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PRIVACY POLICY

ELISEMUSELES.COM PRIVACY POLICY

ELISEMUSELES.COM (our “website”) and KALE & CHOCOLATE, LLC (“ELISE MUSELES””KALE AND CHOCOLATE“ “we”, “us”, or “our”) is committed to maintaining robust privacy protections for its users. Our Privacy Policy (“Privacy Policy”) is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using our Service.

For purposes of this Agreement, “Site” refers to the Company’s website, which can be accessed at www.elisemuseles.com

“Service” refers to the Company’s services accessed via the Site, in which users can join a private community to share their personal wellbeing tips, ask for advice, and search the tips of others. The terms “we,” “us,” and “our” refer to the Company.

“You” refers to you, as a user of our Site or our Service.

By accessing our Site or our Service, you accept our Privacy Policy and Terms of Use (found here) and you consent to our collection, storage, use and disclosure of your Personal Information as described in this Privacy Policy.

I. INFORMATION WE COLLECT

We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, platform types, preferences you submit and preferences that are generated based on the data you submit and number of clicks. Personal Information includes your name and email, which you submit to us through the registration process at the Site.

  1. Information collected via Technology
  2. To activate the Service you do not need to submit any Personal Information other than your email address and name or username. To use the Service thereafter, you do not need to submit further Personal Information unless you choose to when filling out your profile. However, in an effort to improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. For example, the Company may use cookies to collect information to further customize your experience.
  3. The Company may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.
  4. We may also collect certain other types of information that, along with “Non-Personal Information” and “Personal Information”, may be considered and specifically named “personal data” in certain jurisdictions, including the European Union (“EU”). Persons located in the European Economic Area (“EEA”) should review the General Data Protection Regulation (“GDPR”) here
  5. Information you provide us with by registering for an account
  6. In addition to the information provided automatically by your browser when you visit the Site, to become a contributing member to the Service you will need to create a personal profile. You can create a profile by registering with the Service, entering your email address, and creating a username and a password. You will also have the option to provide more information in your profile about yourself including, but not limited to, your occupation, website and more. By registering, you are authorizing us to collect, store and use your email address in accordance with this Privacy Policy.
  7. Information you Upload and Share
  8. As a member we will ask you to upload and share details about your wellbeing experience. Doing so is optional. By uploading and publishing wellbeing tips (tips & triumphs), questions, comments or reactions, you are authorizing us to collect, store and use this data in accordance with this privacy policy. You will always have control over what data is shared and visible to others.
  9. Children’s Privacy

 

The Site and the Service are not directed to anyone under the age of 13. The Site does not knowingly collect or solicit information from anyone under the age of 13 or allow anyone under the age of 13 to sign up for the Service. In the event that we learn that we have gathered personal information from anyone under the age of 13 without the consent of a parent or guardian, we will delete that information as soon as possible. If you believe we have collected such information, please contact us at info@elisemuseles.com.

II. HOW WE USE AND SHARE INFORMATION

  1. Personal Information:
  2. Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent or otherwise share for marketing purposes your Personal Information with third parties without your consent. We do share Personal Information with vendors who are performing services for the Company, such as the servers for our email communications who are provided access to user’s email address for purposes of sending emails from us. Those vendors use your Personal Information only at our direction and in accordance with our Privacy Policy.
  3. In general, the Personal Information you provide to us is used to help us communicate with you. For example, we use Personal Information to contact users in response to questions, solicit feedback from users, provide technical support, share new content that might be of interest to you and inform users about promotional offers. Note: you have the option to opt-out of email notifications and promotional newsletters. You can adjust your email notification settings in Preferences and unsubscribe from our newsletter by clicking the ‘unsubscribe’ link that appears at the bottom of each email.
  4. We may share Personal Information with outside parties if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce applicable Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property, or safety of our users or the public as required or permitted by law.
  5. Non-Personal Information
  6. In general, we use Non-Personal Information to help us improve the Service and customize the user experience. We also aggregate Non-Personal Information in order to track trends and analyze use patterns on the Site. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Information and we reserve the right to use and disclose such Non-Personal Information to our partners, advertisers and other third parties at our discretion.
  7. In the event we undergo a business transaction such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of our assets may continue to process your Personal Information as set forth in this Privacy Policy. If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.

III. HOW WE PROTECT INFORMATION

We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.

IV. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION

You have the right at any time to prevent us from contacting you for marketing purposes. When we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional email. You can also indicate that you do not wish to receive marketing communications from us by emailing us directly at info@elisemuseles.com. Please note that notwithstanding the promotional preferences you indicate by either unsubscribing or opting out via email of the Site, we may continue to send you administrative emails including, for example, periodic updates to our Privacy Policy.

You also have the right to opt-out of email notifications. You will find the option to customize or opt-out of email notifications in ‘Preferences’.

V. LINKS TO OTHER WEBSITES

As part of the Service, we may provide links to other websites or applications. However, we are not responsible for the privacy practices employed by those websites or the information or content they contain. This Privacy Policy applies solely to information collected by us through the Site and the Service. Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link on our Site or via our Service. To the extent that you access or use the Service through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application. We encourage our users to read the privacy statements of other websites before proceeding to use them.

VI. CHANGES TO OUR PRIVACY POLICY

The Company reserves the right to change this policy and our Terms of Service at any time. We will notify you of significant changes to our Privacy Policy by sending a notice to the email of record.

GDPR PRIVACY NOTICE

This GDPR privacy notice (this “GDPR Notice”) is included in our Privacy Policy and applies to the ‘personal data,’ as defined in the GDPR, of persons located in the European Economic Area (“EEA Individuals,” “you,” or “your”) processed by Elise Museles. Any capitalized terms or other terms not defined herein shall have the meaning ascribed to them in the Elise Museles Privacy Policy or, if not defined herein or in the Privacy Policy, the GDPR. To the extent of any conflict between this GDPR Notice and any other provision of the Privacy Policy, this GDPR Notice shall control only with respect to EEA Individuals and their personal data.

Controller Disclosure & Details:  We are a data controller of personal data regarding the following categories of EEA Individuals: Visitors, Registered Users, and vendors (collectively, “You”) for the purposes and under the legal bases described below. Please note that, in some cases, the categories of data subjects above may overlap (e.g., Visitors and Users using the Websites).

General (applies to all data subjects below)

Information Security: Our web servers will log your IP address and other information (e.g., browser information, operating system, request date/time, user agent string, referral and exiting URL) in order to maintain an audit log of activities performed. We use this information pursuant to our legitimate interests in tracking usage of the Websites, combating DDOS or other attacks, and removing or defending against malicious visitors on the Websites.

Direct Marketing: Generally-speaking, we will provide email marketing (e.g., our newsletter) pursuant to your consent. In cases where you buy, or enter into negotiation for the sale of, a product or service, email marketing shall be sent to such you pursuant to our legitimate interest in sending marketing communications to you in the context of a sale.

Rewards and Promotions: Our legitimate interest in administering our rewards and promotional offerings, such as with our third-party promotional and marketing partners.

Testimonials or Feedback: Our legitimate interest in using testimonials or feedback from Contacts for marketing purposes, such as posting on the Websites or within sales decks, pitches, or other promotional content (e.g., email marketing).

Executing Contracts and other Legal Documentation: We will process all personal data as necessary for the performance of contracts to which you are a party (such as our Terms of Use or Privacy Policy) or to take requested steps to enter into such contracts, such as in order to deliver our products and services.

General Business Development: Our legitimate interest in furthering business relationships (such as by storing Business Contact information within a CRM or other database/file), ensuring customer satisfaction, and answering inquiries.

Audience Measurement and Retargeting: Pursuant to your consent, we use an assortment of marketing and analytics cookies for purposes of audience measurement, retargeting, and creating relevant Visitor experiences (such as based on their interaction with our Websites).

Categories of Recipients: Elise Museles personnel will process the categories of EEA Individuals’ (as listed above) information appropriately for sales, marketing, finance, and related purposes. Such EEA Individuals’ information (or a particular category of EEA Individual, as listed above) is also disclosed to various categories of recipients to effectuate the purposes described above, including companies providing technical assistance, order fulfillment, customer service, marketing assistance, payment processing, survey collection, promotional and marketing assistance, and business operations.

Retention: Elise Museles retains your personal data as necessary to fulfill the purposes set forth within this Notice and to the extent you have (or demonstrate interest in) a relationship with Elise Museles, unless you request deletion of such data or such data is no longer relevant. In some cases, we may have to retain data to comply with our legal obligations (e.g., accounting, finance, tax).

Your GDPR Rights: As a EEA Individual, you have a right to: (i) request access to, correction and/or erasure of your personal data; (ii) object to processing of your personal data; (iii) restrict processing of your personal data; and (iv) request a copy of your personal data, or have a copy thereof sent to another controller, in a structured, commonly used and machine readable format under the right of data portability. You may exercise these rights and submit a GDPR complaint by contacting: info@elisemuseles.com.

You also have the right to lodge a complaint about the processing of your personal data with an appropriate data protection authority as applicable. Contact details for the EU data protection authorities can be found at: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Objecting to Legitimate Interest/Direct Marketing: You may object to personal data processed pursuant to our legitimate interest. In such case, we will no longer process your personal data unless we can demonstrate appropriate, overriding legitimate grounds for the processing or if needed for the establishment, exercise, or defense of legal claims. You may also object at any time to processing of your personal data for direct marketing purposes by clicking “Unsubscribe” within an automated marketing email or by submitting your request to info@elisemuseles.com. In such case, your personal data will no longer be used for that purpose.

Transfer of Personal Data outside the EEA: We rely on appropriate Standard Contractual Clauses(Hyperlink: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en) to ensure adequate protection for your personal data.

Disclosure to Public Authorities: Elise Museles may be required to disclose personal data in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal data to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.

Corporate Restructuring: In the event of a merger, reorganization, dissolution or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal data, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal data as set forth in this GDPR Notice. This GDPR Notice shall be binding upon Elise Museles and its legal successors in interest.

Updates to this GDPR Notice: If, in the future, we intend to process your personal data for a purpose other than that which it was collected, we will provide you with information on that purpose and any other relevant information at a reasonable time prior to such processing. After such time, the relevant information relating to such processing activity will be revised or added appropriately within this GDPR Notice, and the “Effective Date” at the top of this page will be updated accordingly.

How to Contact Us: Please reach out to info@elisemuseles.com for any questions, complaints, or requests regarding this GDPR Notice.

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