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Privacy Notice

EQWELLIBRIUM®, LLC Privacy Notice

Last Updated: January 05, 2022

EQWELLIBRIUM®, LLC (“we” or “us”) respects your privacy and is committed to protecting it through our compliance with this Privacy Notice. This Privacy Notice applies to your access and use of our website, located at https://eqwellibrium.com/, as well as our branded pages on social media services (collectively, the “Site”). This Privacy Notice is incorporated into and is subject to our Terms of Use (the “Terms”).

This Privacy Notice applies to “Personal Information” (information that can be associated with a specific person and can be used to identify that person) collected on or through the Site and is not intended to fully describe our privacy policies.  It does not, for example, apply to Personal Information collected offline or through any website operated by any third party, even if it is linked to or accessible from the Site. The Privacy Notice describes the Personal Information that we gather from you, how we use and disclose your Personal Information, and the steps we take to protect your Personal Information. By using the Site, you consent to the privacy practices described in this Privacy Notice. 

1. The Personal Information that we collect about you and how we collect it:

We collect several types of Personal Information from and about users of the Site, which may include certain information, such as first and last name, e-mail address, mailing address, telephone number, date of birth, account information (such as username and password), billing information (such as credit card details, billing address, and shipping address), IP address, optional information you may choose to provide (such as age group, gender, social handles, location, product usage and concerns, personal characteristics and other similar types of information)), other information that is about you but cannot independently be used to identify you, and information about your internet connection, equipment you use to access the Site and usage details.

We collect this Personal Information directly from you when you provide it to us, automatically as you navigate through the Site and from third parties, such as our business partners or service providers.

       A. Personal Information you provide:

You may provide us with Personal Information when you fill out forms or fields on the Site; create or change an account; participate in promotional sweepstakes, contests, online surveys, or focus groups; purchase or express interest in products or services on or through the Site; provide ratings or reviews; or contact us or request information about us, this Site or our products or services (whether by email or other means).

Your financial information, such as payment method (credit card number and expiration date), is used and stored by our third-party service providers, Shopify Payments and PayPal Express Checkout (“Payment Processor”). The use and storage of that information is governed by our Payment Processor's Terms of Service and Privacy Notice available at: [Shopify Terms] [Shopify Privacy] and [PayPal User Agreement] [Paypal Privacy]. We may from time to time request and receive some of your financial information from our Payment Processor for purposes of completing transactions or protecting against or identifying possible fraudulent transactions.

Some features of our Site allow you to provide content, such as comments or reviews. To the extent permitted by local law, all content submitted to us or third parties in connection with your use of the Site may be retained or used by us for as long as necessary for the purpose for which it was collected.

       B. Personal Information we automatically collect:

When you visit the Site, or use a third-party website that interacts with our Site, we may automatically receive and record certain information from your computer, web browser or mobile device, including your IP address or other device address or ID, web browser or device type, hardware and software settings and configurations, the web pages or sites that you visit before or after visiting the Site, the pages you view on the Site, your actions on the Site, and the dates and times that you visit, access, or use the Site.    

When you use the Site, we may send one or more cookies (which are small text files containing a string of alphanumeric characters) to your computer or mobile device, to recognize your web browser, help analyze our web page flow, customize our content, measure promotional effectiveness, and promote trust and safety. You are always free to decline our cookies if your browser permits, although doing so may interfere with your ability to use the Site or certain features of the Site. We may also use Google Analytics or a similar service that uses cookies to help us analyze how users use the Site.  That use may be subject to the Google Analytics Terms of Use and Google Privacy Policy. Additional information is available here:  http://www.google.com/policies/privacy/partners/.  You have the option to opt out of Google’s use of cookies by visiting http://www.google.com/policies/technologies/ads/ or the Google Analytics Opt-out Browser add-on at https://tools.google.com/dlpage/gaoptout/.]

2. How we use the Personal Information we collect:

A. We generally use the Personal Information we collect about you or that you provide to us in order to provide you with information you request from us or to fulfill any other purposes for which you provide such information.

B. We may use Personal Information in any way we may describe to you when you provide such Personal Information or for any other purpose with your consent.

C. We may use non-identifying information (including aggregated data) about your use of the Site to understand and analyze the usage trends and preferences of our users, to improve the Site, and to improve fraud detection and information security.

D. We may use your e-mail address or other Personal Information to contact you for administrative purposes such as account recovery or to notify you of changes to this Privacy Notice or other policies or to our services. Generally, you can opt out of receiving promotional communications, through links provided in the messages, by updating your account preferences through the Site, or by contacting us directly at support@eqwellibrium.com. Although your changes are reflected promptly in active user databases, we may retain all Personal Information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.

E. We may use Personal Information we collect (including automatically or through cookies) to: (a) personalize our services, such as remembering your Personal Information so that you will not have to re-enter it during your visit or the next time you visit the Site; (b) provide customized content and information; (c) monitor and analyze the effectiveness of the Site; and (d) monitor aggregate Site usage metrics such as total number of visitors and pages viewed.

F. We may use the Personal Information we collect about you or that you provide to us for the Company’s internal business administration and record keeping purposes.

G. We may use the Personal Information we collect about you or that you provide to us to fulfill our contractual obligations to other third parties to whom you have provided your information.

H. We may use the Personal Information we collect about you or that you provide to us for legal and regulatory compliance purposes, including, for example, as necessary to respond to governmental, regulatory or law enforcement agency requests.

3. When we disclose your Personal Information:

We may disclose aggregated information about our users, and information that cannot independently be used to identify any individual, without restriction.  We may disclose Personal Information that we collect or you provide as described in this Privacy Notice:

A. To our third-party service providers to provide website development, hosting, data storage, maintenance, credit card processing and other services for us.

B. If required to do so by law or in the good-faith belief that such action is necessary to take precautions against liability; to comply with various reporting obligations; to protect ourselves from fraudulent, abusive, or unlawful uses or activity; to protect the security or integrity of the Site; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to comply with state and federal laws; or in response to a court order, judicial or other government subpoena or warrant.

C. To a buyer or other successor in the event of a divestiture, merger, consolidation, or asset sale, whether as a going concern or in the unlikely event of a bankruptcy or similar proceeding.

D. In any way we may describe to you when you provide such Personal Information, to fulfill any other purposes for which you provide such Personal Information or for any other purpose with your consent.

E. We do not sell or offer to sell any Personal Information about you to third parties.

4. Your Choices:

A. You may, of course, decline to share certain Personal Information with us, in which case we may not be able to provide to you some of our products or services or the features and functionality of the Site.

B. Once you have registered for an account, you may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page through the Site.

C. If you do not wish to receive email offers or newsletters from us, you can opt out of receiving email information from us (except for emails related to the completion of your registration, change of password, your purchase of goods or services, and other communications essential to your transactions through the Site) by using the unsubscribe process at the bottom of the email. Should you opt out, we will promptly honor your request, though we may retain certain Personal Information you submit (including in backups or archives) for a variety of purposes, including analytics, the prevention of fraud or abuse and compliance with our legal or regulatory obligations.

5. Our Commitment to Children’s Privacy:

Protecting the privacy of young children is especially important. For that reason, we do not allow children under 13 years of age to use the Site, we do not knowingly collect or maintain Personal Information from persons under 13 years of age, and no part of the Site is directed to persons under 13 years of age.  If you are under 13 years of age, then please do not use or access the Site at any time or in any manner. If you are a parent or guardian and discover that your child under 13 years of age has provided us with Personal Information, please alert us at support@eqwellibrium.com.

6. Our Commitment to Data Security:

We use certain physical, managerial, and technical safeguards that are designed to protect the integrity and security of your Personal Information; however, no security measures are perfect or impenetrable, so we cannot ensure or warrant the security of any Personal Information you transmit to us through the Site, and you do so at your own risk. We also cannot guarantee that your Personal Information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. Even after removal, copies of Personal Information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such Personal Information.

In addition, links on the Site may take you to third-party websites over which we have no control. While such links are provided for your convenience, you should be aware that the information handling practices of the linked websites might not be the same as ours. You should review any privacy policies on those linked websites. We are not responsible for any linked websites.

7. Visitors from Outside the United States:

This Site is controlled and operated by EQWELLIBRIUM®, LLC in the United States and is not intended to be accessed by any users located outside of the United States. Any access of this Site from outside of the United States is in violation of the Terms and is strictly prohibited.

8. Limitation of Liability:

By accessing this Site and/or providing us with Personal Information and other data, you expressly and unconditionally release and hold us harmless from any and all liability for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse of such Personal Information.  In addition, while we take efforts to ensure the proper and appropriate use of data by our service providers that may receive your Personal Information from us, we are not responsible for any injuries, loss, or damage of any kind arising from or in connection with the use and/or misuse of your Personal Information caused by those service providers.

9. Changes and Updates to this Privacy Notice:

We reserve the right to make changes to this Privacy Notice at any time. We will notify you about significant changes in the way we treat your Personal Information, including by placing a prominent notice on the Site or by sending you an email so that you can choose whether to continue using the Site. Please revisit this page periodically to stay aware of any changes to this Privacy Notice. 

10. Do Not Track Disclosures

Third parties such as advertising networks, analytics providers, and widget providers may collect information about your online activities over time and across different websites when you access or use our services. Currently, various browsers offer a “Do Not Track” option, but there is no standard for how “Do Not Track” should work on commercial websites. Due to lack of such standards, the Site does not respond to Do Not Track consumer browser settings. 

11. California Consumer Privacy Act

Residents of the state of California have certain rights with respect to their Personal Information pursuant to the California Consumer Privacy Act of 2018 (“CCPA”) as further described in this section. Please note that the rights under the CCPA do not apply to (i) personnel or job applicants seeking opportunities with us or (ii) personnel working on behalf of business partners with whom we are conducting business.

Under certain circumstances, under the CCPA you may have the right to:

  • Request that we disclose, free of charge, the categories and specific pieces of Personal Information we collect about you (and, if applicable, sell or otherwise disclose to a third party and the categories of such third parties), the sources from which such Personal Information was collected, and the business purpose for collecting, selling or disclosing such Personal Information;
  • Choose to opt out of the sale of your Personal Information.  Currently, we do not sell your Personal Information; and
  • Request that we delete the Personal Information we have collected about you.

We will not discriminate against any California resident who exercises the rights set forth in this section.

You have the right to appoint an authorized agent to exercise these rights on your behalf.  If you want to exercise any of these rights, or have your authorized agent exercise any of these rights on your behalf, then please contact us using the details set forth at the end of this Privacy Notice. To exercise any of these rights, we may need to request specific information from you or your authorized agent to help us confirm your identity and ensure your right to exercise these rights.  These rights are not absolute and each is subject to certain exceptions or qualifications. 

For consumers with disabilities who need to access this Privacy Notice in an alternative format, please contact us using the details set forth at the end of this Privacy Notice.

12. Medical Disclaimer

All of the information provided on the site and/or any information shared or written by any contributing doctors or healthcare professionals does not constitute medical advice and should not take the place of consulting a physician. This information does not and should not replace treatment from a medical professional. If you need medical advice or assistance, you should consult your primary physician.

13. Our Contact Information

Please contact us with any questions or comments about this Privacy Notice by e-mail at support@eqwellibrium.com.