Effective Date: November 15, 2021
Last Updated: January 1, 2023
This Privacy Notice sets out how Konscious LLC (Konscious) uses and protects information that you give Konscious when you use our website. Konscious is committed to respecting your privacy. If we ask you to provide identifying information when using this website, then you can be assured that it will be used in accordance with this privacy statement.
CONSENT TO RECEIVE EMAIL FROM US
By registering with the Website, you thereby consent to receive periodic email communications regarding the Services, new product offers, promotions and other matters.
1. Acceptance Of These Terms
By visiting this website or creating an account with us, you agree to the practices described in this Privacy Notice. We may at any time revise or amend this Privacy Notice and will notify you on this Website or via email if you have provided us with your contact information. Upon receiving notice of any changes, you are bound by any such revisions and should therefore periodically visit this page to review the then-current terms of this Privacy Notice. To the extent that any of the third-party sites accessible through our Website (such as our advertisers) have different privacy practices from those stated in this Privacy Notice, those third-party privacy practices govern the collection and use of information you provide when visiting those sites. We are not responsible for the policies, content, and practices of other companies which may collect Personal Data as a third-party web service provider that has an advertising banner or link on the Website.
2. What We Collect
We and our partners may collect the following information directly from you:
- name and job title
- contact information, including email address and phone number
- e-commerce related information including your shipping and billing address
- demographic information, such as postal code
- preferences and interests
- and other information relevant to customer surveys and/or offers
Additionally, if you make use of some of our services, including our Custom Meal Plan quiz, we will collect and use the following information from you:
- your vital information (height and weight)
- your activity profile
- certain food preferences, and
- personal information related to your life events or stressors
We store this information solely to build and provide your Meal Plan.
Our website will also automatically collect the following technical information about you when you visit or use the site:
- IP address
- Inbound referring URL
- Product selections
- Web pages visited
- Time, click-locations, and other statistical information about your visit
All of the above constitutes your “Personal Data”.
3. What We Do With The Information We Gather
We require this information for a variety of reasons, including:
- understanding your needs for our site
- providing you with a better service, and
- internal record keeping.
We may use your information in certain ways as well:
- to improve our products and services
- to customize the website according to your interests
A. Contacting You
We may contact you by email, phone, fax or mail:
- to periodically send promotional emails or text messages about new products, special offers or other information which we think you may find interesting using the email address which you have provided; and
- to contact you from time-to-time for market research purposes, via phone, text, or email.
B. Information Sharing
We may disclose your Personal Data to companies that perform technology or marketing services for us, including with partner providers who assess the likelihood of fraud in any given transaction, record your transactions in our online system and backups, and provide other related services.
We may transfer, sell or assign aggregate, non-personally identifiable information about Site usage to third parties. We may transfer, sell or assign Personal Data to third parties as a result of a sale of all or substantially all of our assets relating to this portion of our business or in connection with a merger, consolidation, change in control, reorganization or liquidation.
We also reserve the right to disclose any information concerning you if required by law or to protect or defend our rights or the rights or well-being of our users or if you are involved (or are reasonably suspected to be involved) in any illegal activity, even without a subpoena, warrant or court order.
4. Terms Related to EU/EEA Users
Legal Bases for Processing (For EU/EEA Users)
If you are an individual in the European Union or European Economic Area (EEA), we collect and process information about you only where we have a legal basis for doing so under applicable EU laws, including the General Data Protection Regulation (GDPR).
The legal basis depends on the services you use and how you use them. This means we collect and user your information only where:
- It is necessary for the performance of a contract, such as to provide you with the services you requested, including to operate the services, provide customer support and personalized features, and to protect the safety and security of the services, including all processing necessary for the performance of our contract(s) with you;
- It satisfies a legitimate interest that is not outweighed by your data protection rights and interests, such as for research and development, to market and promote our services, and to protect our legal rights and interests;
- You give us consent to do so for a specific purpose; or
4. We need to process your data to comply with a legal obligation.
All of our information, including the data we collect about you described in this policy, is stored in the United States of America.
5. Data Protection Officer
Our Data Protection Officer can be reached at firstname.lastname@example.org.
Your Rights as Data Subject
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
- Request transfer of your personal data.
- Withdraw your consent.
If you wish to exercise any of the rights set out above, please contact us at email@example.com.
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What We May Need From You
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time Limit to Respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
We have implemented security policies, rules and technical measures to protect the Personal Data that we have under our control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss.
We protect Personal Data by maintaining physical, electronic and procedural safeguards in compliance with applicable US federal and state regulations. We use computer safeguards such as firewalls and data encryption, we enforce physical access controls to our buildings and files, and we authorize access to Personal Data only for those employees who require it to fulfill their job responsibilities by applying the principle of least privilege.
Nonetheless, visitors and subscribers should consider all Personal Data, communications, and information provided to Konscious to be non-confidential, and consequently, we assume no responsibility or liability if any information relating to any visitor or subscriber is intercepted and/or used by an unintended recipient.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree to accept cookies from our site, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site.
Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
8. Links To Other Websites
Our website may contain links to other websites of interest. But once you have used these links to leave our site, you should note that we do not have any control over that other website. So we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
9. Controlling Your Personal Data
You may inquire about your Personal Data being held by Konscious by sending an email to firstname.lastname@example.org. Upon meeting certain security measures, we will provide you with a copy of the Personal Data that we keep about you. Before completing your request, we may require that you provide us with certain items as proof of your identity. Konscious reserves the right to refuse a request where the burden or expense of providing access would be disproportionate to the risks to your privacy or where the rights of persons other than you would be violated.
B. Your Rights:
- You may email us at email@example.com in order to access, correct, delete or update your Personal Data in our records. We will answer every email as promptly as possible.
- In addition, you can object to processing of your Personal Data, ask us to restrict processing of your Personal Data or request portability of your Personal Data. Again, you can exercise these rights by contacting us at firstname.lastname@example.org. Similarly, if we have collected and processed your Personal Data on the basis of your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent, such as when we process Personal Data necessary for the performance of a contract or when we act in our legitimate interests.
- We may use automated decision making in processing your Personal Data for some services and products. You can request a manual review of the accuracy of an automated decision if you are unhappy with it.
- You have a right to lodge a complaint with a supervisory authority if you believe that processing of your Personal Data relates to the infringement of any laws and regulations. For more information, please review Recourse, Enforcement & Liability section above.
If you have any privacy-related questions or unresolved problems, you may contact us at email@example.com.
C. Restriction of Marketing Usage
We will not sell, distribute or lease your Personal Data to third parties unless we have your permission or are required by law to do so. We may use your Personal Data to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. Data obtained through the short code program will not be shared with any third-parties for their marketing reasons/purposes. You may restrict our usage of your Personal Data in this fashion at any time by contacting us at firstname.lastname@example.org or by writing to us at the address below:
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will use best efforts to promptly correct any information found to be incorrect.
10. CONTACT INFORMATION
You can contact us via e-mail by clicking “Contact Us'' on any Konscious, LLC page, via phone by calling 855-505-EMMA, or send an e-mail directly to email@example.com. Please include information in the e-mail that will help us identify your account so we can assist you with your inquiry or request.