Privacy Policy

Empact Bars LLC, and its affiliates and any subsidiaries (collectively, “we” or “Empact Bars”) have established this privacy policy to help you understand the kinds of information we may gather about you when you visit any web domains or sub domains owned by Empact Bars (including, but not limited to www.EmpactBars.com, including any sub-domains (collectively, the “Website”), how we may use and disclose the information, and how you can control, correct and/or update the information.

WHAT INFORMATION DOES Empact Bars COLLECT?

Personal Information. When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address, and email address. In collecting your personal information, we aim to provide you with a more customized experience. This information lets us provide services and features that we think are more likely to meet your needs. Once you give us this personal information, we consider that you consent to the collection, use, and disclosure of your personal information as described in this policy. Examples of how we request and collect this information include when you call us, sign up for our newsletter, visit or subscribe to our Website, use our mobile or web applications, comment on our social media channels, or purchase an item or service.

Nonpersonal Information. When you browse our Website, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser, the type of device you are using, your operating system, and other additional information about your activities on our website (for example, information about the URL from which you came to our Website from and the URLs that you visited on our Website.

Information from Other Sources. We may now or in the future receive personal information about you from third parties. For example, if you access our Website through a third-party connection or log-in, for example, through Facebook Connect, by “following,” “liking,” adding a Empact Bars application, or “liking” a particular post, reference, or campaign featured on the Website, etc., that third party may pass certain information about your use of its service to us. We may collect information about you from other sources or third parties, including through interactive applications (such as mobile devices/applications and third-party services) and from commercially available sources (such as data aggregators and public databases). For example, if you access third-party services through or in connection with our Website, we collect information available about you through those services, including, but not limited to, personal information as well as publicly observable data, such as activities on blogs, videos, and other online postings.

CONSENT

When you provide us with personal information, we imply that you consent to our collection, use, and disclosure of it. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use, or disclosure of your information, at anytime, by contacting us at info@empactbars.com or mailing us at:

Empact Bars LLC
1877 Broadway
Suite 100
Boulder, CO 80302

HOW DOES Empact Bars USE THE INFORMATION IT COLLECTS?

We use your personal information in the following ways:

  • to take, process, and fulfill your orders and communicate with you about your orders (including, but not limited to, providing your answers to the nutrition questionnaire to Naturally Fit LLC in order to create a customized Nutrition System in the event that you purchase that from us);
  • to improve our products and services, as well as our advertising, marketing, and Websites, to provide targeted advertising and promotions that may be of interest to you, or to conduct business that may be of interest to you
  • to process your requests, contact you in response to customer service questions you have submitted, to address a problem affecting your use of a product or service, or to verify information concerning a transaction,
  • to send important notices to you or tell you about new products or services,
  • to contact you about our (or any of our partners) products or services that we think you will find useful, as well as any products or services of any third parties that we think you will find useful, or
  • to contact you to see if you are interested in participating in market research regarding, referral plans, or other business opportunities regarding Empact Bars or our partners.

For information about opting out of communications about our, or our partners’ products, services, or market research, please see our Opt-Out Policy section below.

We may also use non-personal information (i.e., cookie and IP addresses information) to help diagnose problems with our server, administer our Website, count and track Website visits and purchases, personalize the Websites for each unique user, control the frequency of individual advertisements to individual computers, and target advertisements and promotions to broad demographic segments.

DISCLOSURE

Order Processing; Third Parties. When you make a purchase, we may need to provide personal information, including information such as your shipping address, billing information, telephone number, and credit card information, to third parties, including product manufacturers and shipping companies, as necessary solely to complete the transaction and process your order. Furthermore, we sometimes partner with third parties (each, an “Affiliated Company”) to offer additional products or services that we feel may be useful to you. In such case, we may disclose to an Affiliated Company certain information. If you request information or purchase a particular product or service from an Affiliated Company, we may disclose additional information. For example, if you purchase our Customized Nutrition System, certain information is provided to an Affiliated Company in order for the company to create your Customized Nutrition System, such as your answers to the nutrition questionnaire, your name, and your email address. If you do not want us to disclose your personal information to the Affiliated Companies, please refer to the Opt-Out Policy below.

Other Disclosures. We may, in our sole discretion, disclose personal information when we deem necessary or appropriate to law enforcement or other entities, government agencies, or third parties as required by law or to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud, identity theft, or otherwise to comply with the law or legal process, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights, property, or safety of Empact Bars and its employees, agents, or others. In certain other circumstances, we may be obligated to disclose your personal information to others, such as a governmental body or regulatory authority. These circumstances could include to comply with our duty to disclose or share your personal information under any legal obligation, to enforce or apply our terms of use and other agreements between you and us or to protect the right, property or safety of Empact Bars.

We may also disclose non-identifying transaction information to third parties for the purpose of accounting and record keeping. We may also disclose aggregate user data or nonpersonal information in order to describe our services to prospective business partners, advertisers, and others, but will do so only in a form that does not identify individual users.

Occasionally, we may disclose personal information in other circumstances, but we will notify you at the time we collect the information the purpose for which it will be disclosed.

SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed, and we make good-faith efforts to store your personal information in a secure operating environment. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or our online products or services, and you do so at your own risk.

TARGETED ADVERTISING

Some web browsers offer a “Do Not Track” (“DNT”) signal that is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. Although we are currently unable to honor DNT signals, we do not collect personal information when you visit our Website unless you provide such information to us. We also work with third parties that use tracking technologies on our Website in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on our sites and your interaction with us or our advertising and other communications, and use this information to determine which ads you see on third party websites and applications. For more information about this practice and to understand your options, please visit www.youradchoices.com (U.S.), www.youradchoices.ca (Canada), or the Network Advertising Initiative atwww.networkadvertising.org.

COOKIES AND OTHER FEATURES

We also use a feature of your browser called a cookie to assign identification to your computer that may be placed by us or a third party with whom we partner. Cookies allow us to better understand your preferences and personalize the content on our Website and marketing to give you a better overall shopping experience. The unique user ID contained within your cookie automatically identifies your computer (but not you) to our servers every time you visit our Website. Cookies by themselves cannot be used to find out the identity of any user, but may be combined with identity information in our log files. You can turn off the cookie feature by using your browser preference options, but you may not be able to utilize some of the features or services on our Website properly. Current versions of many web browsers offer enhanced user controls for the placement and duration of cookies. You can search for “cookies” under your web browser’s Help menu for more information on the cookie management features available to you.

PIXELS

We also collect information through the use of “pixel tags” on our Website and in email messages, and other marketing or advertising materials (e.g., Facebook ads) we may send to you that may be placed by us or a third party with whom we partner. Pixel tags, also known as “Web beacons,” are tiny graphic files, not visible to the human eye, that are included in HTML-encoded email messages. When such a message is opened in an HTML-capable email program, the recipient’s computer will access our server to retrieve the pixel tag file, allowing us to record and store, along with the recipient’s email address, the date and time the recipient viewed the email message, the fact that the recipient’s email program is capable of receiving HTML-encoded email, and other standard logging information. The pixel tag may also see or read cookies. We may use pixel tags in order to measure and understand traffic better, to track visitor behavior to improve user experience, and for tracking promotional and marketing campaign response, among others. You can disable the pixel tag feature by changing your browser settings to omit images and disable Javascript; or there are commercial software packages available that can omit pixel tags and most advertisements.

Some web browsers offer a “Do Not Track” (“DNT”) signal that is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. Although we’re currently unable to honor DNT signals, we do not collect personal information when you visit our Web site(s) unless you provide such information to us. We also work with third parties that use tracking technologies on our Web sites in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on our sites and your interaction with our advertising and other communications, and use this information to determine which ads you see on third party websites and applications. For more information about this practice and to understand your options, please www.youradchoices.com (U.S.), www.youradchoices.ca (Canada), or the Network Advertising Initiative atwww.networkadvertising.org.

We may now or in the future collect and use information about your interactions with the Website in a manner that does not identify you as an individual, for example, by using log file information, device identifiers, location data, analytics information, including, but not limited to, Google Analytics.

AGE OF CONSENT

By using the Website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website. Empact Bars does not knowingly collect or solicit personal information from anyone under the age of 13. If we learn that we have inadvertently obtained personal information on a child under the age of 13, that information will be deleted from our systems. The Website is not directed at children under the age of 13.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Website. If we make material changes to this policy, we will notify you here with a date of the last update. Your continued business relationship or use of the Website after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue your use of our Websites or business relationship with us.

OPT-OUT POLICY AND QUESTIONS

You may opt out of receiving certain communications from us (i.e. notices about new products or services or marketing research) or from Affiliated Companies or other third parties (i.e. our partners’ products and services or third party/co-branded offers), by emailing us at info@empactbars.com or writing to us at:


Empact Bars LLC
1877 Broadway
Suite 100
Boulder, CO 80302
Attention: Privacy Compliance Officer

In addition, we may contact you via email or use targeted online advertising as permissible by law. In the case of email, we may include instructions to enable you to unsubscribe from future emails if you so choose. You agree and understand that while we will do our best to comply with your request, we shall not be liable for any problems or delays associated with the opt-out process. For any targeted online advertising, you can learn more by visiting www.youradchoices.com (U.S.),www.youradchoices.ca (Canada) or the Network Advertising Initiative atwww.networkadvertising.org. If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at the email address or mailing address above.

CALIFORNIA ONLINE PRIVACY PROTECTION ACT

California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (“California Act”) and the California Business and Professions Code. As required by the California Act, this Privacy Policy identifies the categories of personally identifiable information that we collect through our website about individual consumers who use or visit our website and the categories of third-party persons or entities with whom such personally identifiable information may be shared.

Depending on the visitor’s activity at our website, certain “personally identifiable information” (as that term is defined in the California Act) may be collected, in addition to information set forth in other sections of this document. For purposes of the California Act, the term “personally identifiable information” means individually identifiable information about an individual consumer collected online by us from an individual and maintained by us in an accessible form, and may include any of the following: (1) a first and last name; (2) a home or other physical address, including street name and name of a city or town; (3) an email address; (4) a telephone number; (5) a social security number; (6) any other identifier that permits the physical or online contacting of a specific individual; and (7) information concerning a user that the web site collects online from the use, and maintains in personally identifiable form, in combination with an identifier described within this Privacy Policy.

See “Opt-Out Policy and Questions” above for a description of the process maintained by Empact Bars for an individual consumer who uses our Website to review and request changes to any of his or her personally identifiable information that is collected through our website.

See “Changes to This Privacy Policy” above for a description of the process by which we notify consumers who use our Website of material changes to our Privacy Policy.

See more about the California Act at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

Your California Privacy Rights:

Pursuant to California Civil Code Section 1798.83, if you are a California resident, you have the right to request and receive, once a year and free of charge, information about third parties to whom we have disclosed certain types of personal information (if any) about you for their direct marketing purposes in the prior calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to info@empactbars.com and please include the phrase “California Privacy Request” in the subject line, the domain name of the website you are inquiring about, along with your name, address and email address. At our option, we may respond to such requests by providing instructions about how our users can exercise their options to prevent our disclosure of personal information to third parties for their direct marketing purposes. These instructions can be located above in the section of our Privacy Policy titled “Opt-Out Policy and Questions.”

ADDITIONAL INFORMATION ABOUT THIRD PARTIES

At various points and pages on our Websites, you may be able to access or utilize tools and/or services offered by or in conjunction with third parties, including tools and services in connection with third-party “social media” and other sites that would allow personal information to be transferred to such third parties (for example, Facebook Connect, Instagram, and Twitter, etc.). These third parties have separate data collection and privacy practices independent from ours, and thus we cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.

Additionally, on our Website and in communication with you, we may include links or referrals to businesses and websites operated by our business partners, affiliates, advertisers, and others. These third parties have separate data collection and privacy practices independent from ours, and thus we cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.

PERSONAL INFORMATION FROM USERS BASED OUTSIDE OF THE UNITED STATES

Empact Bars and its Website may be accessed by an international audience. By visiting any of our Web ites and providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in this policy. In addition, such data may be transferred and stored on servers located in the United States of America or otherwise outside your resident jurisdiction; such jurisdictions may have less stringent privacy practices than your own. Our Affiliated Companies and third party service providers may also be located outside of your jurisdiction. By providing us with your data, you consent to the transfer of such data. As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act. Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. Furthermore, personal information that is transferred or maintained outside of your jurisdiction could be accessible to law enforcement agencies according to the laws of the applicable foreign country.

WHAT WILL HAPPEN TO MY INFORMATION IF Empact Bars IS SOLD TO OR MERGED WITH ANOTHER COMPANY?

It is possible that Empact Bars and/or any of our assets may be acquired by an unrelated third party. In this type of transaction, as the owner of this customer information, we may disclose or sell the information as an asset of the company in conjunction with the sale of Empact Bars or the sale of a portion of our assets to a third party. While we will endeavor to require the successor company to maintain this privacy policy, we cannot guarantee that our policy will remain in effect.

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