Privacy Policy
Last Updated: January 1, 2020
Metabolic Health and Nutrition, LLC d/b/a Metabolic Living (“Company”, “we”, “us” and “our”) is committed to the privacy of each website visitor or person who interacts with us (“User” or “you”). We provide Users with this privacy policy (“Privacy Policy”) because we want you to know how we collect, use, share, and retain information about you. We want you to know the choices that are available to you. This document supersedes any prior communication on this subject matter and reflects the entire and exclusive Privacy Policy for any website owned and operated by the Company or its successors (each a “Site”). Specifically, this Privacy Policy applies to metabolicliving.com, metabolicfactor.com, metabolicrenewal.com, naturalhealthsherpa.com, and any other website that we own. In the event of a conflict between the Privacy Policy and any written agreement with a User, the terms of the written agreement shall control. This Privacy Policy is part of, and subject to, our Site’s Terms and Conditions.
This Privacy Policy applies to information we collect on this Site or through electronic mail (“e-mail”), online surveys, telephone, contests, promotions, other electronic messages between you and this Site, mobile and desktop applications you download from this Site, our advertising, and our accounts on third-party websites and services. This Privacy Policy also applies to information we collect offline and information collected by third parties and which is transferred to us.
We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated notice on the Site and update the notice’s effective date. Your continued use of the Site following the posting of changes constitutes your acceptance of such changes. We encourage you to periodically review this page for the latest information on our privacy practices.
By entering and using our Site or providing personal information to us in another manner, each User agrees with and accepts to be bound by the terms set forth in this Privacy Policy. Users may also publish, display, or otherwise transmit directly or indirectly stories, messages, comments, information, images, graphics, photographs, and other content (individually or collectively, “User Content”) to the Site. By submitting any User Content, you agree to be bound by the terms of this Privacy Policy and our Terms and Conditions. The Company does not control User Content and some parts of the Site may serve as public discussion forums open to many Users. A User should therefore tailor content submitted accordingly.
Collection of Personal Information: What, When, Where, and Why
In General
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly, or indirectly, with an individual User or device (“personal information”). We provide notice that we are collecting your personal information at or before the point of collection, both online and offline.
The table below describes the categories of personal information we have collected from Users within the preceding twelve (12) months, the sources of this information, and the purpose for which we collect the information.
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Category |
Sources |
Purposes |
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Identifiers such as your real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name (“Identifying Information”).
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Other personal information identified in the California Customer Records statute such as name, signature, physical characteristics or description, address, telephone number, education, employment, the last four digits of your credit card number or debit card number, or medical information (“Other Personal Information”).
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Certain of your characteristics such as Age (40 years or older), race, color, ancestry, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), genetic information (including familial genetic information) (“Protected Characteristic Information”).
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Commercial information such as the records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies (“Commercial Information”).
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Biometric information like genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, sleep, health, or exercise data (“Biometric Information”).
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Internet activity like browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement (“Internet Activity Information”).
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Geolocation data, or your physical location.
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Inferences drawn from your personal information. We create profiles reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes (“Inference Information”).
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Sharing Your Personal Information
We have disclosed User personal information to third parties for business purposes within the preceding twelve (12) months. When we disclose your personal information, we enter a contract that describes the purpose of the disclosure and requires the recipient to not use it for any purpose except performing the contract. We have also shared User personal information with our third party advertising partners to communicate with you about products and services we think you would be interested in, or “sold” User personal information as defined by California Consumer Privacy Act (“CCPA”), within the preceding twelve (12) months. The definition of “sale” under the CCPA includes releasing, disclosing, or communicating your information to another party when that party is providing business services for us, such as advertising or analytics. The CCPA prohibits third parties to whom we share or “sell” your personal information from reselling it unless you have received explicit notice and an opportunity to opt-out.
The following table explains categories of third parties with whom we have shared your personal information within the preceding twelve (12) months and the categories of personal information they have received:
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Category of Third Party |
Category of Personal Information Received |
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Service Provider: We provide your personal information to companies that provide limited services to help us with our business activities, such as offering customer service, order fulfillment, payment processing, or marketing analytics. These companies are authorized to use your personal information only as necessary to provide these services to us. |
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Third Party Providers: We provide your personal information to companies that provide us with other business services, such as shipping, email and phone validation, and Site analytics.
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Our Affiliates: We provide your personal information to companies that we own or with whom we share a common owner. We also share your personal information to other brands we own or owned by companies with whom we share a common owner. |
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Third Party Advertisers: We provide your personal information to companies that manage advertisements you see (i) on the Site, (ii) on other websites. |
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Legal Bases
If you are a User in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. We collect, use, and disclose your personal information for the following purposes:
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If you give consent;
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If it is necessary to enter into or perform a contract with you;
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If it necessary for us to comply with the law;
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If it is necessary for our other legitimate business interests, such as improving your experience with us, improving and developing products and services, research, internal company administration, or communicating directly with you, so long as our interest is not greater than your interest in privacy.
International Data Transfers
Personal information that we collect may be stored, processed in, and transferred between any of the countries in which we operate in order to enable us to use the personal information in accordance with this Privacy Policy. Information that we collect may be transferred to the United States, which does not have data protection laws equivalent to those in force in the EEA. Appropriate contractual and other measures are in place to protect personal information when it is transferred to our affiliates or third parties in other countries. You expressly agree to the transfers of personal information described herein.
Personal Information of Minors
Our Site is not intended for children under 13 years of age and we will not knowingly solicit or collect personal information from anyone under 13 years of age. No one under age 13 may provide any personal information to or on the Site. If you are under age 13, do not use or provide information on this Site. If we learn that we have collected or received personal information from a person under 13 without verification of parental consent, we will delete that information. Furthermore, Users under the age of 18 may not purchase any of the products and services offered on this Site.
We do not sell the personal information of Users we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the User who is between 13 and 16 years of age, or the parent or guardian of a User less than 13 years of age. Users who opt-in to personal information sales may opt-out of future sales at any time.
If you believe we might have any information from or about a child under 13 or you wish to opt-into the sale of personal information please contact us at
[email protected] or (855) 912-0473.
Customers
Users who purchase Company products or services (“Customers”) must register with the Site in order to make use of certain features offered through the Site. When a Customer submits personal information to us, that Customer gives us consent to the collection, use, and limited disclosure of the personal information. By entering and using our Site or providing personal information to us in another manner, each User agrees with and accepts to be bound by the terms set forth in this Privacy Policy.
Our Site also displays personal testimonials of satisfied Customers on our Site in addition to other endorsements. With your consent we may post your testimonial along with your name, age range, gender, certain biometric information, and reasons for using Company products. If you wish to update or delete your testimonial, you can contact us at
[email protected] or (855) 912-0473.
Cookies, Action Tags/ Pixels, and Social Media Features
We use cookies, flash cookies, IP addresses, action tags and social media widgets to personalize and enhance the online experience of our Users, to test User preferences to gauge format preferences, to provide customized content and advertisements, to perform behavioral analyses, and to provide improved content and services. Cookies are small text files that identify a User’s computer. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. We use session cookies to make it easier for you to navigate our Site. A persistent cookie remains on your hard drive for an extended period of time. Cookies are placed on your computer, and accordingly we neither store cookies on our computers nor forward them to any external parties. We may collect automatically submitted information regarding the User’s computer configuration, including the previous and subsequent URL, device type, browser type, operating system, IP address or ISP domain name as well as location data.
Each User can reset their browser to provide notification of cookies or to disable the cookie feature. However, in a few cases, some of our Site features may not function as a result. Please consult your web browser’s Help documentation for more information about how to turn these cookies off and on for your browser.
An action tag or pixel is a small, graphic image on a webpage that is designed to allow the website owner or a third party to monitor who is visiting a website by collecting the IP address of the computer to which the tag is sent, the URL of the webpage that the tag comes from, the internet activity of the IP address, and the time that such webpage was viewed. Tags may be associated with cookie information. We may also use such anonymous and aggregate information for promotional purposes and other purposes described in this Privacy Policy. How third parties use the data from the tags/pixels is governed by the terms of their privacy policies.
Our Site includes social media features, such as the Facebook Like button. These features may collect IP addresses, which page have been visited on our Site, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.
Any information or other content (including text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips) you post when (i) using the Site or (ii) using any social media website in which you interact with Company-affiliated accounts, including but not limited to Facebook, Twitter, Instagram, YouTube, Snap Chat, Pinterest, YouTube, and LinkedIn (including any use of Company-related hashtags, tags, and posts), (such content hereinafter referred to as “User Social Media Content”), becomes public information, depending upon your privacy settings, and is subject to redistribution by the Company and other third parties. By using the Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, create derivative works from, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize User Social Media Content in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any User Social Media Content that you do not wish to license to us, including any photographs, videos, confidential information, or ideas. There is no expectation of privacy when posting User Social Media Content or otherwise participating in such interactive forums and we have no control over how other users may use the information you make public. Therefore, you should exercise caution and discretion when disclosing your personal information in a public submission or posting User Social Media Content. User Social Media Content is also subject to our Terms and Conditions.
Your Rights and Choices
General Rights
Data Integrity. We will use personal information only in ways that are compatible with the purposes for which it was collected, including as provided for herein, or as may be subsequently authorized by the User. We will take reasonable steps to ensure that such information is relevant to its intended use, accurate, complete, and current.
Marketing Opt-Outs. We give you choices regarding our use and disclosure of your personal information for marketing purposes. Unless you “opt-out” of receiving such messages, we may use your personal information to send you updates and communications about our products and services or other promotional communications, such as newsletters or special offers (“Promotional Communications”). If you wish to opt out of receiving Promotional Communications or change your preferences for Promotional Communications, you may opt-out by sending us an e-mail stating your request to [email protected] or (855) 912-0473. If we have sent you a promotional e-mail, you may send us a return e-mail asking to be omitted from future e-mail distributions. This opt-out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
If you provide us personal information on the Site, whether through forms, orders, or any other means, you are consenting to us using that personal information for the purposes outlined in this Privacy Policy. If you provide us with your email address or telephone number during an order checkout process, you give consent that we may use your email address and telephone number to contact you about all present and future orders, whether or not the order is submitted; provided, however, that you may request to opt out of our communications with you at any time by contacting [email protected] or (855) 912-0473.
California
California residents have rights under the California Consumer Privacy Act (“CCPA”). We are committed to helping California residents exercise these rights. This section describes your CCPA rights and how to exercise them.
The Right to Access. You have the right to request that we disclose what personal information we collect, use, disclose, and sell. Once we receive, confirm, and verify your request, we will respond to your request. To submit a request to know, follow the instructions in the section titled “Verifiable Consumer Request” below.
You may request the following:
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The categories of personal information we collected about you.
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The categories of sources for the personal information we collected about you.
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Our business or commercial purpose for collecting or selling that personal information.
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The categories of third parties with whom we share that personal information.
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The specific pieces of personal information we collected about you.
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If we sold or disclosed your personal information for a business purpose, the categories of personal information that the recipient obtained or purchased.
The Right to Request Deletion. You have the right to request that we delete the personal information we have collected from you and retained, subject to certain exceptions. Once we receive, confirm, and verify your request, we will respond to your request. We will also direct our Service Providers to delete your personal information. To submit a request to delete, follow the instructions in the section titled “Verifiable Consumer Request” below.
The Right to Opt-Out of the Sale of Personal Information. We do sell your personal information, or exchange your personal information for benefits to our business. You have the right to opt-out of the sale of your personal information. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time through the same methods for opting out, as described below. We will only use personal information provided in an opt-out request to review and comply with the request. We will notify third parties of your request.
To submit your request to opt-out, please contact us through one of these methods:
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Call this toll free number (855) 912-0473.
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Email us at [email protected].
The Right to Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of your rights conferred by the CCPA. Unless permitted by law, we will not:
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Deny you goods or services.
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Charge you different prices or rates for goods or services.
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Provide you a different level or quality of goods or services.
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Suggest that you may receive a different price or rate for goods or services or a different level or quality of good or services.
Verifiable Consumer Request. We will verify your request to know or delete by authenticating your identity through your account with us or by matching the personal information we have about you with the information you provide. To verify your request, you will need to provide the following:
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If you have an account with us, you must login.
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If you do not have an account with us but have completed an order on one of our Sites, you will provide your email address, mailing address, and order history.
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If you do not have an account with us and have not completed an order, you will provide your email address and second data point, such as IP address location.
You may designate an authorized agent to make a request under the CCPA on your behalf. If you do so, we require that you provide written proof of the authorization and we will verify your identity.
Other Rights. California’s “Shine the Light” law permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected]. Generally, if we have made disclosures of certain personal information and if you make a request, we are required to provide you a list of all third parties to whom that personal information was disclosed in the preceding twelve (12) months, as well as a list of the categories of that personal information that were disclosed.
European Union
Residents and individuals located in the European Union have rights under the General Data Protection Regulation (“GDPR”). We are committed to helping European Union residents exercise these rights. This section describes your GDPR rights and how to exercise them.
The Right to Access. You have the right to request that we describe what personal information we have collected, how we use it, and to whom we share it, as well as the copy of the personal information we have. We may charge you a small fee for this service. We will require verification of your identity. We may withhold personal information that you request to the extent permitted by law.
The Right to Correction. You have the right to request that we correct any information you believe is inaccurate and complete information you believe is incomplete.
The Right to Erasure. You have the right to request that we delete your personal information, under certain conditions.
The Right to Restrict Processing. You have the right to request that we restrict the processing of your personal information, under certain conditions.
The Right to Object to Processing. You have the right to object to our processing of your personal information, including processing for direct marketing purposes, under certain conditions.
The Right to Data Portability. You have the right to request that we transfer the personal information that we have collected from you to another organization, or directly to you, under certain conditions.
The Right to Withdraw Consent. If we are processing your personal information because you consented to it, you may withdraw your consent.
If you would like to exercise any of these rights, please contact us through one of these methods:
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Call this toll-free number (855) 912-0473.
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Email us at [email protected].
We do not use automated decision-making, including profiling.
Data Security
We take data security seriously. We have put in place appropriate organizational, technical, and administrative safeguards to protect information in our possession from loss, misuse, unauthorized access, disclosure, alteration, and destruction.
Please note that when sensitive personal information (for example, credit card information) is transferred over the Internet, we protect it using industry-standard Secure Sockets Layer (SSL) encryption technology.
However, no system can guarantee that there will never be unauthorized access to your personal information, and your use of Site indicates that you are willing to assume this risk. Any transmission of information is at your own risk. We ask that you do your part by maintaining any usernames and passwords you use to access the internet or this Site strictly confidential. The Company expressly disclaims any liability that may arise from any provision of any information whatsoever to this Site. If you have any questions about security on our Site, you can contact us at
[email protected] or (855) 912-0473.
Data Retention
We take reasonable steps to ensure that your personal information is only retained for the minimum period necessary for the purposes set out in this Privacy Policy. We use the following criterial to determine the retention period of your personal information:
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The length of time we maintain an ongoing relationship with you (i.e., when you are included in our mailing list and have not unsubscribed or when we are providing you with goods or services);
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Our need to fulfill our legal obligations, resolve disputes, and enforce our agreements;
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The limitations periods and retention requirements established by law;
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The purposes set forth in this Privacy Policy.
Other Websites
This Site contains links to other websites. Our Privacy Policy applies only to the Sites owned by Company. To understand your privacy on other websites, you must read their privacy policies. Some of our third-party advertisers and ad servers that place and present advertising on the Site 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 while you are on our Site 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 and may be different from our Privacy Policy. 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.
Contact Information
Should any User have questions or concerns about this Privacy Policy, your choices and rights, or wish to exercise your privacy rights, please do not hesitate to contact us at:
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Phone: (855) 912-0473
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Email:
[email protected]
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Postal Address: 12333 Sowden Rd. Ste PMB 86809, Houston, TX 77080
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