WEBSITE PRIVACY POLICY

 OVERVIEW. A Southern Drawl, LLC (“Company”, “We”, or “Us”) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when you visit, register with, or access the website, www.fitwithasd.com (“Website”), and our practices for collecting, using, maintaining, protecting, and disclosing that information. This Privacy Policy outlines the privacy policies with regards to the Website and the services offered on the Website.

This policy applies to information we collect:

  • On the Website.
  • In email, text, and other electronic messages between you and the Website.
  • Through mobile and desktop applications you download from the Website, which provide dedicated non-browser-based interaction between you and the Website.

This does not apply to information collected by:

  • Us offline, or through any other means, including on any other websites or applications operated by Company; or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

PLEASE READ THIS NOTICE CAREFULLY TO UNDERSTAND OUR POLICIES AND PRACTICES REGARDING YOUR INFORMATION AND HOW WE WILL TREAT IT. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, DO NOT DOWNLOAD, REGISTER WITH, OR USE THIS WEBSITE. BY DOWNLOADING, REGISTERING WITH, OR USING THIS WEBSITE, YOU AGREE TO THIS PRIVACY NOTICE. THIS NOTICE MAY CHANGE FROM TIME TO TIME. YOUR CONTINUED USE OF THIS WEBSITE AFTER WE MAKE CHANGES IS DEEMED TO BE AN ACCEPTANCE OF THOSE CHANGES, SO PLEASE CHECK THE NOTICE PERIODICALLY FOR UPDATES.

CHILDREN UNDER THE AGE OF 18. Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Website, or on or through any of its features; register on the Website; make any purchases through the Website; use any of the interactive or public comment features of the Website; or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a minor under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a minor under 18, please contact us at fitwithasdhelp@gmail.com.

INFORMATION WE COLLECT AND  HOW WE COLLECT IT.  We collect information from and about users of our Website: (a) directly from you when you provide it to us (such as progress photos through the Website and/or via email); and (b) automatically when you use the Website.

INFORMATION YOU PROVIDE TO US.  When you download, register with, or use the Website, we might ask you to provide information by which you may be personally identified, such as name, postal address, e-mail address, telephone number, photographs, or any other information the Website collects that is defined as personal or personally identifiable information under an applicable law, or information that is about you but individually does not identify you.

This information may include:

  • Information that you provide by filling in forms on the Website. This may include information provided at the time of registering to use the Website, posting material, and requesting further services. We may also ask you for information at other times, including if you report a problem with the Website.
  • Records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through the Website, the fulfillment of orders you may place through the Website, or details regarding appointment scheduling. You may also be required to provide financial information before placing an order through the Website.
  • Your search queries on the Website.
  • Biometric information, including biological characteristics, or other identifier or identifying information.
  • Any other information that you may provide to Company including, but not limited to, progress photographs submitted through the Website and/or via e-mail.

You may provide information to be published or displayed (“Posted”) on public areas of the Website, or transmitted to other users of the Website, future users of the Website, or third parties, such as photographs (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Once your User Contributions are Posted on public areas of the Website, Company may share the User Contribution with other users of the Website and may use any User Contribution for its Company’s business purposes, including for advertising and/or promoting the Website on affiliated social media accounts and/or any other similar means of electronic media.  You agree that any photographs posted on the Website and/or shared with the Website via e-mail or social media messaging may be used by the Company in any and all advertising and/or promotional materials on the Website, any affiliated social media accounts, and all similar means of electronic media which can be used for advertising purposes.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Use.

AUTOMATIC INFORMATION COLLECTION AND TRACKING. When you download, access, and use the Website, it may use technology to automatically collect:

  • Usage Details. When you access and use the Website, we may automatically collect certain details of your access to and use of the Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Website.
  • Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
  • Stored Information and Files. The Website may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio, and video clips, personal contacts, and address book information.
  • Location Information. The Website may from time to time collect real-time information about the location of your device. Your location information may be used to help us offer more relevant information to you.

If you do not want us to collect this information, do not register with, or access, the Website. If you do not wish for the Website to collect location information, you may also adjust the settings on your device to prevent the transmission of location information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

INFORMATION COLLECTION AND TRACKING TECHNOLOGIES.  The technologies we use for automatic information collection may include:

  • Cookies (or mobile cookies). A cookie is a small file placed on your computer or mobile device. It may be possible to refuse to accept cookies or mobile cookies by activating the appropriate setting on your computer or mobile device. However, if you select this setting, you may be unable to access certain parts of our Website.
    • If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser. When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
  • Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Company, for example, to count users who have visited those pages or opened an e-mail, and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).

THIRD-PARTY INFORMATION COLLECTION.  When you use the Website or its content, certain third parties may use or collect information about you. These third parties may include advertisers, ad networks, ad servers, analytics companies, your mobile device manufacturer, or your mobile service provider. These third parties may use tracking technologies to collect information about you when you use the Website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, applications, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

HOW WE USE YOUR INFORMATION. We use information that we collect about you or that you provide to us, including any personal information, to:

  • Provide you and other users with the Website and its contents, and any other information, products, or services that you request from us.
  • Fulfill any other purpose for which you provide it.
  • Give you notices about your account.
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • Notify you about changes to our Website  or any products or services we offer or provide though it.
  • Notify you of offers for products or services that may be of interest to you.
  • Allow you to participate in interactive features on our Website.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.
  • For purposes of advertising and/or promoting the Website on affiliated social media accounts and any other similar means of electronic media.

The information we collect automatically is statistical data and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.

DISCLOSURE OF YOUR INFORMATION. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. In addition, we may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred.
  • To third parties to market their products or services to you if you have consented to or not opted out of these disclosures.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • For purposes of advertising and/or promoting the Website on affiliated social media accounts and any other similar means of electronic media.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce our rights arising from any contracts entered into between you and us, including the Terms of Use.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others.

YOUR CHOICE ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION.  We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email stating your request to fitwithasdhelp@gmail.com.  Should you fail to opt-out, the Company, by and through, the Website, affiliated social media accounts, and other similar means of communication reserve the right to use your information, including progress photographs, for advertising purposes.
  • Promotional Offers from the Company.  If you do not wish to have your contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to fitwithasdhelp@gmail.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
  • Targeted Advertising.  If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an email stating your request to fitwithasdhelp@gmail.com.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

CALIFORNIA PRIVACY RIGHTS. California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

DATA SECURITY.  We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards.  The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

CHANGES TO OUR PRIVACY POLICY. We may update our Privacy Policy from time to time. You are responsible for periodically visiting this Privacy Notice to check for any changes.

CONTACT INFORMATION.  To ask questions or comment about this Privacy Policy and our privacy practices, contact us at:  Wyatt, Tarrant & Combs, LLP, Attn: Jordan White, 400 West Market Street, Suite 2000, Louisville, KY 40202; jwhite@wyattfirm.com.