Last updated: October 26, 2020
Linked Sites and Service Providers.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE COMPANY AND EACH OF THE OTHER COMPANY PARTIES (DEFINED BELOW) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO THE DATA COLLECTION, STORAGE, USE, AND SHARING OF YOUR OR ANY THIRD PARTY’S PERSONAL INFORMATION OR ANONYMOUS INFORMATION BY ANY SERVICE PROVIDER. YOU AGREE, UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS IN PERPETUITY.
CHILDREN UNDER THE AGE OF 13:
Our Properties are not intended for children under 13 years of age. No one under age 13 may provide any information to or via the Properties. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information via the Properties or on or through any of its features/register on the Properties, make any purchases through the Properties, use interactive or public comment features of the Properties (if any), or provide any Personal Information (as defined below) 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 child under 13 without verification of parental consent, we will take corrective action as required by the Children’s Online Privacy Protection Act (“COPPA”). If you are a parent or guardian and believe we might have collected children’s Personal Information in a manner not permitted by COPPA, please contact us by sending a letter to the following address: Be Well By Kelly, Inc. c/o 9744 Wilshire Blvd., Suite 400, Beverly Hills, CA 90212, or an e-mail to email@example.com with “LEGAL: COPPA” in the subject line, and we will take corrective action required by COPPA. Parents may want to consider commercially available parental control protections to limit what minors can access online and/or monitor their minor children’s online activities. Examples include: www.netnanny.com; www.webwatcher.com and www.sentrypc.com. We do not endorse these or other services and are not responsible for them.
YOUR CALIFORNIA PRIVACY RIGHTS.
California law allows California residents to ask companies with whom they have an established business relationship to provide certain information about the companies’ sharing of personal information with third parties for direct marketing purposes. We do not share any California consumer personal information with third parties for marketing purposes without consent.
California customers who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices, please send a letter to the following address: Be Well By Kelly, Inc. c/o 9744 Wilshire Blvd., Suite 400, Beverly Hills, CA 90212, and include your name, address, and e-mail address, or an email to firstname.lastname@example.org with “LEGAL: Request for California Privacy Information” in the subject line. We will provide the requested information to you at your e-mail address provided in response. We reserve our right not to respond to requests submitted other than to the email or mailing addresses specified in this section.
INFORMATION WE COLLECT
All of the information we collect is related to providing the Properties and its features, and falls into three general categories: (i) information you provide to us, (ii) information collected automatically, and (iii) information we obtain from third parties. We process this information in light of our legitimate interest in improving the Properties and giving our customers the best experience, and where it is necessary for the adequate performance of the contract between us and you. Without it, we may not be able to provide you with the requested services and features of the Properties.
When you visit our Properties you may provide us and our Service Providers with two types of information: (i) Personal Information you knowingly choose to disclose that is collected on an individual basis, and (ii) information collected on an aggregated basis as you and others use our Properties. "Personal Information" is information that can be used to identify you (whether alone or in combination) such as your first and last name, email address, zip code/post code, billing address, shipping address, phone number, age, date of birth, and social media handles.
Information You Provide. You may provide Us, and our third-party service providers, with Your Personal Information through the Properties, for example:
Newsletter: When you elect to sign up for our e-mail newsletter, you will need to provide certain Personal Information such as your e-mail address.
Create Account: When you elect to create a user account, either via the Website or via our Service Provider website to access any of our educational materials, you will need to provide certain Personal Information such as your name, address, email address, phone number, and credit card information.
Purchases: When you elect to make a purchase, either via the Website or via our Service Provider’s website, you will need to provide certain Personal Information such as your name, address, email address, phone number, and credit card information.
Communications: When you communicate with us or our third-party service providers by e-mail or through the Properties, you may provide us certain Personal Information.
Survey: If you participate in any survey, you may provide certain Personal Information as part of your response.
Information We Collect Automatically. We and our Service Providers may collect certain Personal Information automatically as the result of your use of the Properties and other web analytics services. This information generally includes:
Usage Data: When you use the Properties, we and our Service Providers may track and collect usage data and information about your interactions with the Properties such as the pages that you visit and links you click on, and the date and time the Properties on your device access our servers.
An Internet Protocol (IP) address is a number that is automatically assigned to your device from which you are accessing the Property by your Internet Service Provider (ISP), and is identified and logged automatically in our server log files whenever you visit the Properties, along with the time of the visit and the activity on the Properties, browser type and operating system, device information, device event information, and the page you’ve viewed or engaged with before or after using the Properties. We and our Service Providers use IP addresses for purposes such as calculating Property usage levels, helping diagnose server problems, administering the Properties and determining your approximate geographic location.
“Cookies” are small pieces of information that a website attaches to your browser when you visit a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until deleted) to provide you with a more personal and interactive experience with the Website. When you visit a site, that site's computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies. Each site can send its own cookie to your browser if your browser's preferences allow it. We do not store Personal Information in any Cookies on your computer. Persistent Cookies can be removed by following your Internet browser’s directions within the help tab. However, in order to use certain aspects of the Properties, your web browser must accept Cookies, and therefore some aspects of the Properties may not work properly if you choose to disable Cookies.
Geographic Location Information: If you use any location-enabled products or services, you may be sending us location information (e.g. IP address). When you use a location-enabled service, we may collect and process information about your precise geographical location, such as GPS signals sent by a mobile device. We and our Service Providers and partners may use your device's physical location to provide you with personalized location-based services, content and advertisements. In some instances, you may be permitted to allow or deny such uses of your device's location, but if you choose to deny such uses, we may not be able to provide you with the applicable personalized services and content.
Device Information: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, device type (Windows or Macintosh), screen resolution, operating system version, Internet browser type and version and the type and version of the Property that you are using. We and our Service Providers may also collect a unique device identifier assigned by us or our Service Providers to the device from which you are accessing the Property and other transactional information for the device that we and our Service Providers may use to serve content and advertisements to the device.
Software Development Kits (“SDK(s)”): We may use third parties including our business partners and Service Providers who use mobile SDKs to collect information and information related to how mobile devices interact with the Properties. An SDK is computer code that app developers can include in their apps to enable ads to be shown, data to be collected and related services and functionality to be implemented. A mobile SDK is in effect the mobile app version of a pixel tag or beacon. We may use this technology, for instance, to analyze how you interact with content and advertisements and to enable analytics or other features through mobile devices.
Aggregated Information: We may aggregate Personal Information so that the end-product does not personally identify you or any other user of the Property, for example, by using Personal Information to calculate the percentage of our users who like a particular product.
HOW WE USE YOUR INFORMATION
To respond to your inquiries and fulfill your requests (e.g., send newsletters or provide you with information about our Site).
To send you administrative information, including information regarding the Properties and changes to our terms, conditions and policies.
To complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service.
To send to you marketing communications that we believe may be of interest to you (including, without limitation, by our Service Providers that send direct mail, email, and other types of advertising to those whose email addresses we have collected).
To personalize your experience with the Properties by presenting content, products, and offers tailored to you.
To provide, improve, test, monitor, and develop the Properties, including, without limitation, to provide you access to the Properties, identify usage trends, and determine the effectiveness of promotional campaigns.
To develop and test new products, services, and features as well as diagnose and fix technology problems in connection with current products, services, and features.
For our business purposes, such as data analysis, audits, developing new products, enhancing the Properties, improving our services, identifying usage trends and determining the effectiveness of promotional campaigns.
We may combine Personal Information that you submit on or through the Property with information that we collect from and about you from other online and offline sources, including from our own websites and web properties (including apps, widgets and players) and third party sources, which may include social media services you interact with through our Properties.
HOW YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO THIRD PARTIES
Your Personal Information may be disclosed:
Service Providers: We use a variety of Service Providers to provide services to us or to our users on our behalf, such as hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery, credit card processing, auditing and other similar services to enable them to provide such services. These Service Providers have access to your information solely to perform these tasks on our behalf in accordance with our instructions and to the extent necessary to provide their services to us.
Aggregated Data or Anonymous Information: We may also share Anonymous Information in the form of aggregated information (information about our users that we render in such a way that it no longer identifies or references an individual user) and other pseudononimized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
Retention Period. Your Personal Information may be stored as long as it is required for the purposes identified when you provided the information for such specific purposes or for any new purposes identified by us and consented to by you, and for any appropriate time thereafter including a sufficient time following to permit you to ask any questions regarding its use, after which point it will be archived only for so long as reasonably necessary for the purposes set out above, in accordance with applicable laws.
Sensitive Information. Do not send us or disclose any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Properties or otherwise to us.
CHOICE AND ACCESS
Data Security. We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Notwithstanding, the safety and security of your information also depends on you. Where we or any of our Service Providers have given you (or where you have chosen) a password for access to certain parts of our Properties, 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 Personal Information in public areas of the Properties like message boards and comments sections. The information you share in public areas may be viewed by any user of the Properties.
We restrict access of Personal Information to authorized personnel of Company, employees, contractors, vendors and Service Providers, and agents who need to know that information in order to operate, innovate, and deliver our Properties and any purchases made thereon. Personal Information will only be disclosed to those vendors and Service Providers of Company for the purpose of administering our Properties and completing transactions taking place thereon in accordance with the uses as outlined herein.
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 Properties. We cannot guarantee that unauthorized third parties will not gain access to your Personal Information; therefore, any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures in connection with the Properties.
Your choices regarding our use and disclosure of your Personal Information. In some jurisdictions, including the EEA, you may exercise certain rights to access, request copies of, change or correct, request our deletion or transfer, object to or reject certain processing of your Personal Information. You may, of course, decline to share certain Personal Information with us. In such circumstances we may not be able to provide to you some of the features and functionality found on the Properties.
Opting Out. We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:
Our newsletters by following the link and procedure set forth in the email newsletters by and through our Service Provider, Mailchimp.
Our online courses and any associated communications by following the procedure outlined by our Service Provider, Kajabi.
Please note that, if you opt-out as described above, we may not be able to remove your Personal Information from the databases of unaffiliated third parties with which we have already shared your Personal Information as of the date that we process your opt-out request. Please also note that, if you do opt-out from receiving marketing-related messages from us, we may still send administrative messages to you, such as related to pending orders, returns, or refunds.
Opt Out of Google Analytics. To opt out of Google Analytics, you may install the Google Analytics Opt-Out Browser found at https://tools.google.com/dlpage/gaoptout. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page found at https://adssettings.google.com/authenticated.
Adobe Flash LSOs. If your device stores Flash LSOs, and if you do not want Flash LSOs stored on your device through which you access the Property, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained using the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following the instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as "information" on the Macromedia site), how to prevent Flash LSOs from being placed on your device without you being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Property or our content. We expect our Service Providers and technology suppliers to honor any decision by you to restrict or limit Flash LSOs, but we cannot guarantee that they will do so.
Mobile Device Settings. On your mobile device, enable the “Limit Ad Tracking” setting in your iOS phone’s settings, or the setting to “Opt out of Ads Personalization” in your Android phone’s settings. To opt-out of location tracking when using our Properties, you can use the settings of your device. You can disable mobile analytics and bug reporting through these same settings as well.
For more information about analytics and advertising cookies and how you can opt out, you can visit the Network Advertising Initiative’s opt-out page found at http://optout.networkadvertising.org/?c=1 , the Digital Advertising Alliance’s opt-out page found at http://optout.aboutads.info/?c=2&lang=EN, or EDAA’s Your Online Choices page found at http://www.youronlinechoices.com/.
Privacy Notice for California Residents.
Information We Collect and Disclose
The chart below provides additional information about the categories of Personal Information we collect, the reason we collect it, and the categories of third parties with whom we may share the information. Note that we do not necessarily collect all types of information that fall within a certain category.
|Category of Personal Information||Reason for Collecting and/or Sharing||Categories of Third Parties||Collected or Disclosed in past 12 months|
|Common identifiers This includes a name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, and other similar identifiers.||Provision of services; marketing; sweepstakes and contests; order fulfillment; information security; website management.||Information technology and security providers; Order fulfillment and distribution partners; marketing service providers.||Collected and disclosed|
|Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). This includes, among other things, a name, signature, address, telephone number, passport number, and driver’s license or state identification card number. Note that this category of information overlaps to some extent with the “Common Identifiers” category.||Provision of services; marketing; sweepstakes and contests; order fulfillment; information security; website management.||Information technology and security providers; Order fulfillment and distribution partners; marketing service providers.||Collected and disclosed|
|Protected classification characteristics under California or federal law. This includes: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||Not collected||Not applicable||Not applicable|
|Commercial information. This includes: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||Provision of services; marketing; order fulfillment; information security; website management.||Information technology and security providers; Order fulfillment and distribution partners; marketing service providers.||Collected and disclosed|
|Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||Not collected||Not applicable||Not applicable|
|Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||Website management and marketing||Web-hosting and marketing service providers||Collected and disclosed|
|Geolocation data. Physical location or movements.||Not collected||Not applicable||Not applicable|
|Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information.||Not collected||Not applicable||Not applicable|
|Professional or employment-related information. Current or past job history or performance evaluations.||To evaluate, recruit, and hire personnel||Not shared||Collected; not disclosed to third parties|
|Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||Not collected||Not applicable||Not applicable|
|Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||Website management and marketing||Web-hosting and marketing service providers||Collected and disclosed|
We use your Personal Information in accordance with the Section “How We Use Your Information” above. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
In the preceding twelve (12) months, we have not sold Personal Information.
Your Rights and Choices: The CCPA provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.
The Right to Know
You have the right to request any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:
The specific pieces of information we have collected about you;
The categories of Personal Information we have collected about you;
The categories of sources of the Personal Information;
The categories of Personal Information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
The categories of Personal Information we have sold and the categories of third parties to whom the information was sold; and
The business or commercial purposes for collecting or selling the Personal Information
The Right to Request Deletion
You have the right to request the deletion of Personal Information we have collected from you, subject to certain exceptions.
The Right to Opt Out of Personal Information Sales
You have the right to request the deletion of Personal Information we have collected about you to third parties now or in the future.
The Right to Non-Discrimination
You have the right not to receive discriminatory treatment for exercising these rights. However, please note that if the exercise of these rights limits our ability to process Personal Information, we may no longer be able to provide you our products and services or engage with you in the same manner.
“Shine the Light”
California’s “Shine the Light” law (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.
California residents who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices, may do so at the following:
By Mail: Be Well By Kelly, Inc. c/o 9744 Wilshire Blvd., Suite 400, Beverly Hills, CA 90212. Please include your name, address, and e-mail address.
By Email: email@example.com . Please include “LEGAL: Request for California Privacy Information” in the subject line.
We will only act on your request if it is “verifiable.” To verify your identity, we will collect basic personal information about you to match with our records. Next, you will receive a written confirmation that your request was received, as well as information about additional steps that may be required to confirm your identity and verify appropriate contact information.
You may make a request to disclose or delete using an “authorized agent.” Please include with your request a signed document stating that the agent is authorized to act on your behalf. We will then respond by providing information as to (i) how you can verify your identity, and (ii) confirm that the agent is authorized to act on your behalf.
If you have only provided Personal Information as a result of browsing our Website (i.e., you did not complete any forms or send us any emails or other communications) we will be unable to provide information about the specific Personal Information we hold about you. Please refer to the table above for information about our general data handling practices.
Please note that you may make data requests no more than twice in a 12-month period.
We will try to respond to verifiable requests within 45 days. If we require more time, we will inform you of the reason and extension period in a written response. Any disclosures we provide will only cover the 12-month period preceding the receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
General Data Protection Regulation. If you are a data subject in the European Economic Area (“EEA”), you have the right to access, rectify, or erase any personal data Company has collected about you. You also have the right to data portability and the right to restrict or object to Company’s processing of personal data it has collected about you. You may withdraw your consent at any time for any data processing Company does based on consent you have provided to it. To exercise any of these rights, contact YLG as set forth in the section “Contact Us” below and specify which right you intend to exercise. Please include your name, address, and e-mail address, with “Legal” in the subject line in your request. We will try to comply with your request as soon as reasonably practicable. Company will respond to your request within 30 days. Company may require additional information from you to allow Company to confirm your identity. Please note that Company may store information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of Company’s legitimate interests, including to comply with its legal obligations, resolve disputes, prevent fraud, and enforce its agreements. Personal Information collected within the European Union and Switzerland may be transferred and processed by third parties located in a country outside of the European Union and Switzerland. In such instances, Company will ensure that the transfer of your personal data is carried out in accordance with applicable privacy laws. If you have any issues with Company’s compliance, you have the right to lodge a complaint with an EEA supervisory authority.
Please note that email communications are not always secure, so please do not include sensitive information in your email messages to us.