Privacy Policy
BYLAWS AND PRIVACY POLICY
The following terms (“Terms of Use”) constitute an agreement between The Fitnessista LLC (“Angelina Harney”) and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the websites administered by Angelina Harney (“Websites”), located at https://www.fitnessista.com.
Your use of the Websites constitutes your acceptance of, and agreement to, the following Terms of Use. Gina Harney reserves the right to modify, alter, amend or update its Websites, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Websites.
PRIVACY POLICY
WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?
Information You Voluntarily Submit to the Website: The Website may collect personal information from you such as your name or email address. For example, you may voluntarily submit information to the Website by leaving a comment, subscribing to a newsletter, or submitting a contact form.
Information We Collect from Others: The Website may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment.
Automatically-Collected Information: The Website automatically collects certain information about you and the device with which you access the Website. For example, when you use the Website, The Website will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. The Website may also collect information about actions you take when using the Website, such as links clicked.
Cookies: The Website may log information using cookies, which are small data files stored on your browser by the Website. The Website may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.
HOW YOUR INFORMATION MAY BE USED
The Website may use the information collected in the following ways:
To operate and maintain the Website;
To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings;
To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
To respond to your comments or inquiries;
To provide you with user support;
To track and measure advertising on the Website; or,
To protect, investigate, and deter against unauthorized or illegal activity.
THIRD-PARTY USE OF PERSONAL INFORMATION
The Website may share your information with third parties when you explicitly authorize us to share your information. Additionally, the Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:
Google Analytics – this service tracks Website usage and provides information such as referring websites and user actions on the Website. Google Analytics may capture your IP address, but no other personal information is captured by Google Analytics.
ConvertKit – this service is used for delivery of email updates and newsletters. ConvertKit stores your name and email address for purposes of delivering such communications.
Paypal – this service may be used for payment processing on ecommerce products. At no time is your banking information passed to the Website. We receive only information used for order fulfillment and reporting.
At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in the Website’s sole discretion.
Except when required by law, Angelina Harney will not sell, distribute, or reveal your email addresses or other personal information without your consent.
ANONYMOUS DATA
From time to time, Angelina Harney may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.
COOKIES
The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described herein.
Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable.
Advertising.
This Site is affiliated with CMI Marketing, Inc., d/b/a CafeMedia (“CafeMedia”) for the purposes of placing advertising on the Site, and CafeMedia will collect and use certain data for advertising purposes. To learn more about CafeMedia’s data usage, click here www.cafemedia.com/publisher-
RETARGETING ADS
From time to time, the Website may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone’s past visits to the Website.
SPONSORED CONTENT TRACKING PIXELS
This Website may engage in sponsored campaigns with various influencer networks, brands, and agencies. All sponsored content is duly disclosed in accordance with the FTC’s requirements. From time to time, these sponsored campaigns utilize tracking pixels (aka web beacons), which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. As stated above, these pixels may capture your IP address on behalf of the content sponsor. No personally identifiable information collected by the Website is used in conjunction with these tracking pixels.
AFFILIATE PROGRAM PARTICIPATION
The Website may engage in affiliate marketing, which is done by embedding tracking links into the Website. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.
Angelina Harney is a participant in the Rewardstyle program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and links to various online retailers. In partnership with Rewardstyle, the Website will post customized links, provided by LTK Creator, to track the referrals to their website. This program utilizes cookies to track visits for the purposes of assigning commission on these sales.
NEWSLETTERS
On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, Gina Harney may see if and when you open an email and which links within the email you click. Also, this allows Gina Harney to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.
RIGHTS RELATED TO YOUR PERSONAL INFORMATION
Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also notify us at [email protected] to be removed from our mailing list.
Access – You may access the personal information we have about you by submitting a request to [email protected]
Amend – You may contact us at [email protected] to amend or update your personal information.
Please note that we may need to retain certain information for record keeping purposes or to complete transactions, or when required by law.
SENSITIVE PERSONAL INFORMATION
At no time should you submit sensitive personal information to the Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.
CHILDREN’S INFORMATION
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at [email protected] and we will use our best efforts to promptly remove such information from our records.
AFFILIATE MARKETING
From time to time, the Websites may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Websites will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
Gina Harney is a participant in the Rewardstyle program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising for various online retailers.
FTC DISCLOSURE
From time to time, the Websites may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Gina Harney to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Websites are clearly and conspicuously disclosed.
Even though compensation (e.g., cash, free product, or services) is received for in exchange for this sponsored content placement, Gina Harney gives her honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
GENERAL DISCLAIMER
Gina Harney has made every effort to ensure that all information on the Websites have been tested for accuracy. Gina Harney makes no guarantees regarding the results that you will see from using the information provided on the Websites.
Any statements made on the Websites related to health, nutrition, weight loss, exercise, are examples of what may be possible. Gina Harney makes no guarantees regarding results, present or future. Gina Harney is not responsible for your health and wellness as a result of your use of the information provided on the Websites.
The information provided on the Websites is provided “as is” without any representations or warranties, express or implied. The Websites make no representations or warranties in relation to the health and fitness topics discussed.
The Websites disclaim liability for incidental or consequential damages and assume no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Websites. The Websites assume or undertake no liability for any loss or damage suffered as a result of the use of any information found on the Websites.
CERTIFICATIONS
Katherine Younger is a certified personal trainer, women’s fitness specialist, and Precision Nutrition Level 1 coach.
FITNESS & HEALTH CONTENT DISCLAIMER
The Websites may discuss topics related to health and fitness, and may include information on exercise and workouts. Everything provided on the Websites is for informational purposes only. Consult a physician or medical professional before beginning any fitness, health or food program.
Any form of exercise poses inherent risk of injury and by voluntarily engaging in any exercise or workout presented on the Websites, you assume the risk of any potential injury that may result. Even if the information provided on the Websites is from a certified holistic, it is for informational purposes only and the personal trainer has not consulted with you on an individual basis.
MEDICAL CONTENT DISCLAIMER
The Websites may discuss topics related to health, fitness, or nutrition. This information is not advice and should not be treated as medical advice. The medical information provided on the Websites is provided “as is” without any representations or warranties, express or implied. The Websites make no representations or warranties in relation to the medical, fitness, or nutrition information on the Websites.
You must not rely on the information on the Websites as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website.
YOUR RESPONSIBILITY
The Websites were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Websites. Gina Harney makes no representations, warranties or guarantees. You understand that results may vary from person to person. Gina Harney assumes no responsibility for errors or omissions that may appear in the Websites.
Unless otherwise stated, Gina Harney owns the intellectual property and rights to all content and material on the Websites. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
Republication of content from the Websites, unless content is specifically and expressly made available for republication;
Sale, rental or sub-license of any content from the Websites;
Reproduction or duplication of any content on the Websites for commercial purposes;
Modification of any content on the Websites, unless content is specifically and expressly made available for modification;
Redistribution of content of the Websites, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Websites is included.
From time to time, the Websites will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of Gina Harney’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Gina Harney.
You must not use the Websites in a way that causes, or may cause, damage to the Websites or impair the availability of access to the Websites. You must not decompile, reverse engineer, disassemble or otherwise reduce the Websites, except to the extent that such activity is expressly permitted by applicable law. You must not use the Websites to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Websites without Gina Harney’s express written permission.
You must not use the Websites to transmit or send any unsolicited commercial communications.
You must not use the Websites for any third-party marketing without Katherine Younger’s express written permission.
COPYRIGHT
Unless otherwise noted, the design, content and all components of the Websites are copyrights owned by Gina Harney or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
From time to time, the Websites will legally utilize trademarks owned by third parties related to The Fitnessista LLC’s services. These trademarks are the respective property of their owners.
GRANT OF RIGHTS
You grant Gina Harney a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Websites. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Gina Harney the right to sub-license these rights and the right to bring an action for infringement of these rights.
THIRD PARTIES
The Websites contain links to third-party websites that are not governed or controlled by Gina Harney. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Websites. Gina Harney assumes no control or liability over the content of any third-party sites. You expressly hold harmless The Fitnessista LLC from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Websites, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Websites, you expressly hold The Fitnessista LLC harmless from any and all liability in any dispute.
NO WARRANTIES
The Websites are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. The Fitnessista LLC makes no representations or warranties in relation to the Websites or the information and materials provided therein.
Gina Harney makes no warranty the Websites will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Websites. Gina Harney is not responsible to you for the loss of any content or material uploaded or transmitted through the Websites. The Websites is written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
The Fitnessista LLC will not be liable for any consequential, incidental, indirect, exemplary, punitive or special damages of any kind, however caused, including loss of profits, revenue, data or use, incurred by you, whether under theory of contract, tort (including negligence), warranty or otherwise, even if the other party has been advised of the possibility of such damages.
INDEMNITY
You agree to defend, indemnify and hold The Fitnessista LLC its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Gina Harney suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the State of Arizona. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
MISCELLANEOUS PROVISIONS
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use may not be assigned by you without Gina Harney’s prior written consent, however, the Terms of Use may be assigned by The Fitnessista LLC in its sole discretion.
The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Websites offered by Gina Harney
All notices with respect to the Terms of Use must be in writing and may be via email to [email protected] for Gina Harney and to your email address.
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