Privacy Policy
BY VIEWING AND ACCESSING THIS WWW.LEANDREAM.COM WEB SITE (the “Site”) AND/OR PURCHASING ANY OF THE PRODUCTS OR SERVICES AVAILABLE VIA THE SITE, YOU (“You” or “Your”) REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS ENTIRE PRIVACY POLICY AND YOU AGREE TO ALL THE TERMS OF THIS PRIVACY POLICY. IF YOU DO NOT CONSENT TO THIS PRIVACY POLICY IN ITS ENTIRETY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO IMMEDIATELY CEASE USE OF THIS SITE.
The terms and conditions governing Your use of this Site are contained in a separate Terms of Use agreement available at http://www.leandream.com/termsofuse (“Terms of Use”).
LeanDream, Inc. (“LeanDream”, “Us”, “We” or “Our”) respects the privacy of the visitors to the Site. This LeanDream Privacy Policy between You and Us (the “Privacy Policy”) is intended to inform You of Our policies and practices regarding the collection, use and disclosure of any Personal Information and Anonymous Information You submit to Us through the Site.
“Personal Information” is information about You that is personally identifiable to You, such as Your name, address, e-mail address, or phone number, personal information related to Your fitness plan such as height and weight, gym membership information, fitness goals, medical history, payment and billing information, as well as other non-public information that is associated with the foregoing. “Anonymous Information” means information that is not associated with or linked to Your Personal Information; Anonymous Information does not permit the identification of individual persons.
User Consent
By submitting Personal Information through the Site, You agree to the terms of this Privacy Policy and You expressly consent to the processing of Your Personal Information according to this Privacy Policy. Your Personal Information may be processed by Us in the country where it was collected as well as other countries (including the United States) where laws regarding processing of Personal Information may be less stringent than the laws in Your country.
Collection of Personal Information
The Personal Information We gather from You helps Us learn about visitors to the Site, Our customers and potential customers. We use this information to better tailor the features, performance and support of Our products and services, to offer You additional information and opportunities, and to inform You of changes to this Privacy Policy and the Terms of Use of the Site.
Product Purchases
If You purchase a LeanDream product or service via this Site, We will collect Your Personal Information needed to conduct the sales transaction, and use the information to process Your payment and to enable Your download or send You the product You purchased.
Payment Information
If You are submitting payment information via this Site, We will collect Your payment information for the purpose of allowing you to pay for products or services You purchase via the Site. To make any payments via the Site You will be required to give us (or our third party payment services providers) a valid credit card number and associated payment information at the time You are required to make such payments, including all of the following: (i) Your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of Your credit card, and (iv) any activation numbers or codes needed to charge Your payment method provided to Us. You agree that no additional notice or consent is required before We (or our third party payment services providers) invoice Your payment method provided to Us for all amounts due and payable. By providing Us, or our third party payment services providers, with Your credit card number and associated payment information, You expressly agree that We, or our third party payment services providers, are authorized to immediately invoice Your account for all fees and charges due and payable to us as a result of Your activities on the Site that require payment. You agree to immediately notify us of any change in Your invoicing address or the payment method used for payment hereunder. We use third-party processing companies (including credit card processing companies) for billing and payment purposes. These third parties may store or retain certain of Your Personal Information necessary to process such payments. These third parties have their own privacy policies, and we encourage You to verify their contents. LeanDream’s primary third party payment service provider is PayPal. PayPal’s privacy policy can be found at https://www.paypal.com/us/cgi-bin/webscr?cmd=p/gen/ua/policy_privacy-outside. Notwithstanding the previous paragraph, LeanDream reserves the right to use any other third party payment service provider. Acceptable payment methods currently include PayPal, Visa, MasterCard, and American Express.
Personal Information You Provide to Us
We collect Personal Information that You submit to Us voluntarily through the Site.
- If You are purchasing a product via the Site, we collect the following information You provide to us: your first and last names, email address, mailing address, and billing address, if different from your mailing address.
- We may also collect other Personal information to provide You with a better, more personalized service, whether or not this information is needed to purchase a product from our website. This information includes, but is not limited to, height, weight, age, fitness goals, measurements, body composition, etc., as provided by You in our form, which is available at www.leandream.com/products
- When You contact Us by sending Us an e-mail, We will collect Your name, e-mail address and information contained in the e-mail You send us.
- When You respond to a customer satisfaction survey from Us or we collect Your name and email address.
- If You choose to receive product update information from us, we collect Your name and email address.
Personal Information Collected Via Technology
As You navigate the Site, certain information may also be collected passively, including Your Internet protocol address (“IP address”), browser type, domain names, access times, and operating system. We also use Cookies and navigational data like Uniform Resource Locators (URLs) to gather information regarding the date and time of Your visit and the information for which You searched and which You viewed. This type of information is collected to make Our products and services more useful to You. In some of Our emails to You, we will use a "click-through URL" to make your experience as easy as possible. When you click on one of these URLs, You pass through our web server before arriving at your destination website. Tracking click-throughs help Us determine Your interest in particular topics and help Us measure the effectiveness of Our customer communications.
An “IP Address” is a number that is automatically assigned to Your computer when You use the Internet. In some cases Your IP Address stays the same from browser session to browser session; but if You use a consumer internet access provider, Your IP Address probably varies from session to session. We track IP Addresses solely in conjunction with session cookies to analyze the traffic on our Site.
“Cookies” are small pieces of information that a web site sends to Your computer’s hard drive while You are viewing a web site. We may use both session Cookies (which expire once You close Your web browser) and persistent Cookies (which stay on Your computer until You delete them) to provide You with a more personal and interactive experience on the Site. Persistent Cookies can be removed by following Internet browser help file directions. If You choose to disable Cookies, some areas of the Site may not work properly.
Personal Information We Receive From Other Sources
We may receive Personal Information about You from other sources like postal mail, telephone or fax. We may add this information to the information We have already collected from You via the Site in order to improve the products and services We provide.
Use of Information
If You do not opt-out from receiving the following communications from Us, Personal Information You submit to Us is used either to respond to requests that You make, send You press releases, general informative announcements, workout-related tips and information for which You will have to expressly sign up for, and/or other general information about Us or Our products, or to aid Us in serving You better. Our customers will always have the right to opt-out of receiving product update information from us at any time. You will be given the opportunity to opt-out of receiving further communication from Us at the bottom of every email We send to You.
If you have opted-out of receiving communication from Us, We will not contact You unless You place an order for a product via the Site and we cannot process the order for any reason. At this time, we may contact You to request the additional or corrected information required to complete the processing of Your product order.
As described in more detail below, in order to perform Our services, we may disclose Your Personal Information to third party vendors. We may also use Your Personal Information to provide You with information regarding changes and upgrades to the Site, unless and until You request not to receive such communications from us.
We may create “Anonymous Information” records from Personal Information by excluding information (such as Your name) that make the information personally identifiable to You. We may use this Anonymous Information to analyze request patterns and usage patterns so that We may enhance Our products and services. We reserve the right to use and disclose Anonymous Information to third parties in Our discretion, including for internal business analysis, and to provide aggregate demographic data to Our various partners.
Personal Information collected via sale of our Products
If You purchase any of the products available via our Site, You may be subject to additional terms and conditions of sale, and/or the licenses under which you have a right to use any software embedded in such products, if any. These additional terms and conditions or licenses will govern Your rights in and to such products.
Feedback and unsolicited ideas
If You provide feedback on the Site to Us, We may use such feedback for any purpose, provided that We will not associate such feedback with Your Personal Information. We will collect any information contained in such communication and will treat the Personal Information in such communication in accordance with this Privacy Policy. We reserve the right to publicly post feedback that you provide to us regarding the Website and our business. To the extent that this feedback includes Personal Information, we will use reasonable efforts to limit the disclosure of such Personal Information (e.g. only including your first name, city and state). Any feedback you provide at this site shall be deemed to be non-confidential. LeanDream shall be free to use such information on an unrestricted basis.
We do not accept or encourage the submission of unsolicited ideas, including ideas for new fitness programs, new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to LeanDream or its employees. If, despite Our request that you not send us your ideas, you still submit them, then regardless of what your letter says, You agree that: (1) your submissions and their contents will automatically become the property of LeanDream without any compensation to you; (2) LeanDream may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for LeanDream to review the submission; and (4) there is no obligation to keep any submissions confidential.
Disclosure of Personal Information
Except as otherwise stated in this Privacy Policy, We do not generally trade, rent, or share Your Personal Information with third parties and We will not disclose billing information unless You ask Us to do so. LeanDream reserves the right to sell information to selected Third Parties, whose services or products relate to LeanDream’s services and products like, but not limited to, gyms and fitness centers.
However, We may share Your Personal Information with third parties to process payments, or to provide You with access to the Site. These third parties are required not to use Your Personal Information other than to provide the services requested by Use and are bound by confidentiality agreements with regard to their use of Your Personal Information. You expressly consent to the sharing of Your Personal Information with Our contractors and third party service providers for the sole purpose of providing Our products services to You. These Third Parties have their own Privacy Policies, and LeanDream encourages You to verify their content.
From time to time, we may have a parent company, subsidiaries, joint ventures, or other companies under common control with us (collectively, “Affiliates”). At present we do not share your Personal Information with our Affiliates, however if we do share some or all of Your Personal Information with these Affiliates, We will require Our Affiliates to honor this Privacy Policy.
If Our company or Our assets are acquired by another company, that company will possess the Personal Information collected by Us and it will assume the rights and obligations regarding Your Personal Information as described in this Privacy Policy.
Regardless of any choices You make regarding Your Personal Information (as described below), We may disclose Your Personal Information if We believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to court orders; or (b) to protect and defend the rights or property of Us or third parties.
Your Choices Regarding Your Personal Information
We offer You choices regarding the collection, use and sharing of Your Personal Information. You will have the option to opt-in to receive promotional communications from Us when you purchase products via the Site. You may indicate a preference to stop receiving further communications from Us and You will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail Your receive or by contacting Us directly (please see contact information below). Despite Your indicated e-mail preferences, We may send You notices of any updates to Our Privacy Policy. LeanDream may provide the ability to update Your Personal Information, Account and or Profile in the website.
Regarding Children
We gather information regarding age on an optional basis, but We do NOT intentionally gather Personal Information about visitors who are under the age of 13. We do not sell or ship any items ordered through this Website directly to anyone who we know to be under the age of 13, nor do we intentionally or knowingly collect any Personal Information from anyone who we know to be under the age of 13. If you are under the age of 13, you may not use this Website without the involvement and permission of your parent or guardian and do not submit any personal information to us. Our Website is not intentionally targeted to children under the age of 13 and any information we receive from individuals we believe to be minors 13 and under will be purged from our records. The sale and use of LeanDream technology is marketed to persons above 16 years of age.
Other Sites
Our provision of a link to any other website or location is for Your convenience and does not signify Our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of Our Privacy Policy do not apply to these outside websites.
Security
We use commercially reasonable efforts to protect the security of Your Personal Information by using industry-standard security technologies and procedures to help protect Your Personal Information from unauthorized access, use, or disclosure. We highly recommend that You take every precaution to protect Your Personal Information when You are on the Internet. Except as provided elsewhere in this Privacy Policy, We limit access to Personal Information in electronic databases to those persons (including employees and contractors) in our organization who have a business need for such access. Even though We have taken steps to protect Your Personal Information from being intercepted, accessed, used, or disclosed by unauthorized persons, You should know that We cannot fully eliminate security risks associated with Personal Information.
Contact Us
Should You have any questions or concerns regarding this Privacy Policy, please contact Us at info@leandream.com
Privacy Policy Updates
This Privacy Policy is subject to revision at any time in Our sole discretion. We will notify You of material changes to this Privacy Policy via the email address You provide Us, and will post on this Site any changes to this Privacy Policy. We do, however, recommend that you read this Privacy Policy each time you use our website in case you missed our notice of changes to the Privacy Policy. If You object to any such changes, You must cease using the Site immediately. Continued use of the Site following notice of any such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
l not upload, submit or otherwise transmit any content that (i) You do not own or to which You do not have the written permission of the owner to upload to the Site, (ii) in any way infringes on the rights of third parties, or (iii) is in any way pornographic, libelous, profane, abusive, harassing, obscene, racist, hateful or invades the privacy rights of another. You represent and warrant that You have sufficient rights to any and all content You submit via the Site to (i) grant the licenses granted to LeanDream in these Terms of Use, and (ii) share such content with other users via the Site as contemplated in these Terms of Use. You represent and warrant that You have the permission of those individuals or entities whose information appears in the content You submit via the Site and that You have obtained the necessary permissions to disclose such information to the general public, and to show any trademarks via the Site that may appear in Your content. You are solely responsible for retaining Your own backup copies of any content. You acknowledge and agree that upon termination of these Terms of Use between LeanDream and You (either by You or by LeanDream), that (a) Your access to any content on the Site including content submitted by You will cease immediately; and (b) LeanDream will use commercially reasonable efforts to delete or otherwise destroy the content You submitted via the Site within thirty (30) days following such termination.
Though We expect all users to adhere by Our content policies in this Agreement, You may be exposed to content via the Site that is otherwise offensive through the use of the Site. You use the Site at Your own risk. You agree that LeanDream is not liable for content that is provided by others. We take no responsibility for Your exposure to content on the Site whether it violates our content policies or not. You understand that the information and opinions in content uploaded by third parties represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect Our belief.
You understand and agree that LeanDream makes no representation about the selection of content submitted by users that is available via the Site, we make no representation that LeanDream discloses all submitted content, or that the content posted via the Site represent an exhaustive representation of what LeanDream receives via the Site. Further, LeanDream makes no representations or warranties about any and all editorial content on the Site. Opinions on the Site are not to be construed as assertions of fact.
LeanDream has no duty to pre-screen content available via the Site, but we reserve the right to refuse to post or to redact content at our discretion. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. If You believe that Your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please contact us to report possible copyright infringement including the following information to LeanDream Inc. 5924 Founders Hill Dr #303, Alexandria, VA 223104215 12th Rd S Suite 22 Arlington, VA 22204]or e-mail info@leandream.com
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that You claim has been infringed;
A description of where the material that You claim is infringing is located on the Site;
Your address, telephone number, and email address;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.
YOUR REPRESENTATIONS AND INDEMNIFICATION OBLIGATION
You represent and warrant to LeanDream that: (a) You will maintain the security of your user identification, password and other information relating to your LeanDream use; (b) You will be responsible for all charges resulting from use of your LeanDream account, including unauthorized use prior to your notifying LeanDream in writing of such use and taking steps to prevent its further occurrence by changing your password; (c) You will comply with the terms and conditions set forth herein at all times; and (d) You will comply with all applicable U.S. and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services or the Site; (e) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement; and (f) you are the authorized signatory of the credit or charge card provided to LeanDream to pay any and all fees owed by You for Your use of the Site, Services or Content.
Upon Our request, You agree to defend, indemnify, and hold harmless LeanDream, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims and expenses, including attorney’s fees that arise from your use or misuse of the Site, including without limitation any and all content You submit via the Site. LeanDream reserves the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with LeanDream in asserting any available defenses.
PRIVACY POLICY
In addition to these terms and conditions, LeanDream posts to this Site, from time to time its then-current privacy policies and policies governing acceptable use and of the Site and/or content and services available at www.leandream.com/privacypolicy.html. You agree to abide by all such policies, which LeanDream may modify in its discretion, and by all applicable laws and regulations. Changes to such policies are effective when posted to the Site.
DISCLAIMERS; LIMITATION OF LIABILITY
CONTENT, PRODUCTS, SERVICES, FEATURES AND FUNCTIONS OF THIS SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, AND LEANDREAM MAKES NO REPRESENTATIONS AS TO THE SUITABILITY OF THE SITE, ITS CONTENTS, FEATURES OR FUNCTIONS, FOR ANY PURPOSE. LEANDREAM does not warrant that THE content, FEATURES AND FUNCTIONS available on the site will meet YOUR requirements, or that ACCESS TO the SITE will be uninterrupted or error free. LEANDREAM DOES NOT WARRANT THAT ITS HARDWARE OR SOFTWARE OR ANY PORTION THEREOF WILL BE FULLY PROTECTED AGAINST MALFUNCTIONS OR SECURITY BREACHES. YOU SHOULD IN NO WAY RELY ON THE ACCURACY OR TIMELINESS OF ANY CONTENT AVAILABLE VIA THE SITE; THE CONTENT AVAILABLE VIA THE SITE IS NOT CONSIDERED MEDICAL ADVICE OR OTHER ADVICE AND IS USED SOLELY AT YOUR OWN RISK. YOU SHOULD NOT MAKE ANY DECISIONS BASED ON OR IN RELIANCE UPON ANY CONTENT ACCESSED VIA THIS SITE, AND LEANDREAM DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR SUCH ACTIVITIES UNDER ANY CIRCUMSTANCES.
EXCEPT AS MAY BE OTHERWISE AGREED IN WRITING BETWEEN YOU AND LEANDREAM, LEANDREAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AVAILABILITY, ACCURACY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. EXCEPT AS MAY BE OTHERWISE AGREED IN WRITING BETWEEN YOU AND LEANDREAM, IN NO EVENT WILL LEANDREAM BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE LEANDREAM SERVICES OR SOFTWARE, OR FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR OTHER LOSSES, EVEN IF LEANDREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT THE ABOVE LIMITATION IS NOT ENFORCEABLE IN WHOLE OR IN PART FOR ANY REASON, LEANDREAM SHALL IN NO EVENT BE LIABLE ON ANY GROUND FOR MORE THAN TEN DOLLARS ($10.00 USD).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
MISCELLANEOUS
This license constitutes the entire agreement between LeanDream and You with respect to Your rights to access and use the Site. This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia. Any dispute arising out of this Agreement shall be adjudicated exclusively in the state or federal courts of the Commonwealth of Virginia, and You consent to personal jurisdiction and venue therein. You agree that no joint venture, partnership, employment, or agency relationship exists between You and LeanDream as a result of this Agreement or Your use of or access to the Site. If any provision of this Agreement is invalid or unenforceable for any reason in any jurisdiction, such provision shall be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability. The invalidity or unenforceability of one or more of the provisions contained in this Agreement shall not have the effect of rendering any such provision invalid or unenforceable in any other case, circumstance or jurisdiction, or of rendering any other provisions of this Agreement invalid or unenforceable whatsoever. You may not assign, sublicense or otherwise transfer any of Your rights hereunder, nor delegate any of Your duties hereunder. LeanDream may freely assign, sublicense or transfer its rights or delegate its duties hereunder without notice to You. The headings in this Agreement are inserted merely for the purpose of convenience and shall not affect the meaning or interpretation of this Agreement. No waiver by LeanDream under this Agreement shall be valid or binding unless set forth in writing and duly executed by LeanDream. Any such waiver shall constitute a waiver only with respect to the specific matter described therein and shall in no way impair the rights of LeanDream in any other respect or at any other time. Any delay or forbearance by LeanDream in exercising any right hereunder shall not be deemed a waiver of that right. The Parties to this Agreement are independent contractors. Except as otherwise expressly provided herein, nothing herein creates any joint venture, partnership, agency, employment, fiduciary or other relationship between the parties, and neither party is authorized to make contracts or commitments in the name of or on behalf of the other without the other party's prior written approval.
|
