Privacy Policy
The Functional Nutritionist (“us,” “we,” “our,” or “Company”) have created the following Privacy Policy for when you visit our Website: TheFunctionalNutritionist.com (collectively referred to as the “Website”). This Privacy Policy describes, among other things, the types of information collected about you when you visit the Website, how your information may be used and when it may be disclosed, how you can control the use of and disclosure of your information, how your information is protected, and how you may access and update your information.
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This Privacy Policy is governed by our Terms and Conditions of Website Use (“Terms & Conditions”), which is also available on our Website. By using our Website and the services therein, you consent to the terms of our current Privacy Policy and Terms & Conditions. If there are inconsistencies between our Privacy Policy and the Terms & Conditions, the Privacy Policy controls. We reserve the right to change the Privacy Policy at any time. For more information, please refer to the paragraph entitled “Changes to this Privacy Policy” detailed below. If you have any questions or concerns regarding this Privacy Policy, please contact us at the address and number listed below in the paragraph entitled “Questions.”
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1. Scope of the Privacy Policy
This Privacy Policy applies to all Information that you provide to us and that we maintain electronically, whether you provide the information through our Website, or through other means.
This Privacy Policy does not apply to any Information that you may provide to third parties; for example, other websites linked to our Website. If you access our Website from a third party website, you may be required to also read and accept the Terms and Conditions and privacy policy of that website. We are not responsible for the privacy practices of those websites, and you should contact such third parties directly to determine their respective privacy policies.
2. Information We Collect
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To operate our Website and provide you with access to certain products and services, we may collect the following types of information which are described in more detail below: (A) information you provide to us, (B) information we automatically collect, and (C) information we receive from third parties. All of the information listed in (A)-(C) above, are detailed below, and hereinafter referred to as “Information.”
This Privacy Policy places no restriction on the use of Information we automatically collect from your visit, or de-identified or aggregated information that will remove references to an identified individual and/or make the data anonymous.
A. Information You Provide to Us:
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You may provide your Information to us during your direct interactions through our Website, such as when you purchase products through our ecommerce store, access various content or features, contact us directly, sign up for our newsletter, or other areas in which you otherwise interact with our Website. In using our Website, you may provide us with Information, including, without limitation:
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a. Your legal name;
b. Telephone number;
c. Email address; and
d. Billing information (credit or debit card information, expiration date, billing address)
We may also collect the email addresses of our visitors that we communicate with through questionnaires, surveys, email messages, social media, and other digital online features and platforms (including demographic and personal profile data).
B. Information We Automatically Collect:
We also collect information about you from your visit to our Website including:
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a. IP address;
b. Your geographic location;
c. Date and time of your visit;
d. Domain server;
e. Type of computer, web browsers, search engine used, operating system, or platform or web browser you use;
f. Data identifying the web pages you visited prior to and after visiting our Website; and/or
g. Your movement and activity within the Website, which is aggregated with other information.
We use few different technologies to collect this Information:
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Cookies. The Website may place small files, called “cookies” onto your computer. Cookies are data files that websites write onto computer hard drives for record keeping purposes when you visit them. The cookie file then identifies you as a unique user. Cookies make your use of these Website more pleasing and efficient by “personalising” your Website experience and gathering Website statistical data, such as which parts of the Website you have previously visited, what material you downloaded, your Internet provider’s domain name and country, and the addresses of websites you visited immediately before and after our Website. They enable us to tailor the Information you receive and to assist our Partners or other third party organisations with whom we have strategic alliances by identifying you as our customer or Website user. Most web browsers automatically accept cookies, unless you have configured yours not to accept them. You can program your browser not to accept cookies, but if you do, you may not be able to use certain portions of the Website and the Website will not be able to customise certain features according to your preferences.
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Web Beacons. Small graphic images or web programming code called web beacons (also known as “action tags,” “pixel tags” or “clear GIFs”) may be included on the pages of the Website and in email messages we send you. Web beacons or other similar technologies may be used for several purposes, such as to count visitors to the Website, monitor how you navigate the Website or to count how many particular links posted on the Website were actually viewed.
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Embedded Scripts. An embedded script is programming code designed to collect Information about your use of the Website, such as the links you click on. The code is temporarily downloaded to your computer from our web server or a third party provider, is active only while you are connected to the Website and is deactivated or deleted once you leave the Website.
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“Analytics” are tools we use, such as Google Analytics, to help provide us with information about traffic to our Website. These services use the data collected to track and monitor the use of our Website, which it shares with other services and websites who use the collected data to contextualise and personalise the ads of its own advertising network. Google services make use of Google’s Tag Manager. For more information about Google’s use of data for marketing purposes, please see the summary page: https://www.google.com/policies/technologies/ads, Google’s privacy policy is available at https://www.google.com/policies/privacy.
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You can opt-out of having your activity on the Website made available to Google Analytics by installing the Google Analytics opt-out browser add-on (https://tools.google.com/dlpage/gaoptout) for your web browser.
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Third Party Features: We have relationships with third parties who may receive Information directly from the cookies placed by our Website on your computer to assist in analysing our business and customers. These features may collect your IP address, track which page you visit on our Website as well as any subsequent websites that you visit once you leave our Website, and may set a cookie to enable the feature to function properly. These features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it. We encourage you to carefully read the privacy policy of any company that provides the features you choose to interact with.
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We, or third party companies with whom we collaborate or hire to perform services on our behalf, may use your Information to text, email, or contact or share with you with information that we believe may be useful to you, such as information about products or services provided by or through us through permissible targeted advertisements or related to our Website. You may opt-out of receiving permissible targeted advertisements by using the NAI Opt-out tool available at http://optout.networkadvertising.org/?c=1
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Some users engage a Do Not Track (DNT) setting to indicate a preference regarding tracking by advertisers and other parties. We do not respond to DNT signals.
C. Information We Receive from Third Parties
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We may collect additional Information about you from third party websites, or sources providing publicly available information, to help maintain and support your account. We reserve the right to request any additional information necessary to establish and maintain your account for use of the services and access to the restricted areas.
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3. How we use your information
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A. Use and Purpose of Processing Your Information
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We use and process your Information above for things that may include, but are not limited to, the following:
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Fulfil and manage purchases, orders, payments, returns/exchanges;
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Provide any requested services;
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To respond to your inquiries;
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To develop content for our audio, podcasts, products, and other services;
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Communicate with you regarding our products and services and blogs and podcasts, provided that you have not already opted-out of receiving such communications;
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Improve our Website and resolve any technical problems;
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Provide targeted advertisements to you;
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Analyse the use of the Website and Information about visitors to our Website to understand and improve our service offerings and, in accordance with our sharing policies, discussed below, to produce anonymous or aggregated data and statistics that might help third parties develop their own products and service offerings;
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Customise the content you see when you visit the Website, including to develop and provide advertising tailored to your interests;
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Comply with our Terms & Conditions (which is available on our Website);
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Comply with any applicable laws and regulations and respond to lawful requests; and/or
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For any other purposes disclosed to you at the time we collect your Information or pursuant to your consent.
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B. Lawful Basis For Processing Your Information
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We believe the foregoing handling of your Information furthers our legitimate interests in commercial activities that are not overridden by the interest or fundamental rights and freedoms of the individuals at issue. We also may need to use and disclose your information to comply with our legal obligations. For example, we may provide your information to government officials and agencies as required by law, and Partners as part of business operations. For purposes of this Privacy Policy, “Partner” shall mean any person or entity with whom we enter into any kind of business transaction who is under an obligation to us to use reasonable care to keep Information confidential. When required by law, and in some other cases, we process the Information on the ground of consent by the individual.
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C. How Long We Keep Your Information
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We generally keep Information for so long as it may be relevant to the purposes listed above, consistent with any applicable laws and agreements. To dispose of Information, we may anonymise it, delete it, or take other appropriate steps. Data may persist in copies made for backup and business continuity purposes for an additional time.
D. Sharing Your Information
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We may share Information, such as aggregate user statistics, with our partners and non-affiliated third parties. We may provide data, including Information about you, with our affiliates, subsidiaries and Partners. We may also share your Information as disclosed at the time you provide your Information, as set forth in the Privacy Policy and in the following circumstances:
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Third Party Service Providers. In some cases we may employ third party service providers to perform certain services on our behalf, including, without limitation: (i) processing your information to provide legal services to you or requests you have made; (ii) providing customer service; (iii) shipping, sending postal mail and e-mails; (iv) analysing, updating and correcting information we receive on the Website; (v) performing business analysis, data processing and/or quality control; (vi) providing marketing assistance, search results and links (including, without limitation, paid listings and links); (vii) processing credit card and debit card payments; (viii) hosting our databases; and (ix) providing you with information you requested. Consequently, we may share your Information with these third party service providers if they need it to perform services on our behalf. However, such third party service providers are not authorised by us to use your Information for any other purpose.
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Disclosure of Customer Information for Legal and Administrative Reasons. We may disclose your Information without notice: (i) when required by law or to comply with a court order, subpoena, search warrant or other legal process; (ii) to cooperate in investigations of fraud, intellectual property infringement or any other activity that is illegal or may expose us or you to legal liability; (iii) to comply with legal, regulatory or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your Information); (iv) to protect and defend the rights, property or safety of us, our subsidiaries and affiliates and any of their officers, directors, employees, lawyers, agents, contractors and partners, and the Website’s users; (v) to enforce or apply the Website’s Terms & Conditions; and (iv) to verify the identity of the Website’s users.
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Business Transfers. Your Information may be transferred, sold or otherwise conveyed (“Conveyed”) to a third party where we: (i) merge with or are acquired by another business entity; (ii) sell all or substantially all of our assets; (iii) are bankrupt or (iv) are liquidated or otherwise reorganised. You consent to any and all such Conveyances of your Information.
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Online Postings: We may decide to allow users to share comments, suggestions, proposals, postings, photos, testimonials, or other information. If you choose to submit such information to us, the information that you submit may be available generally to the public and will not be returned to you unless we receive such a request and you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to Company. If you choose to submit such information to us, the information that you submit may be available generally to the public and will not be returned to you unless we receive such a request. The Company shall be under no obligation to (1) maintain any comments in confidence (2) pay compensation for any comments; and (3) respond to any comments.
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Except as provided in this Privacy Policy, we will not sell, rent, or license your Information we have collected to any third party without your consent.
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4. Links to third party websites
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While on the Website or when viewing an e-mail or other content provided by us or the Website, you may encounter links to other websites operated by other parties, such as Facebook, Instagram, Snapchat, Amazon, Pinterest, or Twitter. If you access our Website from a Third Party Website, access a Third Party Website from our Website, or otherwise interact with us on a Third Party Website, we encourage you to carefully read the privacy policy and terms of use of any company that provides the features you choose to interact with. We are not responsible for the privacy and security practices of those websites and you should contact such third parties directly to determine their respective privacy policies. Links to any other party’s website or content do not constitute or imply an endorsement or recommendation by us of the linked website or content.
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5. Our right to contact you
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We may contact Website visitors who provide us information regarding account status, privacy statement, or any other policies or agreements relevant to site visitors. We may contact you by way of text, email, or telephone and you consent to us contacting you in these matters concerning our Website or related services or information for which we believe you may be interested. By using this Website you consent to us contacting you by text, email, telephone, via social media or the internet concerning or related to our services and/or the Website.
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6. Information Protection
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We use industry-standard procedures and safeguards to help protect the confidentiality of your Information. However, you should assume that no data transmitted over the Internet can be 100% secure. Therefore, although we believe the measures implemented by us reduce the likelihood of security problems to a level appropriate to the type of data involved, we do not promise or guarantee, and you should not expect, that your Information or private communications will always remain private. We do not guarantee that your information will not be misused or disclosed to third parties. We will not have any liability for misuse or disclosure of your Information.
If you believe that your information has been stolen or accessed by an unauthorized person, you are required to notify us so that necessary measures can be taken immediately.
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7. Consent to transfer
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The Website is operated in the United Kingdom. If you are located outside of the United Kingdom, please be aware that information we collect will be transferred to and processed in the United Kingdom. By using the Website, or providing us with any information, you consent to this transfer, processing and storage of your information in the United Kingdom, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen. Portions of our site may be supported by a network of computers or cloud-based servers in other jurisdictions. We do not represent that our Website is appropriate or available in any particular jurisdiction.
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8. Updating and accessing your information
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To the extent certain data protection laws apply and we hold your Information in our capacity as a data controller as defined under those laws, you may request that we:
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Restrict the way that we process and disclose your Information
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Transfer your Information to a third party
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Revoke your consent for processing of your Information
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Provide you with access to your Information
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Remove your Information if no longer necessary for the purposes collected
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Prevent the processing of your Information for direct-marketing purposes
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Update your Information so it is correct and not out of date
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Object to our processing of your Information
You have the following options for modifying or causing to be deleted Information or demographic information previously provided by you to us:
E-mail: hello@thefunctionalnutritionist.com​
The requests above will be considered and responded to in the time-period stated by applicable law. Note, certain Information may be exempt from such requests. We may require additional information from you to confirm your identity in responding to such requests. You have the right to lodge a complaint with the authorities applicable to you and your situation, although we invite you to contact us with any concern as we would be happy to try and resolve it directly.
If you ask us to delete your Information, we will do so within a reasonable period of time, but not longer than one month from the date the request is received. Note, certain Information may be exempt from such requests. We may require additional information from you to confirm your identity in responding to such requests and to satisfy our legal and security obligations. In addition, you should be aware that it is not always possible to completely remove or delete all your information from our databases without some residual data because of backups and other reasons. See also section regarding our retention of your Information.
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In accordance with our routine record keeping, we may delete certain records that contain Information you have submitted through the Website. We are under no obligation to store such Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Information.
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9. Customer Email List
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We may send you e-mails, texts, or phone calls, regarding various products and services which we believe may be of interest to you. If you do not want to receive such e-communications, we provide customers with the opportunity to opt-out of receiving communications from us. If you no longer wish to receive specific communications or services, you have the following options:
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You can click the unsubscribe link in the email and follow the instructions providing for unsubscribing to future email correspondence.
You can send an e-mail request to: hello@thefunctionalnutritionist.com
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10. Children’s Information
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The Website is intended only for users over the age of eighteen (18). If we become aware that a user is under 13 (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such information. Contact us if you believe that we have mistakenly or unintentionally collected information from a child under the age of thirteen (13).
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11. Consent
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By using the Website you consent to the collection and use of your Information as set forth in this Privacy Policy. If you withdraw consent, you agree that despite withdrawal we may continue to use your Information previously provided to us to the extent that we are legally or contractually obligated to do so and to the extent necessary to enforce any contractual obligations you may have to us. You also understand that in withdrawing consent, we may no longer be able to provide you with services previously available with consent.
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12. Changes to this privacy policy
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We reserve the right to change, modify or amend this Privacy Policy at any time to reflect changes in our products and service offerings. If we modify our Privacy Policy, we will update the “Effective Date” and such changes will be effective upon posting. It is your obligation to check our current Privacy Policy for any changes. Any revised Privacy Policy will only apply prospectively to Information collected or modified after the Effective Date of the revised policy. It is your responsibility to periodically check and review our Privacy Policy for changes.
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13. Questions
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If you have any questions about this Privacy Policy, please send us an email at hello@thefunctionalnutritionist.com.
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Effective date 01/01/2020