LAST UPDATED November 28, 2022
We are committed to protecting your privacy online.
Our Website is a nutrition and health/wellness site. By using the Melinda Benz LLC Website, you consent to the data practices described in this statement and agree to be bound by all of its terms, without modification.
“We,” “us,” and “our” means Melinda Benz LLC
“User,” “you,” and “your” means Website visitors, customers, and any other users of our Website.
“Service” and “Services” means (but are not limited to) informational/promotional newsletters, digital products, physical products, nutrition coaching services, nutrition education group classes, programs, webinars, membership programs, blogs, individual nutrition counseling consultations and medical nutrition therapy and the like.
A. PERSONAL INFORMATION
B. VOLUNTARY COLLECTION OF PERSONAL INFORMATION
We collect your Personal Information in the following ways, for the following reasons:
1. When you enter information into our contact form, blog, social media page, online scheduler, take a survey or quiz, login to comment on our page, or provide us with other communication details, we may collect your name, email address, phone number and the text of any message you enter. We have the right to process this data based on our legitimate interest in communicating with you and responding to your questions or concerns. We may retain such information for our communication records.
4. If you become a customer, and make a purchase from us, we will collect information necessary to complete your transaction, including your name, email address, phone number, billing address, credit card, and payment details. We have the right to process this data based on our contractual obligation to fulfill your purchase. We will not retain such information any longer than necessary. We may use third party data processors to transact your purchase, and in that case, we will not have access to your payment information.
5. All uploaded files, including images and other media, are usually publicly accessible. If you voluntarily upload images to the Website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the Website can download and extract any location data from images on the Website.
C. AUTOMATIC COLLECTION OF PERSONAL INFORMATION
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell a web server that you have returned to a specific page. For example, if you personalize pages on our Website, or register with our Website, a cookie helps the web server to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on.
The cookies we collect do not include any personal identifiable information, however, they may include an anonymous unique identifier. We may use session cookies which expire when you close your browser, and persistent cookies which remain on your computer until you delete them. You always have the option to disable cookies through your web browser’s settings. However, if you disable cookies, you may not be able to access some areas of our Website and some areas of our Website may not function as intended. Our Website does not respond to “Do Not Track” signals sent by your browser. To learn more about cookies, please visit https://www.allaboutcookies.
2. When you visit our Website, we collect information about your use of our Website, via automatic data collection technology, such as Google Analytics. You can opt-out of having your site activity available to Google Analytics by installing the Google Analytics opt-out browser add-on. If you want to opt-out of Google Analytics, more information can be found here: Google Analytics opt-out browser add-on.
In all of these instances, we will only collect Personal Information from you if you voluntarily submit the information to us. We have the lawful grounds for processing the information we collect from you, as outlined above, in compliance with the European Union’s GDPR.
3. Our Website is built on WordPress. When visitors leave comments on the Website, WordPress collects the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection. If you leave a comment on our site you may opt-in to saving your name, email address, and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
4. Other third party services:
We use MailChimp to manage our email list and contact. MailChimp’s Legal Policies can be found here: https://mailchimp.com/legal/
We use Vimeo to embed videos on our Website. Vimeo’s Privacy and Cookie Policies can be found here: https://vimeo.com/privacy and https://vimeo.com/cookie_policy
D. USE OF PERSONAL INFORMATION
You have the right to be informed about how your information is being used. We will use your information for, but not limited to, operation of the Website and communicating with you in relation to services and/or products you have requested from us.
1. When you contact us, through an online form, social media, blog, or other communication, we will use the Personal Information you voluntarily provide to us to communicate with you and respond to your contact.
2. When you request a program or product from us, whether free or paid, or “opt in” to receive communication from us, we will use the Personal Information you voluntarily provide to us to deliver such program, product, or communication, including resources, emails, newsletters, marketing or promotional materials, and notifications of updates to our business. We may also use your Personal Information for marketing purposes by uploading it to our social media platforms and using your comments and feedback in other marketing efforts.
3. From time to time, we may use your email address to contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
4. When you purchase a program or product from us, we will use the Personal Information you voluntarily provide to us, including credit card details and billing address to complete your transaction. We will not store or share this financial Personal Information. We will also use your Personal Information to communicate with you about the program or product you purchased and to keep you updated on necessary information regarding our Services.
5. When you visit our Website, we will use the (Non-Personally Identifiable) Information we collect to operate and administer our Website, diagnose technical problems, measure interest in and use of the various areas of our Website, create a better user experience and provide the highest possible level of service to our users.
6. We may keep track of the pages our users visit within our Website, in order to determine which services are the most popular. This data is used to deliver customized content and advertising within our Website to visitors, whose behavior indicates that they are interested in a particular subject area.
7. By collecting and using your Personal Information, we are acting as a Data Controller with discretion to decide what information we collect, how we use it, and store it. We may use a third party to act as a Data Processor to store and process your Personal Information. We strive to use only Data Processors who we have researched and determined are in compliance with the European Union’s GDPR.
E. SHARING OF PERSONAL INFORMATION
You have the right to be informed about how your information is being shared. We take appropriate actions to protect and maintain the confidentiality of your Personal Information.
1. We will share your Personal Information in limited circumstances for specific, limited purposes with trusted third parties, including our email management service, web hosting services, and other members of our team who assist us in operating our Website, managing our business, or providing legal or accounting services for us.
2. We will share the Personal Information that you provide to us when making a purchase with additional trusted third parties, including our payment processor and financial gateway to assist in completing the financial transaction.
3. We may share your Personal Information in the event of a sale of our company or with a joint venture or affiliate partner if necessary.
5. Your Personal Information will only be shared and processed for the specific, limited purpose as necessary. Your Personal Information will never be sold or given to any other entity without your consent, beyond what is required to complete a purchase or request. To the best of our abilities, trusted third parties with whom we share your Personal Information will keep such information confidential and will not disclose it to any other party, unless required to do so by law.
F. STORAGE OF PERSONAL INFORMATION
You have the right to be informed about how your information is being stored.
2. If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
3. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
G. PROTECTION AND SECURITY OF PERSONAL INFORMATION
1. The security of your Personal Information, including information you voluntarily provide to us and that which we collect automatically, is important to us and we use our best efforts to protect it. We strive to use industry standard commercially acceptable online security measures, including a Secure Sockets Layer (“SSL”), firewall and security monitoring, anti-spam, secure backups, and password protection on our Website and only share your information with third parties who we have researched and determined to be compliant with current safety standards. However, no transmission over the internet or methods of electronic storage is 100% secure.
2. While we strive to protect your Personal Information, we are not responsible should an unauthorized third party gain access to your information, without our consent. In the event that melindabenz.com is tampered with, your information may be inadvertently intercepted. If we become aware that a data breach has occurred, we will notify the appropriate authorities within a timely manner. You acknowledge and agree that we are not responsible for these actions and any damages that result from the unauthorized use of your Personal Information. You expressly agree to hold us harmless from any and all claims which may arise from the unauthorized use of your Personal Information.
3. Please note, when you voluntarily give out your Personal Information online through our Website or on our social media page, in a way that makes it viewable by others, whether through a comment on a blog, a posting on a message board, or by any other means, it can be viewed by the public and can potentially be collected and used by others. You acknowledge and agree that we cannot guarantee the security of the information you share in this manner. You expressly agree that you disclose such information at your own risk and you assume all responsibility for its unauthorized use.
4. Because our core activities do not consist of processing operations which require regular and systematic processing of data subjects on a large scale, nor do we process sensitive data on a large scale, we have determined that Melinda Benz LLC is not required to appoint a Data Protection Officer.
H. RETENTION OF PERSONAL INFORMATION
We only retain the minimum Personal Information necessary to fulfill the specific, limited purpose for which it was collected. We also retain and process Personal Information for reasonable business purposes, including legal compliance, financial record keeping, and dispute resolution.
I. RIGHT TO CONTROL PERSONAL INFORMATION
You have the right to control your Personal Information including the right to access, receive a copy of, update, edit, delete, erase or restrict the processing of your Personal Information.
1. You may request information on how your Personal Information is being used and processed, request access to, request a copy of, restrict our use and processing of, or request to update, edit, delete or erase your Personal Information at any time, free of charge, by emailing us at: [email protected]
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
2. You also have the right to be forgotten, and may withdraw your consent previously given to us, by “opting-out” or unsubscribing from our email list through an online automated process at your own discretion, at any time. To “opt-out” or unsubscribe from our list, you may click the UNSUBSCRIBE button visible at the bottom of every email we send to you as a subscriber through this list, or you may email us directly at: [email protected]
Once you “opt-out” or unsubscribe from our email list, we will remove you and you should not receive additional emails from us, except in the case of a technical glitch.
J. EXTERNAL WEBSITES, CONTENT, AND SOCIAL MEDIA
To access certain services on our Website, you may be prompted to set up a username and password. You acknowledge and agree that you are responsible for maintaining the security of such information and for any and all acts, losses or damages that result as a failure to keep this information secure. You agree to notify us immediately of any suspected unauthorized use of your account by emailing us at: [email protected]
L. CHILDREN’S USE OF OUR WEBSITE
Our mailing address is:
1751 HOVER ST
STE B4 #84
LONGMONT, CO 80501