Privacy Policy

Effective Date: October 2020

 

The following Privacy Policy governs the online information collection practices of PhytoHealth LLC (“PhytoHealth”, "we" or "us"). Specifically, it outlines the types of information that we gather about you while you are using the website (the "Site"), and the ways in which we use this information. 

 

This Privacy Policy, including our children's privacy statement, does not apply to any information you may provide to us or that we may collect offline and/or through other means (for example, at a live event, via telephone, through the mail, or as a client of PhytoHealth).

 

Please read this Privacy Policy carefully. By visiting and using the Site, you agree that your use of our Site, and any dispute over privacy, is governed by this Privacy Policy. 

 

Changes to our Privacy Policy

We may need to and we reserve our right to change this Privacy Policy from time to time, in which case the updated Privacy Policy will be posted on this page and we will update the Effective Date at the top of the Privacy Policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified, so please check this Privacy Policy from time to time to be aware of any modifications.

 

Information We Collect and How We Collect It

We may collect and store personal or other information that you voluntarily supply to us online while using the Site (e.g., while on the Site, filling out any type of form on the Site including a contact form, client application or a request for a complimentary consult or purchasing a service or product through our Site, or otherwise contacting us via an online form on the Site or by e-mail). The personally identifying information collected may include your name, e-mail address, phone number, any information you provide in application forms or contact forms, records and copies of your correspondence such as e-mail messages together with your e-mail address and our responses, and if you make a purchase through the Site, your address, billing and credit card information, and details of purchase transactions you carry out through the Site. All of this information is provided to us by you. You are not required to provide any personal information to merely access or visit the Site. 

 

If you are located in the European Economic Area (EEA), this means we are regulated under the General Data Protection Regulation which applies across the European Union (including in the United Kingdom) and we are responsible as data controller of that personal information for the purposes of those laws.

 

The Site only contacts individuals who specifically request that we do so or in the event that they have signed up to receive our messaging, attended one of our events, or have purchased one of our products. 

 

We also collect and store information that is generated automatically as you navigate online through the Site. For example, we may collect information about your computer's connection to the Internet, which allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Site. We also may use a standard feature found in browser software called a "cookie" to enhance your experience with the Site. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Site, cookies help us deliver advertisements, identify how many unique users visit the Site, and track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you may have entered preference information before. The Site also may use web beacons (single-pixel graphic files also known as "transparent GIFs") to access cookies and to count users who visit the Site or open HTML-formatted email messages.

 

If we use cookies, we will ask for your consent to allow us to use cookies. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if we use cookies and you select this setting, you may be unable to access certain parts of our Site. 

 

If your browser sends a "Do Not Track" signal, only a generic cookie will be placed on your device while the Site is accessed.

 

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to send you e-mails when you request information from us, to respond to comments and questions and to provide support to users of the Site, to provide you with information about our services, to notify you about changes to our Site, to provide you with information, products or services you request from us, to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, in any other way we may describe when you provide the information. In addition, as described above, we use the information that is automatically collected to provide us with an overview of how people are accessing and using this Site, to understand and analyze usage trends and preferences of our visitors and users so that we can improve our service and develop new products, services, features and functionalities and improve our Site performance and customer service. If you make a payment or purchase through this Site, we will also use the information that we collect to fulfill orders and deliver services and products and complete customer transactions, to process payments, and for billing and collection.

 

Disclosure of Your Information: Who We Share Your Information With

PhytoHealth respects your privacy and we do not sell, rent, lease, trade or otherwise transfer any information collected whether automatically or through your voluntary action to third parties (beyond what is necessary for the basic functionality of an online service or for fulfilling a customer transaction if applicable) without your consent. 

We may disclose personal information that we collect, including that you provide as described in this Privacy Policy:

• To our subsidiaries and affiliates, including Fireproof Wellness

• To third parties including, for example: contractors, service providers and ‘data processors’ as described below, that we use to support our business and our Site. All such third parties will always be bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. 

• To a third party, including a lawyer or collection agency, when necessary to enforce our Site Terms of Service or any other applicable terms of use, terms & conditions or agreement between you and PhytoHealth, including for billing and collection purposes.

• To any successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of PhytoHealth’s asserts and/or business.

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of PhytoHealth, other users of the Site or the general public. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

• To comply with any legal obligations such as court order, law or legal process, including to respond to any government or regulatory request and when compelled by a court or other governmental entity to do so. 

• For any other purpose disclosed by us when you provide the information.

• With your consent.

 

We are the ‘data controller” of any personal information collected through the Site and determine the purposes for which and the manner in which any personal information is used and processed. However, we pay for the services of third party ‘data processors’ who hold and/or process personal information of users of the Site on our behalf. We may have multiple data processors at any given time, including, but not limited to:

• our email marketing and email management software service provider 

• our Site hosting service provider 

• our platform service provider 

• our scheduling service provider

• various payment merchants if we offer an option to purchase through our Site

• Google

• Facebook

• Other social media sites

 

Note that, while the above entities act as data processors on our behalf, some or all of them may also act as data controllers in their own rights. For example, if you purchase a product or service through our Site, payment merchants decide which information they need from our customers in order to process their payments correctly. The payment merchants or other data processing entities may also exercise control over the other purposes that a customer's data is used for, for example direct marketing of their products and services, which is not within our control. The payment merchants or other data processing entities also have legal requirements of their own to meet, such as regulations relating to the use and retention of payment card data or other personal data. And, finally, each data processor has its own terms and conditions and privacy policies that apply directly to our Site users.

 

Please keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online - for example on message boards, web logs, through email, or in chat areas - that information can be seen, collected and used by others besides us. We cannot be responsible for any unauthorized third-party use of such information.

 

Third-party Use of Cookies and Other Tracking Technologies

Some content or applications on the Site, including for example, our online supplement dispensary platform Fullscript and our scheduling software, may be served by third parties, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Site.  We do not control these third parties’ tracking technologies or how they may be used. If you have any questions, you should contact the responsible provider directly.

 

Third-Party Links

The Site also includes links to other websites and provides access to products and services offered by third parties, whose privacy policies we do not control. When you access another website or purchase third-party products or services through the Site, use of any information you provide is governed by the privacy policy of the operator of the site you are visiting or the provider of such products or services.

 

We may also make some content, products and services available through our Site or by emailing messages to you through cooperative relationships with third-party providers, where the brands of our provider partner appear on the Site in connection with such content, products and/or services. We may share with our provider partner any information you provide, or that is collected, in the course of visiting any pages that are made available in cooperation with our provider partner. In some cases, the provider partner may collect information from you directly, in which cases the privacy policy of our provider partner may apply to the provider partner's use of your information. The privacy policy of our provider partners may differ from ours. If you have any questions regarding the privacy policy of one of our provider partners, you should contact the provider partner directly for more information.

Be aware that we may occasionally release information about our visitors when release is appropriate to comply with law or to protect the rights, property or safety of users of the Site or the public.

 

Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that we sell some or all of our assets, or one or more of our websites is acquired by another company, information about our users may be among the transferred assets.

 

Google Analytics

We also use Google Analytics Advertiser Features to optimize our business. Advertiser features include:

• Remarketing with Google Analytics

• Google Display Network Impression Reporting

• DoubleClick Platform integrations

• Google Analytics Demographics and Interest Reporting

 

By enabling these Google Analytics Display features, we are required to notify our visitors by disclosing the use of these features and that we and third-party vendors use first-party cookies (such as the Google Analytics cookie) or other first-party identifiers, and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to gather data about your activities on our Site.  Among other uses, this allows us to contact you if you begin to fill out our check-out form but abandon it before completion with an email reminding you to complete your order.  The “Remarketing” feature allows us to reach people who previously visited our Site, and match the right audience with the right advertising message.

 

You can opt out of Google’s use of cookies by visiting Google’s ad settings and/or you may opt out of a third-party vendor's use of cookies by visiting the Network Advertising Initiative opt-out page.

 

Facebook

As advertisers on Facebook and through our Facebook page, we, (not Facebook) may collect content or information from a Facebook user and such information may be used in the same manner specified in this Privacy Policy. You consent to our collection of such information.

We abide by Facebook’s Data Use Restrictions.

 

• Any ad data collected, received or derived from our Facebook ad (“Facebook advertising data”) is only shared with someone acting on our behalf, such as our service provider. We are responsible for ensuring that our service providers protect any Facebook advertising data or any other information obtained from us, limit our use of all of that information, and keep it confidential and secure.

• We do not use Facebook advertising data for any purpose (including retargeting, commingling data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and anonymous basis (unless authorized by Facebook) and only to assess the performance and effectiveness of our Facebook advertising campaigns.

• We do not use Facebook advertising data, including the targeting criteria for a Facebook ad, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device.

• We do not transfer any Facebook advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service.

 

How do we store your information?

 

Your information is stored at the list server that delivers the Site content and messaging. Your information can only be accessed by those who help manage those lists in order to deliver e-mail to those who would like to receive the Site material.

 

All of the messaging or emails that are sent to you by the Site include an unsubscribe link in them. You can remove yourself at any time from our mailing list by clicking on the unsubscribe link that can be found in every communication that we send you.

 

General Data Privacy Regulation (GDPR)

 

The GDPR took effect on May 25, 2018, and is intended to protect the data of European Union (EU) citizens. 

 

As a company that markets its site, content, products and/or services online, we do not specifically target our marketing to the EU or conduct business in or to the EU in any meaningful way. If the data that you provide to us in the course of your use of our site, content, products and/or services is governed by GDPR, we will abide by the relevant portions of the Regulation.

 

If you are a resident of the European Economic Area (EEA), or are accessing this site from within the EEA, you are entitled to certain information and have certain rights under the GDPR. Those rights include:

• Fair processing of information and transparency over how we use your use personal information

• Access to your personal information and to certain other supplementary information that this Privacy Policy is already designed to address

• Require us to correct any mistakes in your information which we hold

• Require the erasure of personal information concerning you in certain situations

• Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations

• Object at any time to processing of personal information concerning you for direct marketing

• Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you

• Object in certain other situations to our continued processing of your personal information

• Otherwise restrict our processing of your personal information in certain circumstances

• You may also have the right to claim compensation for damages caused by our breach of any data protection laws.

 

We hope that we can resolve any question or concern you raise about our use of your information.

If you would like to exercise any of those rights, please:

• Email us at jessica@jessicameyers.com

• Provide us enough information to identify you (e.g., name, e-mail address, or other information, as applicable) and verify proof of your identity

• Provide us with the information to which your request relates

 

Children's Privacy Statement

This children's privacy statement explains our practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information regarding their rights under federal law with respect to such information.

• This Site is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen as part of the Site. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen as part of the Site, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Site. 

• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we also do NOT knowingly distribute such information to third parties. 

• We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information through the Site. 

• Because we do not collect any personally identifiable information from children under the age of thirteen as part of the Site, we do NOT condition the participation of a child under thirteen in the Site's online activities on providing personally identifiable information. 
   

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

 

Pursuant to CalOPPA we agree to the following:

• Users can visit our Site anonymously

• There is a link to our Privacy Policy on our home page or at a minimum on the first significant page after entering our Site.

• Our Privacy Policy link includes the word ‘Privacy’ and can be easily be found on the page specified above.

• Users will be notified of any changes to our Privacy Policy:

  • On our Site Privacy Policy page

• Users are able to change their personal information:

  • By emailing us

  • By logging into their account on our Site if they have one

 

As noted above, If your browser sends a "Do Not Track" signal, only a generic cookie will be placed on your device while the Site is accessed.

 

California Consumer Privacy Act (CCPA)

The CCPA took effect on January 1, 2020 and is intended to protect the personal information of California residents. The CCPA has certain threshold requirements which a company must meet in order to be required to comply with its provisions.  Upon information and belief, we do not meet those thresholds.  In the event of a change in our status, and if the data that you provide in the course of your use of the Site is governed by CCPA, we will abide by the relevant portions of the Act.

 

If you are a resident of the state of California, you may have the right to: request disclosure of the personal information we have collected about you and the types of third parties with whom it has been shared; request a portable copy of your information; opt out from marketing messages or the sale of your information to third parties; and request deletion of your personal information. To make these requests, please contact us at jessica@jessicameyers.com.
 

Contact Us

If you have any questions or concerns about this Privacy Policy, please contact us at:

jessica@jessicameyers.com