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Terms of Service
Privacy Policy
Disclaimer

Terms of Service
Overview

This website is operated by ideal•fit. Throughout the site, the terms “we”, “us” and “our” refer to ideal•fit. ideal•fit offers this website, including all services, tools, technology, products, features, and mobile apps (together, the “Services”) available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using the Services you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS FURTHER SET FORTH HEREIN. SECTION 18 BELOW HAS MORE INFORMATION AND HOW YOU CAN OPT OUT OF ARBITRATION.

Section 1 – Acceptable Use of the Services

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use the Services.

By using or accessing the Services, you represent and warrant that you will not:

•          use our products for any illegal, unlawful, or unauthorized purpose, or to solicit others to perform or participate in any unlawful acts

•          upload or transmit viruses, worms, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet

•          attempt to or actually disable, overburden, damage, impair, or override the Services or interfere with other party’s use of the Services, including any security components

•          use the Services for any commercial purpose

•          misrepresent your identity or affiliation in any way (including, without limitation, by using email addresses or usernames associated any other natural person that is not you)

•          “stalk” or otherwise harass another user

•          upload, post, email, share, or otherwise transmit any material to either ideal•fit or a third-party platform (including social media) that may be harass, disparage, or otherwise limit another user’s use or enjoyment of the Services

In addition, you are prohibited from using the site or its content:

•          to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances

•          to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability

•          to submit false or misleading information

•          to collect or track the personal information of others

•          to spam, phish, pharm, pretext, spider, crawl, or scrape

•          for any obscene or immoral purpose

•          to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and you agree not to provide any other person with access to the Services or portions of the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.

A breach or violation of any of the Terms will result in an immediate termination of your Services. You acknowledge and agree that you are solely responsible for (and that ideal•fit has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which ideal•fit may suffer) of any such breach. You agree to defend and indemnify ideal•fit and its affiliates against any liability, costs, or damages arising out of the breach of the representation.

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

Security. We employ physical, technical and administrative safeguards to guard against unauthorized disclosure or access to your personal information. However, you acknowledge that security safeguards, by their nature, are capable of circumvention and ideal•fit does not and cannot guarantee that personal information about you will not be accessed by unauthorized persons capable of overcoming such safeguards (e.g., hackers) who may use viruses, worms, trojan horses, and other undesirable and malicious data and software to obtain access to or damage our Services. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

Your Proprietary Rights. By uploading information to the Service or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) ideal•fit a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, display, adapt, publish, and translate your information to enable us to operate the Services and to make your information accessible to you and other users. If you choose to share any physical sample with us to test or analyze, you give ideal•fit and its contractors, successors and assignees permission to extract information from your sample, and disclose the results to you and to others you specifically authorize.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Intellectual property rights

The Services contain material, such as software, text, graphics, images, video, audio and other material (collectively, “Content”). No Content from the Services may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without the express prior written permission of ideal•fit, except that you may download or print a limited number of copies of the Services for your personal, noncommercial, home use only, provided you keep intact all copyright and other proprietary notices. The Content may be owned by us or may be provided through arrangements with others, including other users of the Services or third party content providers. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Our name, brands, logos, slogans and other trademarks are our trademarks. All other names, brands, logos, product and service names, and designs appearing on the Services are the trademarks of their respective owners. You may not use such trademarks without our prior written permission.

•          Your computer may temporarily store copies of the Content in RAM incidental to your accessing and viewing those materials.

•          You may store files that are automatically cached by your web browser for display enhancement purposes.

•          If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.

•          If we provide social media features, such as allowing you to share items you find in our news section through social media links in those posts, you may take such actions as are enabled by such features.

You must not:

•          Modify copies of any Content from the Services;

•          Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;

•          Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Services; or,

•          Access or use for any commercial purposes any part of the Services or any Content available through the Services.

Section 4 – Accuracy, Completeness & Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

ideal•fit is not a health care provider. The information provided by ideal•fit is for purposes of improving your wellness only and is not intended to provide medical advice, diagnosis, or treatment. The Content and Services (including any advice, analysis, or predictions we provide to you) are for informational purposes only. The Services are designed to help support the health-related choices that you make. These choices are yours and may require the advice of a health care provider. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment or recommendation regarding medication.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THE SERVICES AND CONTENT ARE PROVIDED BY ideal•fit (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ideal•fit (AND ITS LICENSORS AND SUPPLIERS) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. ideal•fit DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Section 5 – Modifications to the Service and Prices

Service availability, price and time-related information appearing on the Services are subject to change without notice. ideal•fit is not responsible for any such changes and advises you to confirm all specific terms appearing on the or through the Services before acting in reliance on such terms. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Section 6 – Products or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We may, from time to time, host, conduct, support, or affiliate the ideal•fit Services with sweepstakes, promotions, contests, giveaways, or other reward opportunities (collectively “Contests”). Such Contests shall be governed by additional terms, and may be subject to limitations based on your location. ideal•fit reserves the right to limit, suspend, or cancel any Contest without notice.

Section 7 – Accuracy of Billing & Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. If you fail to promptly update any of the foregoing information, you agree that we may continue charging you for any use of the Service under your billing account unless you have terminated your Service.

For more detail, please review our Returns Policy.

Section 8 – Third Party Links, Content, and Tools

We are not responsible for examining or evaluating any products, advice or services offered by any third parties whose icons, products, advice, services, tools, or hyperlinks appear on or through the Services. This includes links contained in advertisements, including banner advertisements and sponsored links. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Third-party products and services represented on the Services are not necessarily endorsed or recommended by ideal•fit and we disclaim all responsibility regarding the performance or the use of third-party products and services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Section 9 – User Comments, Feedback & Other Submissions

Section 12 – Disclaimer of Warranties; Limitation of Liability

ideal•fit DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no case shall ideal•fit, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 13 – Indemnification

You agree to indemnify, defend and hold harmless ideal•fit and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 14 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 15 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The provisions of these Terms concerning security, representations and warranties, assignment, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, dispute resolution, and jurisdictional issues shall survive any such termination. You agree that if your use of this Site or the Services is terminated pursuant to these Terms, you will not attempt to use this Site or our Services, and further agree that if you violate this restriction after being terminated, you will indemnify and hold ideal•fit harmless from any and all liability that may incur therefore.

Section 16 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 17 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Missouri.

Section 18 – Dispute Resolution

PLEASE READ THIS SECTION 18 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 18 REQUIRES YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

If you believe you have a dispute or claim against us arising out of your use of the Services or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, you understand and agree that any dispute, claim, or controversy arising under or in connection with these Terms, including your use and access to the Services or any other content, including, but not limited to, claims as to whether any services rendered by ideal•fit or persons employed or engaged by ideal•fit were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as Missouri law provides for judicial review of arbitration proceedings. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.

YOU ACKNOWLEDGE AND AGREE THAT BOTH PARTIES TO THE TERMS WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The arbitration shall be held in <County>, Missouri, USA

If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and ideal•fit will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules and will be administered by the International Court of Arbitration of the International Chamber of Commerce. You agree that such arbitration will be located in the Missouri, and waive any objection to such jurisdiction or venue.

This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within 30 days of the date that you first agreed to these Terms.  To opt out, you must send your name, residence address and email address used for your ideal•fit account, and a clear statement that you want to opt out of this arbitration provisions to ideal•fit, 5203 Chippewa, Suite 301, St. Louis, Missouri 63109. Should you choose to withdraw from the arbitration provision, all other provisions of the Terms shall remain in full force and effect.

If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state courts of <County> in the State of Missouri or a United States District Court, Missouri, and waive any objection to such jurisdiction or venue.

Section 19 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We may make changes, supplement or update these Terms from time to time.  The revised Terms will be effective on or after the posted date. You acknowledge and agree that if you use the Services after the date on which the Terms have changed ideal•fit will treat your use as acceptance of the updated Terms.

If we make a material change to the Terms, we will provide you with notice thirty (30) days prior to the effective date of the changes by posting a notice on our website and by sending you an email to the email address we have for you. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to the terms, you will be deemed to have agreed to the new Terms. You understand that our relationship with you may be governed by additional terms or agreement.

Section 20 – Contact Information

Questions about the Terms of Service should be sent to us at info@ideal.fit.

Privacy Policy

Date: March 1, 2020

ideal•fit (hereinafter “ideal•fit” “we,” “our,” or “us”) is committed to safeguarding and handling your Personal Information in a responsible and secure manner.

This Privacy Policy describes how we process your Personal Information as you use our website located at https://ideal•fit.com/ and any services, tools, technology, products, features, and mobile apps (together, the “Services”) provided, operated or owned by ideal•fit. When we collect, access, use or do anything with your Personal Information, we are “processing” your Personal Information.

Please read our Terms of Use before accessing our Services. By accepting the Terms of Use, you agree with our privacy practices as described in this Policy. If you cannot agree with this Policy, Terms of Use, or other policies, please do not access or use our Services.

We may modify this Policy at any time, without prior notice, and changes may apply to any Personal Information we already hold about you, as well as any new Personal Information collected after the Policy is modified. If we make changes, we will notify you by revising the date at the top of this Policy. We will provide you with advanced notice if we make any material changes to how we collect, use or disclose your Personal Information or that impact your rights under this Policy. If you continue to access or use our Services after receiving the notice of changes, you acknowledge your acceptance of the updated Policy.

In addition, we may provide you with real time disclosures or additional information about the Personal Information handling practices of specific parts of our Services. Such notices may supplement this Policy or provide you with additional choices about how we process your Personal Information.

Section 1 – Information We Collect Through Your Use of the Services

Personal Information is any information that identifies you or makes you identifiable. We collect different types of Personal Information when you’re accessing or using our Services, including:

1.         Information you provide to us. In connection with the Services, we may ask you to provide these categories of Personal Information:

•          Account Information: Information you provide about yourself to access our Services, including name, email address, phone number, mailing address, and password, so that we may communicate with you and provide you with the Services.

•          Self-Reported Information: Information you provide about yourself, including your question responses, demographics, life style, diet, weight loss goals, or any other data you submit while using our Services.

•          Payment Information: If and when you make an order through our Services, you will need to provide us with a credit card for payment, including billing information such as your billing address, phone number, and name on the payment card. A third-party service provider stores and processes this information securely and only for purposes of marking an order through our Services.

•          Voluntary Information: Information you provide to us voluntarily by completing web forms, participating in polls, or contributing to blogs, postings, contacting customer service, and other mediums constitutes Voluntary Information.

2.         Usage Information automatically collected. When you use the Services, we automatically collect information about the Services you use and how you use them (“Usage Information”), as described below.

•          Service Data: We collect information about your interactions with the Services, such as the pages or other content you view, and other actions you perform while using the Services.

•          Log Data: We automatically collect log information when you use the Services. This might include your IP address, access times, hardware and software information, device information, device event information (e.g. crashes, unsuccessful logins, browser type), the web page you’ve viewed or engaged with before or after using the Services, and other relevant information. We collect and monitor this data in order to keep track of the security and privacy of your account.

•          Cookies and Similar Tracking Technologies: We may use various tracking technologies to collect and store information about your use of our Services. We use these tools to ensure that you receive a personalized experience, to provide you with certain functions on our Services, to keep your account safe, and to improve and optimize our Services. Please refer to the “Cookies and Similar Tracking Technologies” section below for more information.

3.         Information from our devices. If you purchase any of our tests or health information gathering devices, the readings and/or results may be automatically transmitted to us or we may ask you to self-report the outcomes to us within your account or through another means of secure transmission. For example, our Glucose Ketone Index our ideal•fit Meter will handle, store, and analyze your bio sample, including a blood sample and you may submit your results to us in your account.

4.         Information from third parties. From time to time, ideal•fit may allow you to connect or transfer your information to or from a third-party application or service. If you choose to participate, we may collect Personal Information about you from the third party. Once the Personal Information has been transferred to ideal•fit from a third party, you may or may not be able to rescind or remove the information.

Section 2 – How We Use Your Information

Your Personal Information can be used for various purposes, including:

•          To Provide Our Services. When you access or use our Services, we process certain Personal Information about you to be able to provide you with our Services. Some examples of how we process your Personal Information in our Services include, but are not limited to:

•          To coordinate and communicate about logistics and tracking of your test order,

•          To pay for the Services, and

•          To analyze or predict certain characteristics or outcomes within your account.

We cannot provide you with our Services without such processing of your Personal Information.

•          To Communicate with You. When you sign up for our Services, you will receive Service-related communications. Our Service-related communications are transactional messages about your account, billing information, your results, surveys, support, customer service, research you may be interested in or are participating in, policy changes, or other Service-related notifications. We may also use your Personal Information for marketing, promotional, or sweepstakes related communications and initiatives. You can manage your email preferences and opt out of certain communications. However, service-related communications are necessary for us to continue to provide our Services to you.

•          To Enforce our Terms, Agreements, or Policies. To maintain a safe, secure, and trusted environment for you when you use the Services, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, and mitigate any suspected or actual prohibited activities on our Services. We are required to process your Personal Information for this purpose to provide our Services.

•          For Product Research and Development. We want to ensure our Services are continually improving and expanding so that we meet and exceed your needs and expectations. To do so, we may process your Personal Information to improve, optimize, or expand our Services or features of our Services. We do so by processing information about your use of the Services, any information you provide to us, and by measuring, tracking, and analyzing trends and usage in connection to your use or the performance of our Services. We take additional security measures when processing your Personal Information for such purposes, such as by de-identifying (or “pseudonymizing”) your Personal Information and limiting access to such data. Without processing your information for such purposes, we may not be able to ensure your continued satisfaction when using our Services.

•          For Scientific Research and Clinical Trial Support. ideal•fit may use your de-identified or pseudonymized Personal Information conduct, whether independently, in collaboration with third parties, or sponsored by a third party, scientific research aimed at the creation of generalizable knowledge. Research may ultimately be published in a peer-reviewed journal or commercialized either by ideal•fit or a third party, but will not include your name or other Account Information. In addition, the ideal•fit Services, including our devices, may be used to support clinical trials. Information collected through our Services as part of a clinical trial may be used by ideal•fit for any of the above-listed purposes, or any purpose permissible under applicable law.

•          To Comply with Applicable Laws. We may be required to process your Personal Information under certain laws and regulations, such as tax laws. We will also process any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the ideal•fit Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ideal•fit, its employees, its users, its clients, and the public. We cannot provide the Services to you without such processing.

Section 3 – How We Share Your Information

We may share your Personal Information as follows:

1.         Third-Party Service Providers. We may use third parties to perform certain services on our behalf in connection with the Services such as:

•          to process and store data, including your Personal Information;

•          to track, analyze, and modify our Services;

•          for marketing, advertising, and distribution;

•          to assist us in providing you with customer support; and

•          to support our IT and security efforts.

Online Store. Shopify, Inc. hosts the online e-commerce platform that allows us to sell our products and Services to you. Personal Information is stored by Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase Shopify will store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service  or Privacy Statement.

Google Analytics. Google Analytics is as an analytics service provider. Learn more about how Google collects and uses data here. To opt out of Google Analytics Advertising Features please use Google Ad Settings. To opt out of Google Analytics entirely please use this link.

The third parties we work with do not have permission to use the information we share with them beyond what is necessary to assist us. We execute agreements with third parties to ensure they use adequate safeguards when processing your Personal Information in accordance with this Policy.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your Personal Information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

2.         Merger, Bankruptcy, or Corporate Reorganization. We may disclose and transfer your Personal Information to a subsequent owner, co-owner, or operator of ideal•fit or the Services, or in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets (i.e., a bankruptcy proceeding), or other corporate change. We will notify you with any choices you may have regarding your Personal Information when we are engaged in a merger, bankruptcy, or corporate reorganization.

3.         Legal Obligations and Safety. We may share your Personal Information if it is reasonably necessary to:

•          Comply with a valid legal process (e.g., subpoenas, warrants, court orders, etc.);

•          Comply with requests or investigations by public authorities;

•          Comply with applicable laws or regulations;

•          Enforce or apply the ideal•fit policies or policies of our business partners;

•          Protect the security or integrity of the Services; or

•          Protect the rights, property, or safety of ideal•fit, our employees or users, partners and affiliates, or other natural persons.

4.         For any other purpose, with your consent. We may share your Personal Information on your behalf or at your request. We will only do so with your specific consent. If you provide your consent to share your information, you may withdraw your consent at any time. Withdrawing your consent will not undo or reverse the lawfulness of any previous processing, and in some cases Personal Information may not be retrieved once shared. Contact us at info@ideal.fitif you would like to withdraw your consent.

Section 4 – Your Choices

1.         Your Account. You may access your ideal•fit Account Information by going to the “Your Account” page. You can edit your Account Information as necessary, such as your email address, name, phone number, and more. When you update your Account Information, we may keep a copy of your previous account details for our records and to prevent fraud or other activities that violate our terms, policies and agreements. However, if you do not provide us with some of your Personal Information, such as your name or email, we will no longer be able to provide you with access to our Services.

2.         Self-Reported and Voluntary Information. You may choose not to provide us with some of your Personal Information. For example, you are not required to complete any survey we send to you. In some instances, you may be able to edit your answers to forms, surveys or features you submit to us. If you cannot find the information you are looking for in your account, please contact us at info@ideal.fitwith your request.

3.         Communication Preferences. If you do not want to receive emails from us, please adjust your communication preferences or click the unsubscribe link within the email you received from us. You will not be able to unsubscribe from Service-related communications as they are necessary for us to continue offering you the Services.

4.         Account Deletion. At any time, you can delete your account or delete our App from your mobile device. Deleting our App does not delete your account or the related Personal Information. If you wish to delete your account completely, please email us at info@ideal.fit. Please note that ideal•fit’s deletion of your Personal Information is subject to limitations, including any applicable legal retention requirements.

If you are located in the European Economic Area, the United Kingdom or Switzerland, please refer to the section below entitled, “Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland” for information about additional choices and rights to your Personal Information.

Section 5 – Third-Party Services

You may find links to other websites, third party applications, and widgets on our Services that we do not own or control. When you click on links in our Service, they may direct you away from our Website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Once you leave our Service or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Section 6 – Security

To protect your Personal Information, we take reasonable precautions and follow industry standard practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. You should be aware that, unfortunately, no system can be 100% secure. There will always be a risk that your Personal Information gets compromised. We also depend on you to keep your Account Information secure by keeping your password confidential and taking precautions to keep others from accessing your account. Please notify us immediately at info@ideal.fitif you become aware of any unauthorized access to or use of your account.

Section 7 – Children’s Privacy

By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this site. Please contact us if you believe we have collected Personal Information about a child without consent from their parent or guardian so we can take action to prevent such access and to delete their Personal Information from our Services.

Section 8 – Retention

We generally retain your Personal Information as long as necessary to fulfill the purposes of collection or to comply with applicable law. Otherwise we will try to delete your Personal Information upon your request or when we no longer need it for the purposes it was originally collected. We will not delete any Personal Information that also relates to other individuals, unless such other individuals also wish to delete their Personal Information at the same time.

Section 9 – Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland

This section only applies to individuals using or accessing our Service while located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “European Countries”) at the time of data collection.

We may ask you to identify which country you are located in when you use or access some of the Services, or we may rely on your IP address to identify which country you are located in. When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in European Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to individuals in a European Country.

Our Relationship to You. ideal•fit is a data controller with regard to any Personal Information collected from individuals accessing or using its Services. A “data controller” is an entity that determines the purposes for which and the manner in which any Personal Information is processed.

Legal Bases for Processing Your Personal Information. We rely on the following Legal Bases under the EU General Data Protection Regulation in processing your Personal Information.

•          The legal basis to process Personal Information for the following sections of this Privacy Policy is to provide our Services to you. Our processing is based on our contract obligations or to take steps at the request of the individual prior to entering into a contract.

o          Section 2(1) To Provide Our Services.

o          Section 2(2) To Provide You with Service-Related Communications.

o          Section 2(2) To Enforce our Terms, Agreements, or Policies.

o          Section 3(1) Third-Party Service Providers.

o          Section 3(2) Merger, Bankruptcy, or Corporate Reorganization.

o          Section 3(3) Legal Obligations and Safety.

•          The legal basis for the “Product Research and Development” section of this Privacy Policy is our legitimate interest to better understand you, to maintain and improve the accuracy of the information we store about you, and to better promote or optimize our Services.

•          The legal basis to process your sensitive Personal Information through our Services, including in order to “Provide Our Services”, perform “Product Research and Development”, and conduct “Scientific Research and Clinical Trial Support”, is your consent. You may withdraw your consent at any time by deleting your account, which can be completed by emailing us at info@ideal.fit; however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.

•          The legal basis to process for the “Comply with Applicable Laws” section of this Privacy Policy is to comply with our legal obligations, or in the public interest or your vital interest.

Marketing. We will only contact you if you are located in a European Country by electronic means (including email or SMS) based on our legitimate interests, as permitted by applicable law or your consent. If you do not want us to use your Personal Information in this way, please click the unsubscribe link at the bottom of any of our email messages to you or contact us at info@ideal.fit. You can object to direct marketing at any time and free of charge.

Individual Rights. We provide you with the rights described below when you use our Services. We may limit your individual rights requests: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other’s privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or unrealistic. If you would like to exercise your rights under applicable law, please contact us at info@ideal.fit.

•          You can request access or deletion of your Personal Information.

•          You can correct or update your Personal Information, object to processing or your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information.

•          If we collected and processed your Personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of the processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

•          You have the right to complain to your local data protection authority about our collection ad use of your Personal Information.

If you believe we have infringed or violated your privacy rights, please contact us at info@ideal.fitso that we may resolve your dispute directly.

Transfer of Your Personal Information. When you access or use our Services, your Personal Information may be processed in the United States or any other country in which ideal•fit, its affiliates, or service providers maintain facilities. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop accessing or using the Services.

We transfer your Personal Information subject to appropriate safeguards as permitted under the Data Protection Laws. We also rely on legal transfer mechanisms such as Standard Contractual Clauses or we work with U.S. based third parties that are certified under the EU-U.S. and Swiss-U.S. Privacy Shield Framework.

Section 10 – Notice to Individuals in Missouri

Missouri law permits Missouri residents to ask us for a notice that identifies the categories of Personal Information that we share with our affiliates and/or third parties for marketing purposes, and that provides contact information for such affiliates and/or third parties. If you are a Missouri resident and would like a copy of this notice, please submit a written request to us at the address provided under the “Contact Information” section.

Section 11 – Do Not Track Signals

Currently, we do not monitor or take any action with respect to Do Not Track signals or other mechanisms, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

Section 12 – Changes to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Questions & Contact Information

If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information please contact our Privacy Compliance Officer at info@ideal.fitor by mail at:

ideal•fit

Re: Privacy Compliance Officer

5203 Chippewa, Suite 301

St. Louis, MO 63109

Disclaimer

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

ideal•fit.com uses cookies to ensure that you have the best possible experience. By continuing without changing your settings, you are accepting the use of cookies.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 – Disclaimer of Warranties; Limitation of Liability

ideal•fit DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no case shall ideal•fit, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 13 – Indemnification

You agree to indemnify, defend and hold harmless ideal•fit and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 14 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 15 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The provisions of these Terms concerning security, representations and warranties, assignment, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, dispute resolution, and jurisdictional issues shall survive any such termination. You agree that if your use of this Site or the Services is terminated pursuant to these Terms, you will not attempt to use this Site or our Services, and further agree that if you violate this restriction after being terminated, you will indemnify and hold ideal•fit harmless from any and all liability that may incur therefore.

Section 16 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 17 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Missouri.

Section 18 – Dispute Resolution

PLEASE READ THIS SECTION 18 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 18 REQUIRES YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

If you believe you have a dispute or claim against us arising out of your use of the Services or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, you understand and agree that any dispute, claim, or controversy arising under or in connection with these Terms, including your use and access to the Services or any other content, including, but not limited to, claims as to whether any services rendered by ideal•fit or persons employed or engaged by ideal•fit were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as Missouri law provides for judicial review of arbitration proceedings. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.

YOU ACKNOWLEDGE AND AGREE THAT BOTH PARTIES TO THE TERMS WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The arbitration shall be held in <County>, Missouri, USA

If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and ideal•fit will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules and will be administered by the International Court of Arbitration of the International Chamber of Commerce. You agree that such arbitration will be located in the Missouri, and waive any objection to such jurisdiction or venue.

This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within 30 days of the date that you first agreed to these Terms.  To opt out, you must send your name, residence address and email address used for your ideal•fit account, and a clear statement that you want to opt out of this arbitration provisions to ideal•fit, 5203 Chippewa, Suite 301, St. Louis, Missouri 63109. Should you choose to withdraw from the arbitration provision, all other provisions of the Terms shall remain in full force and effect.

If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state courts of <County> in the State of Missouri or a United States District Court, Missouri, and waive any objection to such jurisdiction or venue.

Section 19 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We may make changes, supplement or update these Terms from time to time.  The revised Terms will be effective on or after the posted date. You acknowledge and agree that if you use the Services after the date on which the Terms have changed ideal•fit will treat your use as acceptance of the updated Terms.

If we make a material change to the Terms, we will provide you with notice thirty (30) days prior to the effective date of the changes by posting a notice on our website and by sending you an email to the email address we have for you. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to the terms, you will be deemed to have agreed to the new Terms. You understand that our relationship with you may be governed by additional terms or agreement.

Section 20 – Contact Information

Questions about the Terms of Service should be sent to us at info@ideal.fit.

Privacy Policy

Date: March 1, 2020

ideal•fit (hereinafter “ideal•fit” “we,” “our,” or “us”) is committed to safeguarding and handling your Personal Information in a responsible and secure manner.

This Privacy Policy describes how we process your Personal Information as you use our website located at https://ideal•fit.com/ and any services, tools, technology, products, features, and mobile apps (together, the “Services”) provided, operated or owned by ideal•fit. When we collect, access, use or do anything with your Personal Information, we are “processing” your Personal Information.

Please read our Terms of Use before accessing our Services. By accepting the Terms of Use, you agree with our privacy practices as described in this Policy. If you cannot agree with this Policy, Terms of Use, or other policies, please do not access or use our Services.

We may modify this Policy at any time, without prior notice, and changes may apply to any Personal Information we already hold about you, as well as any new Personal Information collected after the Policy is modified. If we make changes, we will notify you by revising the date at the top of this Policy. We will provide you with advanced notice if we make any material changes to how we collect, use or disclose your Personal Information or that impact your rights under this Policy. If you continue to access or use our Services after receiving the notice of changes, you acknowledge your acceptance of the updated Policy.

In addition, we may provide you with real time disclosures or additional information about the Personal Information handling practices of specific parts of our Services. Such notices may supplement this Policy or provide you with additional choices about how we process your Personal Information.

Section 1 – Information We Collect Through Your Use of the Services

Personal Information is any information that identifies you or makes you identifiable. We collect different types of Personal Information when you’re accessing or using our Services, including:

1.         Information you provide to us. In connection with the Services, we may ask you to provide these categories of Personal Information:

•          Account Information: Information you provide about yourself to access our Services, including name, email address, phone number, mailing address, and password, so that we may communicate with you and provide you with the Services.

•          Self-Reported Information: Information you provide about yourself, including your question responses, demographics, life style, diet, weight loss goals, or any other data you submit while using our Services.

•          Payment Information: If and when you make an order through our Services, you will need to provide us with a credit card for payment, including billing information such as your billing address, phone number, and name on the payment card. A third-party service provider stores and processes this information securely and only for purposes of marking an order through our Services.

•          Voluntary Information: Information you provide to us voluntarily by completing web forms, participating in polls, or contributing to blogs, postings, contacting customer service, and other mediums constitutes Voluntary Information.

2.         Usage Information automatically collected. When you use the Services, we automatically collect information about the Services you use and how you use them (“Usage Information”), as described below.

•          Service Data: We collect information about your interactions with the Services, such as the pages or other content you view, and other actions you perform while using the Services.

•          Log Data: We automatically collect log information when you use the Services. This might include your IP address, access times, hardware and software information, device information, device event information (e.g. crashes, unsuccessful logins, browser type), the web page you’ve viewed or engaged with before or after using the Services, and other relevant information. We collect and monitor this data in order to keep track of the security and privacy of your account.

•          Cookies and Similar Tracking Technologies: We may use various tracking technologies to collect and store information about your use of our Services. We use these tools to ensure that you receive a personalized experience, to provide you with certain functions on our Services, to keep your account safe, and to improve and optimize our Services. Please refer to the “Cookies and Similar Tracking Technologies” section below for more information.

3.         Information from our devices. If you purchase any of our tests or health information gathering devices, the readings and/or results may be automatically transmitted to us or we may ask you to self-report the outcomes to us within your account or through another means of secure transmission. For example, our Glucose Ketone Index our ideal•fit Meter will handle, store, and analyze your bio sample, including a blood sample and you may submit your results to us in your account.

4.         Information from third parties. From time to time, ideal•fit may allow you to connect or transfer your information to or from a third-party application or service. If you choose to participate, we may collect Personal Information about you from the third party. Once the Personal Information has been transferred to ideal•fit from a third party, you may or may not be able to rescind or remove the information.

Section 2 – How We Use Your Information

Your Personal Information can be used for various purposes, including:

•          To Provide Our Services. When you access or use our Services, we process certain Personal Information about you to be able to provide you with our Services. Some examples of how we process your Personal Information in our Services include, but are not limited to:

•          To coordinate and communicate about logistics and tracking of your test order,

•          To pay for the Services, and

•          To analyze or predict certain characteristics or outcomes within your account.

We cannot provide you with our Services without such processing of your Personal Information.

•          To Communicate with You. When you sign up for our Services, you will receive Service-related communications. Our Service-related communications are transactional messages about your account, billing information, your results, surveys, support, customer service, research you may be interested in or are participating in, policy changes, or other Service-related notifications. We may also use your Personal Information for marketing, promotional, or sweepstakes related communications and initiatives. You can manage your email preferences and opt out of certain communications. However, service-related communications are necessary for us to continue to provide our Services to you.

•          To Enforce our Terms, Agreements, or Policies. To maintain a safe, secure, and trusted environment for you when you use the Services, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, and mitigate any suspected or actual prohibited activities on our Services. We are required to process your Personal Information for this purpose to provide our Services.

•          For Product Research and Development. We want to ensure our Services are continually improving and expanding so that we meet and exceed your needs and expectations. To do so, we may process your Personal Information to improve, optimize, or expand our Services or features of our Services. We do so by processing information about your use of the Services, any information you provide to us, and by measuring, tracking, and analyzing trends and usage in connection to your use or the performance of our Services. We take additional security measures when processing your Personal Information for such purposes, such as by de-identifying (or “pseudonymizing”) your Personal Information and limiting access to such data. Without processing your information for such purposes, we may not be able to ensure your continued satisfaction when using our Services.

•          For Scientific Research and Clinical Trial Support. ideal•fit may use your de-identified or pseudonymized Personal Information conduct, whether independently, in collaboration with third parties, or sponsored by a third party, scientific research aimed at the creation of generalizable knowledge. Research may ultimately be published in a peer-reviewed journal or commercialized either by ideal•fit or a third party, but will not include your name or other Account Information. In addition, the ideal•fit Services, including our devices, may be used to support clinical trials. Information collected through our Services as part of a clinical trial may be used by ideal•fit for any of the above-listed purposes, or any purpose permissible under applicable law.

•          To Comply with Applicable Laws. We may be required to process your Personal Information under certain laws and regulations, such as tax laws. We will also process any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the ideal•fit Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ideal•fit, its employees, its users, its clients, and the public. We cannot provide the Services to you without such processing.

Section 3 – How We Share Your Information

We may share your Personal Information as follows:

1.         Third-Party Service Providers. We may use third parties to perform certain services on our behalf in connection with the Services such as:

•          to process and store data, including your Personal Information;

•          to track, analyze, and modify our Services;

•          for marketing, advertising, and distribution;

•          to assist us in providing you with customer support; and

•          to support our IT and security efforts.

Online Store. Shopify, Inc. hosts the online e-commerce platform that allows us to sell our products and Services to you. Personal Information is stored by Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase Shopify will store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service  or Privacy Statement.

Google Analytics. Google Analytics is as an analytics service provider. Learn more about how Google collects and uses data here. To opt out of Google Analytics Advertising Features please use Google Ad Settings. To opt out of Google Analytics entirely please use this link.

The third parties we work with do not have permission to use the information we share with them beyond what is necessary to assist us. We execute agreements with third parties to ensure they use adequate safeguards when processing your Personal Information in accordance with this Policy.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your Personal Information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

2.         Merger, Bankruptcy, or Corporate Reorganization. We may disclose and transfer your Personal Information to a subsequent owner, co-owner, or operator of ideal•fit or the Services, or in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets (i.e., a bankruptcy proceeding), or other corporate change. We will notify you with any choices you may have regarding your Personal Information when we are engaged in a merger, bankruptcy, or corporate reorganization.

3.         Legal Obligations and Safety. We may share your Personal Information if it is reasonably necessary to:

•          Comply with a valid legal process (e.g., subpoenas, warrants, court orders, etc.);

•          Comply with requests or investigations by public authorities;

•          Comply with applicable laws or regulations;

•          Enforce or apply the ideal•fit policies or policies of our business partners;

•          Protect the security or integrity of the Services; or

•          Protect the rights, property, or safety of ideal•fit, our employees or users, partners and affiliates, or other natural persons.

4.         For any other purpose, with your consent. We may share your Personal Information on your behalf or at your request. We will only do so with your specific consent. If you provide your consent to share your information, you may withdraw your consent at any time. Withdrawing your consent will not undo or reverse the lawfulness of any previous processing, and in some cases Personal Information may not be retrieved once shared. Contact us at info@ideal.fitif you would like to withdraw your consent.

Section 4 – Your Choices

1.         Your Account. You may access your ideal•fit Account Information by going to the “Your Account” page. You can edit your Account Information as necessary, such as your email address, name, phone number, and more. When you update your Account Information, we may keep a copy of your previous account details for our records and to prevent fraud or other activities that violate our terms, policies and agreements. However, if you do not provide us with some of your Personal Information, such as your name or email, we will no longer be able to provide you with access to our Services.

2.         Self-Reported and Voluntary Information. You may choose not to provide us with some of your Personal Information. For example, you are not required to complete any survey we send to you. In some instances, you may be able to edit your answers to forms, surveys or features you submit to us. If you cannot find the information you are looking for in your account, please contact us at info@ideal.fitwith your request.

3.         Communication Preferences. If you do not want to receive emails from us, please adjust your communication preferences or click the unsubscribe link within the email you received from us. You will not be able to unsubscribe from Service-related communications as they are necessary for us to continue offering you the Services.

4.         Account Deletion. At any time, you can delete your account or delete our App from your mobile device. Deleting our App does not delete your account or the related Personal Information. If you wish to delete your account completely, please email us at info@ideal.fit. Please note that ideal•fit’s deletion of your Personal Information is subject to limitations, including any applicable legal retention requirements.

If you are located in the European Economic Area, the United Kingdom or Switzerland, please refer to the section below entitled, “Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland” for information about additional choices and rights to your Personal Information.

Section 5 – Third-Party Services

You may find links to other websites, third party applications, and widgets on our Services that we do not own or control. When you click on links in our Service, they may direct you away from our Website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Once you leave our Service or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Section 6 – Security

To protect your Personal Information, we take reasonable precautions and follow industry standard practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. You should be aware that, unfortunately, no system can be 100% secure. There will always be a risk that your Personal Information gets compromised. We also depend on you to keep your Account Information secure by keeping your password confidential and taking precautions to keep others from accessing your account. Please notify us immediately at info@ideal.fitif you become aware of any unauthorized access to or use of your account.

Section 7 – Children’s Privacy

By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this site. Please contact us if you believe we have collected Personal Information about a child without consent from their parent or guardian so we can take action to prevent such access and to delete their Personal Information from our Services.

Section 8 – Retention

We generally retain your Personal Information as long as necessary to fulfill the purposes of collection or to comply with applicable law. Otherwise we will try to delete your Personal Information upon your request or when we no longer need it for the purposes it was originally collected. We will not delete any Personal Information that also relates to other individuals, unless such other individuals also wish to delete their Personal Information at the same time.

Section 9 – Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland

This section only applies to individuals using or accessing our Service while located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “European Countries”) at the time of data collection.

We may ask you to identify which country you are located in when you use or access some of the Services, or we may rely on your IP address to identify which country you are located in. When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in European Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to individuals in a European Country.

Our Relationship to You. ideal•fit is a data controller with regard to any Personal Information collected from individuals accessing or using its Services. A “data controller” is an entity that determines the purposes for which and the manner in which any Personal Information is processed.

Legal Bases for Processing Your Personal Information. We rely on the following Legal Bases under the EU General Data Protection Regulation in processing your Personal Information.

•          The legal basis to process Personal Information for the following sections of this Privacy Policy is to provide our Services to you. Our processing is based on our contract obligations or to take steps at the request of the individual prior to entering into a contract.

o          Section 2(1) To Provide Our Services.

o          Section 2(2) To Provide You with Service-Related Communications.

o          Section 2(2) To Enforce our Terms, Agreements, or Policies.

o          Section 3(1) Third-Party Service Providers.

o          Section 3(2) Merger, Bankruptcy, or Corporate Reorganization.

o          Section 3(3) Legal Obligations and Safety.

•          The legal basis for the “Product Research and Development” section of this Privacy Policy is our legitimate interest to better understand you, to maintain and improve the accuracy of the information we store about you, and to better promote or optimize our Services.

•          The legal basis to process your sensitive Personal Information through our Services, including in order to “Provide Our Services”, perform “Product Research and Development”, and conduct “Scientific Research and Clinical Trial Support”, is your consent. You may withdraw your consent at any time by deleting your account, which can be completed by emailing us at info@ideal.fit; however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.

•          The legal basis to process for the “Comply with Applicable Laws” section of this Privacy Policy is to comply with our legal obligations, or in the public interest or your vital interest.

Marketing. We will only contact you if you are located in a European Country by electronic means (including email or SMS) based on our legitimate interests, as permitted by applicable law or your consent. If you do not want us to use your Personal Information in this way, please click the unsubscribe link at the bottom of any of our email messages to you or contact us at info@ideal.fit. You can object to direct marketing at any time and free of charge.

Individual Rights. We provide you with the rights described below when you use our Services. We may limit your individual rights requests: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other’s privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or unrealistic. If you would like to exercise your rights under applicable law, please contact us at info@ideal.fit.

•          You can request access or deletion of your Personal Information.

•          You can correct or update your Personal Information, object to processing or your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information.

•          If we collected and processed your Personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of the processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

•          You have the right to complain to your local data protection authority about our collection ad use of your Personal Information.

If you believe we have infringed or violated your privacy rights, please contact us at info@ideal.fitso that we may resolve your dispute directly.

Transfer of Your Personal Information. When you access or use our Services, your Personal Information may be processed in the United States or any other country in which ideal•fit, its affiliates, or service providers maintain facilities. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop accessing or using the Services.

We transfer your Personal Information subject to appropriate safeguards as permitted under the Data Protection Laws. We also rely on legal transfer mechanisms such as Standard Contractual Clauses or we work with U.S. based third parties that are certified under the EU-U.S. and Swiss-U.S. Privacy Shield Framework.

Section 10 – Notice to Individuals in Missouri

Missouri law permits Missouri residents to ask us for a notice that identifies the categories of Personal Information that we share with our affiliates and/or third parties for marketing purposes, and that provides contact information for such affiliates and/or third parties. If you are a Missouri resident and would like a copy of this notice, please submit a written request to us at the address provided under the “Contact Information” section.

Section 11 – Do Not Track Signals

Currently, we do not monitor or take any action with respect to Do Not Track signals or other mechanisms, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

Section 12 – Changes to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Questions & Contact Information

If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information please contact our Privacy Compliance Officer at info@ideal.fitor by mail at:

ideal•fit

Re: Privacy Compliance Officer

5203 Chippewa, Suite 301

St. Louis, MO 63109

Disclaimer

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

ideal•fit.com uses cookies to ensure that you have the best possible experience. By continuing without changing your settings, you are accepting the use of cookies.

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Privacy Policy. View our Privacy Policy here.

Section 11 – Errors, Inaccuracies & Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 – Disclaimer of Warranties; Limitation of Liability

ideal•fit DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no case shall ideal•fit, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 13 – Indemnification

You agree to indemnify, defend and hold harmless ideal•fit and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 14 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 15 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The provisions of these Terms concerning security, representations and warranties, assignment, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, dispute resolution, and jurisdictional issues shall survive any such termination. You agree that if your use of this Site or the Services is terminated pursuant to these Terms, you will not attempt to use this Site or our Services, and further agree that if you violate this restriction after being terminated, you will indemnify and hold ideal•fit harmless from any and all liability that may incur therefore.

Section 16 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 17 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Missouri.

Section 18 – Dispute Resolution

PLEASE READ THIS SECTION 18 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 18 REQUIRES YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

If you believe you have a dispute or claim against us arising out of your use of the Services or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, you understand and agree that any dispute, claim, or controversy arising under or in connection with these Terms, including your use and access to the Services or any other content, including, but not limited to, claims as to whether any services rendered by ideal•fit or persons employed or engaged by ideal•fit were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as Missouri law provides for judicial review of arbitration proceedings. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.

YOU ACKNOWLEDGE AND AGREE THAT BOTH PARTIES TO THE TERMS WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The arbitration shall be held in <County>, Missouri, USA

If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and ideal•fit will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules and will be administered by the International Court of Arbitration of the International Chamber of Commerce. You agree that such arbitration will be located in the Missouri, and waive any objection to such jurisdiction or venue.

This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within 30 days of the date that you first agreed to these Terms.  To opt out, you must send your name, residence address and email address used for your ideal•fit account, and a clear statement that you want to opt out of this arbitration provisions to ideal•fit, 5203 Chippewa, Suite 301, St. Louis, Missouri 63109. Should you choose to withdraw from the arbitration provision, all other provisions of the Terms shall remain in full force and effect.

If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state courts of <County> in the State of Missouri or a United States District Court, Missouri, and waive any objection to such jurisdiction or venue.

Section 19 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We may make changes, supplement or update these Terms from time to time.  The revised Terms will be effective on or after the posted date. You acknowledge and agree that if you use the Services after the date on which the Terms have changed ideal•fit will treat your use as acceptance of the updated Terms.

If we make a material change to the Terms, we will provide you with notice thirty (30) days prior to the effective date of the changes by posting a notice on our website and by sending you an email to the email address we have for you. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to the terms, you will be deemed to have agreed to the new Terms. You understand that our relationship with you may be governed by additional terms or agreement.

Section 20 – Contact Information

Questions about the Terms of Service should be sent to us at info@ideal.fit.

Privacy Policy

Date: March 1, 2020

ideal•fit (hereinafter “ideal•fit” “we,” “our,” or “us”) is committed to safeguarding and handling your Personal Information in a responsible and secure manner.

This Privacy Policy describes how we process your Personal Information as you use our website located at https://ideal•fit.com/ and any services, tools, technology, products, features, and mobile apps (together, the “Services”) provided, operated or owned by ideal•fit. When we collect, access, use or do anything with your Personal Information, we are “processing” your Personal Information.

Please read our Terms of Use before accessing our Services. By accepting the Terms of Use, you agree with our privacy practices as described in this Policy. If you cannot agree with this Policy, Terms of Use, or other policies, please do not access or use our Services.

We may modify this Policy at any time, without prior notice, and changes may apply to any Personal Information we already hold about you, as well as any new Personal Information collected after the Policy is modified. If we make changes, we will notify you by revising the date at the top of this Policy. We will provide you with advanced notice if we make any material changes to how we collect, use or disclose your Personal Information or that impact your rights under this Policy. If you continue to access or use our Services after receiving the notice of changes, you acknowledge your acceptance of the updated Policy.

In addition, we may provide you with real time disclosures or additional information about the Personal Information handling practices of specific parts of our Services. Such notices may supplement this Policy or provide you with additional choices about how we process your Personal Information.

Section 1 – Information We Collect Through Your Use of the Services

Personal Information is any information that identifies you or makes you identifiable. We collect different types of Personal Information when you’re accessing or using our Services, including:

1.         Information you provide to us. In connection with the Services, we may ask you to provide these categories of Personal Information:

•          Account Information: Information you provide about yourself to access our Services, including name, email address, phone number, mailing address, and password, so that we may communicate with you and provide you with the Services.

•          Self-Reported Information: Information you provide about yourself, including your question responses, demographics, life style, diet, weight loss goals, or any other data you submit while using our Services.

•          Payment Information: If and when you make an order through our Services, you will need to provide us with a credit card for payment, including billing information such as your billing address, phone number, and name on the payment card. A third-party service provider stores and processes this information securely and only for purposes of marking an order through our Services.

•          Voluntary Information: Information you provide to us voluntarily by completing web forms, participating in polls, or contributing to blogs, postings, contacting customer service, and other mediums constitutes Voluntary Information.

2.         Usage Information automatically collected. When you use the Services, we automatically collect information about the Services you use and how you use them (“Usage Information”), as described below.

•          Service Data: We collect information about your interactions with the Services, such as the pages or other content you view, and other actions you perform while using the Services.

•          Log Data: We automatically collect log information when you use the Services. This might include your IP address, access times, hardware and software information, device information, device event information (e.g. crashes, unsuccessful logins, browser type), the web page you’ve viewed or engaged with before or after using the Services, and other relevant information. We collect and monitor this data in order to keep track of the security and privacy of your account.

•          Cookies and Similar Tracking Technologies: We may use various tracking technologies to collect and store information about your use of our Services. We use these tools to ensure that you receive a personalized experience, to provide you with certain functions on our Services, to keep your account safe, and to improve and optimize our Services. Please refer to the “Cookies and Similar Tracking Technologies” section below for more information.

3.         Information from our devices. If you purchase any of our tests or health information gathering devices, the readings and/or results may be automatically transmitted to us or we may ask you to self-report the outcomes to us within your account or through another means of secure transmission. For example, our Glucose Ketone Index our ideal•fit Meter will handle, store, and analyze your bio sample, including a blood sample and you may submit your results to us in your account.

4.         Information from third parties. From time to time, ideal•fit may allow you to connect or transfer your information to or from a third-party application or service. If you choose to participate, we may collect Personal Information about you from the third party. Once the Personal Information has been transferred to ideal•fit from a third party, you may or may not be able to rescind or remove the information.

Section 2 – How We Use Your Information

Your Personal Information can be used for various purposes, including:

•          To Provide Our Services. When you access or use our Services, we process certain Personal Information about you to be able to provide you with our Services. Some examples of how we process your Personal Information in our Services include, but are not limited to:

•          To coordinate and communicate about logistics and tracking of your test order,

•          To pay for the Services, and

•          To analyze or predict certain characteristics or outcomes within your account.

We cannot provide you with our Services without such processing of your Personal Information.

•          To Communicate with You. When you sign up for our Services, you will receive Service-related communications. Our Service-related communications are transactional messages about your account, billing information, your results, surveys, support, customer service, research you may be interested in or are participating in, policy changes, or other Service-related notifications. We may also use your Personal Information for marketing, promotional, or sweepstakes related communications and initiatives. You can manage your email preferences and opt out of certain communications. However, service-related communications are necessary for us to continue to provide our Services to you.

•          To Enforce our Terms, Agreements, or Policies. To maintain a safe, secure, and trusted environment for you when you use the Services, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, and mitigate any suspected or actual prohibited activities on our Services. We are required to process your Personal Information for this purpose to provide our Services.

•          For Product Research and Development. We want to ensure our Services are continually improving and expanding so that we meet and exceed your needs and expectations. To do so, we may process your Personal Information to improve, optimize, or expand our Services or features of our Services. We do so by processing information about your use of the Services, any information you provide to us, and by measuring, tracking, and analyzing trends and usage in connection to your use or the performance of our Services. We take additional security measures when processing your Personal Information for such purposes, such as by de-identifying (or “pseudonymizing”) your Personal Information and limiting access to such data. Without processing your information for such purposes, we may not be able to ensure your continued satisfaction when using our Services.

•          For Scientific Research and Clinical Trial Support. ideal•fit may use your de-identified or pseudonymized Personal Information conduct, whether independently, in collaboration with third parties, or sponsored by a third party, scientific research aimed at the creation of generalizable knowledge. Research may ultimately be published in a peer-reviewed journal or commercialized either by ideal•fit or a third party, but will not include your name or other Account Information. In addition, the ideal•fit Services, including our devices, may be used to support clinical trials. Information collected through our Services as part of a clinical trial may be used by ideal•fit for any of the above-listed purposes, or any purpose permissible under applicable law.

•          To Comply with Applicable Laws. We may be required to process your Personal Information under certain laws and regulations, such as tax laws. We will also process any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the ideal•fit Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ideal•fit, its employees, its users, its clients, and the public. We cannot provide the Services to you without such processing.

Section 3 – How We Share Your Information

We may share your Personal Information as follows:

1.         Third-Party Service Providers. We may use third parties to perform certain services on our behalf in connection with the Services such as:

•          to process and store data, including your Personal Information;

•          to track, analyze, and modify our Services;

•          for marketing, advertising, and distribution;

•          to assist us in providing you with customer support; and

•          to support our IT and security efforts.

Online Store. Shopify, Inc. hosts the online e-commerce platform that allows us to sell our products and Services to you. Personal Information is stored by Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase Shopify will store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service  or Privacy Statement.

Google Analytics. Google Analytics is as an analytics service provider. Learn more about how Google collects and uses data here. To opt out of Google Analytics Advertising Features please use Google Ad Settings. To opt out of Google Analytics entirely please use this link.

The third parties we work with do not have permission to use the information we share with them beyond what is necessary to assist us. We execute agreements with third parties to ensure they use adequate safeguards when processing your Personal Information in accordance with this Policy.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your Personal Information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

2.         Merger, Bankruptcy, or Corporate Reorganization. We may disclose and transfer your Personal Information to a subsequent owner, co-owner, or operator of ideal•fit or the Services, or in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets (i.e., a bankruptcy proceeding), or other corporate change. We will notify you with any choices you may have regarding your Personal Information when we are engaged in a merger, bankruptcy, or corporate reorganization.

3.         Legal Obligations and Safety. We may share your Personal Information if it is reasonably necessary to:

•          Comply with a valid legal process (e.g., subpoenas, warrants, court orders, etc.);

•          Comply with requests or investigations by public authorities;

•          Comply with applicable laws or regulations;

•          Enforce or apply the ideal•fit policies or policies of our business partners;

•          Protect the security or integrity of the Services; or

•          Protect the rights, property, or safety of ideal•fit, our employees or users, partners and affiliates, or other natural persons.

4.         For any other purpose, with your consent. We may share your Personal Information on your behalf or at your request. We will only do so with your specific consent. If you provide your consent to share your information, you may withdraw your consent at any time. Withdrawing your consent will not undo or reverse the lawfulness of any previous processing, and in some cases Personal Information may not be retrieved once shared. Contact us at info@ideal.fitif you would like to withdraw your consent.

Section 4 – Your Choices

1.         Your Account. You may access your ideal•fit Account Information by going to the “Your Account” page. You can edit your Account Information as necessary, such as your email address, name, phone number, and more. When you update your Account Information, we may keep a copy of your previous account details for our records and to prevent fraud or other activities that violate our terms, policies and agreements. However, if you do not provide us with some of your Personal Information, such as your name or email, we will no longer be able to provide you with access to our Services.

2.         Self-Reported and Voluntary Information. You may choose not to provide us with some of your Personal Information. For example, you are not required to complete any survey we send to you. In some instances, you may be able to edit your answers to forms, surveys or features you submit to us. If you cannot find the information you are looking for in your account, please contact us at info@ideal.fitwith your request.

3.         Communication Preferences. If you do not want to receive emails from us, please adjust your communication preferences or click the unsubscribe link within the email you received from us. You will not be able to unsubscribe from Service-related communications as they are necessary for us to continue offering you the Services.

4.         Account Deletion. At any time, you can delete your account or delete our App from your mobile device. Deleting our App does not delete your account or the related Personal Information. If you wish to delete your account completely, please email us at info@ideal.fit. Please note that ideal•fit’s deletion of your Personal Information is subject to limitations, including any applicable legal retention requirements.

If you are located in the European Economic Area, the United Kingdom or Switzerland, please refer to the section below entitled, “Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland” for information about additional choices and rights to your Personal Information.

Section 5 – Third-Party Services

You may find links to other websites, third party applications, and widgets on our Services that we do not own or control. When you click on links in our Service, they may direct you away from our Website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Once you leave our Service or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Section 6 – Security

To protect your Personal Information, we take reasonable precautions and follow industry standard practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. You should be aware that, unfortunately, no system can be 100% secure. There will always be a risk that your Personal Information gets compromised. We also depend on you to keep your Account Information secure by keeping your password confidential and taking precautions to keep others from accessing your account. Please notify us immediately at info@ideal.fitif you become aware of any unauthorized access to or use of your account.

Section 7 – Children’s Privacy

By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this site. Please contact us if you believe we have collected Personal Information about a child without consent from their parent or guardian so we can take action to prevent such access and to delete their Personal Information from our Services.

Section 8 – Retention

We generally retain your Personal Information as long as necessary to fulfill the purposes of collection or to comply with applicable law. Otherwise we will try to delete your Personal Information upon your request or when we no longer need it for the purposes it was originally collected. We will not delete any Personal Information that also relates to other individuals, unless such other individuals also wish to delete their Personal Information at the same time.

Section 9 – Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland

This section only applies to individuals using or accessing our Service while located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “European Countries”) at the time of data collection.

We may ask you to identify which country you are located in when you use or access some of the Services, or we may rely on your IP address to identify which country you are located in. When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in European Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to individuals in a European Country.

Our Relationship to You. ideal•fit is a data controller with regard to any Personal Information collected from individuals accessing or using its Services. A “data controller” is an entity that determines the purposes for which and the manner in which any Personal Information is processed.

Legal Bases for Processing Your Personal Information. We rely on the following Legal Bases under the EU General Data Protection Regulation in processing your Personal Information.

•          The legal basis to process Personal Information for the following sections of this Privacy Policy is to provide our Services to you. Our processing is based on our contract obligations or to take steps at the request of the individual prior to entering into a contract.

o          Section 2(1) To Provide Our Services.

o          Section 2(2) To Provide You with Service-Related Communications.

o          Section 2(2) To Enforce our Terms, Agreements, or Policies.

o          Section 3(1) Third-Party Service Providers.

o          Section 3(2) Merger, Bankruptcy, or Corporate Reorganization.

o          Section 3(3) Legal Obligations and Safety.

•          The legal basis for the “Product Research and Development” section of this Privacy Policy is our legitimate interest to better understand you, to maintain and improve the accuracy of the information we store about you, and to better promote or optimize our Services.

•          The legal basis to process your sensitive Personal Information through our Services, including in order to “Provide Our Services”, perform “Product Research and Development”, and conduct “Scientific Research and Clinical Trial Support”, is your consent. You may withdraw your consent at any time by deleting your account, which can be completed by emailing us at info@ideal.fit; however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.

•          The legal basis to process for the “Comply with Applicable Laws” section of this Privacy Policy is to comply with our legal obligations, or in the public interest or your vital interest.

Marketing. We will only contact you if you are located in a European Country by electronic means (including email or SMS) based on our legitimate interests, as permitted by applicable law or your consent. If you do not want us to use your Personal Information in this way, please click the unsubscribe link at the bottom of any of our email messages to you or contact us at info@ideal.fit. You can object to direct marketing at any time and free of charge.

Individual Rights. We provide you with the rights described below when you use our Services. We may limit your individual rights requests: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other’s privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or unrealistic. If you would like to exercise your rights under applicable law, please contact us at info@ideal.fit.

•          You can request access or deletion of your Personal Information.

•          You can correct or update your Personal Information, object to processing or your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information.

•          If we collected and processed your Personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of the processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

•          You have the right to complain to your local data protection authority about our collection ad use of your Personal Information.

If you believe we have infringed or violated your privacy rights, please contact us at info@ideal.fitso that we may resolve your dispute directly.

Transfer of Your Personal Information. When you access or use our Services, your Personal Information may be processed in the United States or any other country in which ideal•fit, its affiliates, or service providers maintain facilities. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop accessing or using the Services.

We transfer your Personal Information subject to appropriate safeguards as permitted under the Data Protection Laws. We also rely on legal transfer mechanisms such as Standard Contractual Clauses or we work with U.S. based third parties that are certified under the EU-U.S. and Swiss-U.S. Privacy Shield Framework.

Section 10 – Notice to Individuals in Missouri

Missouri law permits Missouri residents to ask us for a notice that identifies the categories of Personal Information that we share with our affiliates and/or third parties for marketing purposes, and that provides contact information for such affiliates and/or third parties. If you are a Missouri resident and would like a copy of this notice, please submit a written request to us at the address provided under the “Contact Information” section.

Section 11 – Do Not Track Signals

Currently, we do not monitor or take any action with respect to Do Not Track signals or other mechanisms, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

Section 12 – Changes to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Questions & Contact Information

If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information please contact our Privacy Compliance Officer at info@ideal.fitor by mail at:

ideal•fit

Re: Privacy Compliance Officer

5203 Chippewa, Suite 301

St. Louis, MO 63109

Disclaimer

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

ideal•fit.com uses cookies to ensure that you have the best possible experience. By continuing without changing your settings, you are accepting the use of cookies.

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You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 – Personal Information

Our collection, use, and transfer of personal information through the Service is governed by our

Privacy Policy. View our Privacy Policy here.

Section 11 – Errors, Inaccuracies & Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 – Disclaimer of Warranties; Limitation of Liability

ideal•fit DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no case shall ideal•fit, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 13 – Indemnification

You agree to indemnify, defend and hold harmless ideal•fit and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 14 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 15 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The provisions of these Terms concerning security, representations and warranties, assignment, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, dispute resolution, and jurisdictional issues shall survive any such termination. You agree that if your use of this Site or the Services is terminated pursuant to these Terms, you will not attempt to use this Site or our Services, and further agree that if you violate this restriction after being terminated, you will indemnify and hold ideal•fit harmless from any and all liability that may incur therefore.

Section 16 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 17 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Missouri.

Section 18 – Dispute Resolution

PLEASE READ THIS SECTION 18 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 18 REQUIRES YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

If you believe you have a dispute or claim against us arising out of your use of the Services or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, you understand and agree that any dispute, claim, or controversy arising under or in connection with these Terms, including your use and access to the Services or any other content, including, but not limited to, claims as to whether any services rendered by ideal•fit or persons employed or engaged by ideal•fit were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as Missouri law provides for judicial review of arbitration proceedings. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.

YOU ACKNOWLEDGE AND AGREE THAT BOTH PARTIES TO THE TERMS WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The arbitration shall be held in <County>, Missouri, USA

If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and ideal•fit will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules and will be administered by the International Court of Arbitration of the International Chamber of Commerce. You agree that such arbitration will be located in the Missouri, and waive any objection to such jurisdiction or venue.

This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within 30 days of the date that you first agreed to these Terms.  To opt out, you must send your name, residence address and email address used for your ideal•fit account, and a clear statement that you want to opt out of this arbitration provisions to ideal•fit, 5203 Chippewa, Suite 301, St. Louis, Missouri 63109. Should you choose to withdraw from the arbitration provision, all other provisions of the Terms shall remain in full force and effect.

If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state courts of <County> in the State of Missouri or a United States District Court, Missouri, and waive any objection to such jurisdiction or venue.

Section 19 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We may make changes, supplement or update these Terms from time to time.  The revised Terms will be effective on or after the posted date. You acknowledge and agree that if you use the Services after the date on which the Terms have changed ideal•fit will treat your use as acceptance of the updated Terms.

If we make a material change to the Terms, we will provide you with notice thirty (30) days prior to the effective date of the changes by posting a notice on our website and by sending you an email to the email address we have for you. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to the terms, you will be deemed to have agreed to the new Terms. You understand that our relationship with you may be governed by additional terms or agreement.

Section 20 – Contact Information

Questions about the Terms of Service should be sent to us at info@ideal.fit.

Privacy Policy

Date: March 1, 2020

ideal•fit (hereinafter “ideal•fit” “we,” “our,” or “us”) is committed to safeguarding and handling your Personal Information in a responsible and secure manner.

This Privacy Policy describes how we process your Personal Information as you use our website located at https://ideal•fit.com/ and any services, tools, technology, products, features, and mobile apps (together, the “Services”) provided, operated or owned by ideal•fit. When we collect, access, use or do anything with your Personal Information, we are “processing” your Personal Information.

Please read our Terms of Use before accessing our Services. By accepting the Terms of Use, you agree with our privacy practices as described in this Policy. If you cannot agree with this Policy, Terms of Use, or other policies, please do not access or use our Services.

We may modify this Policy at any time, without prior notice, and changes may apply to any Personal Information we already hold about you, as well as any new Personal Information collected after the Policy is modified. If we make changes, we will notify you by revising the date at the top of this Policy. We will provide you with advanced notice if we make any material changes to how we collect, use or disclose your Personal Information or that impact your rights under this Policy. If you continue to access or use our Services after receiving the notice of changes, you acknowledge your acceptance of the updated Policy.

In addition, we may provide you with real time disclosures or additional information about the Personal Information handling practices of specific parts of our Services. Such notices may supplement this Policy or provide you with additional choices about how we process your Personal Information.

Section 1 – Information We Collect Through Your Use of the Services

Personal Information is any information that identifies you or makes you identifiable. We collect different types of Personal Information when you’re accessing or using our Services, including:

1.         Information you provide to us. In connection with the Services, we may ask you to provide these categories of Personal Information:

•          Account Information: Information you provide about yourself to access our Services, including name, email address, phone number, mailing address, and password, so that we may communicate with you and provide you with the Services.

•          Self-Reported Information: Information you provide about yourself, including your question responses, demographics, life style, diet, weight loss goals, or any other data you submit while using our Services.

•          Payment Information: If and when you make an order through our Services, you will need to provide us with a credit card for payment, including billing information such as your billing address, phone number, and name on the payment card. A third-party service provider stores and processes this information securely and only for purposes of marking an order through our Services.

•          Voluntary Information: Information you provide to us voluntarily by completing web forms, participating in polls, or contributing to blogs, postings, contacting customer service, and other mediums constitutes Voluntary Information.

2.         Usage Information automatically collected. When you use the Services, we automatically collect information about the Services you use and how you use them (“Usage Information”), as described below.

•          Service Data: We collect information about your interactions with the Services, such as the pages or other content you view, and other actions you perform while using the Services.

•          Log Data: We automatically collect log information when you use the Services. This might include your IP address, access times, hardware and software information, device information, device event information (e.g. crashes, unsuccessful logins, browser type), the web page you’ve viewed or engaged with before or after using the Services, and other relevant information. We collect and monitor this data in order to keep track of the security and privacy of your account.

•          Cookies and Similar Tracking Technologies: We may use various tracking technologies to collect and store information about your use of our Services. We use these tools to ensure that you receive a personalized experience, to provide you with certain functions on our Services, to keep your account safe, and to improve and optimize our Services. Please refer to the “Cookies and Similar Tracking Technologies” section below for more information.

3.         Information from our devices. If you purchase any of our tests or health information gathering devices, the readings and/or results may be automatically transmitted to us or we may ask you to self-report the outcomes to us within your account or through another means of secure transmission. For example, our Glucose Ketone Index our ideal•fit Meter will handle, store, and analyze your bio sample, including a blood sample and you may submit your results to us in your account.

4.         Information from third parties. From time to time, ideal•fit may allow you to connect or transfer your information to or from a third-party application or service. If you choose to participate, we may collect Personal Information about you from the third party. Once the Personal Information has been transferred to ideal•fit from a third party, you may or may not be able to rescind or remove the information.

Section 2 – How We Use Your Information

Your Personal Information can be used for various purposes, including:

•          To Provide Our Services. When you access or use our Services, we process certain Personal Information about you to be able to provide you with our Services. Some examples of how we process your Personal Information in our Services include, but are not limited to:

•          To coordinate and communicate about logistics and tracking of your test order,

•          To pay for the Services, and

•          To analyze or predict certain characteristics or outcomes within your account.

We cannot provide you with our Services without such processing of your Personal Information.

•          To Communicate with You. When you sign up for our Services, you will receive Service-related communications. Our Service-related communications are transactional messages about your account, billing information, your results, surveys, support, customer service, research you may be interested in or are participating in, policy changes, or other Service-related notifications. We may also use your Personal Information for marketing, promotional, or sweepstakes related communications and initiatives. You can manage your email preferences and opt out of certain communications. However, service-related communications are necessary for us to continue to provide our Services to you.

•          To Enforce our Terms, Agreements, or Policies. To maintain a safe, secure, and trusted environment for you when you use the Services, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, and mitigate any suspected or actual prohibited activities on our Services. We are required to process your Personal Information for this purpose to provide our Services.

•          For Product Research and Development. We want to ensure our Services are continually improving and expanding so that we meet and exceed your needs and expectations. To do so, we may process your Personal Information to improve, optimize, or expand our Services or features of our Services. We do so by processing information about your use of the Services, any information you provide to us, and by measuring, tracking, and analyzing trends and usage in connection to your use or the performance of our Services. We take additional security measures when processing your Personal Information for such purposes, such as by de-identifying (or “pseudonymizing”) your Personal Information and limiting access to such data. Without processing your information for such purposes, we may not be able to ensure your continued satisfaction when using our Services.

•          For Scientific Research and Clinical Trial Support. ideal•fit may use your de-identified or pseudonymized Personal Information conduct, whether independently, in collaboration with third parties, or sponsored by a third party, scientific research aimed at the creation of generalizable knowledge. Research may ultimately be published in a peer-reviewed journal or commercialized either by ideal•fit or a third party, but will not include your name or other Account Information. In addition, the ideal•fit Services, including our devices, may be used to support clinical trials. Information collected through our Services as part of a clinical trial may be used by ideal•fit for any of the above-listed purposes, or any purpose permissible under applicable law.

•          To Comply with Applicable Laws. We may be required to process your Personal Information under certain laws and regulations, such as tax laws. We will also process any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the ideal•fit Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ideal•fit, its employees, its users, its clients, and the public. We cannot provide the Services to you without such processing.

Section 3 – How We Share Your Information

We may share your Personal Information as follows:

1.         Third-Party Service Providers. We may use third parties to perform certain services on our behalf in connection with the Services such as:

•          to process and store data, including your Personal Information;

•          to track, analyze, and modify our Services;

•          for marketing, advertising, and distribution;

•          to assist us in providing you with customer support; and

•          to support our IT and security efforts.

Online Store. Shopify, Inc. hosts the online e-commerce platform that allows us to sell our products and Services to you. Personal Information is stored by Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase Shopify will store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service  or Privacy Statement.

Google Analytics. Google Analytics is as an analytics service provider. Learn more about how Google collects and uses data here. To opt out of Google Analytics Advertising Features please use Google Ad Settings. To opt out of Google Analytics entirely please use this link.

The third parties we work with do not have permission to use the information we share with them beyond what is necessary to assist us. We execute agreements with third parties to ensure they use adequate safeguards when processing your Personal Information in accordance with this Policy.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your Personal Information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

2.         Merger, Bankruptcy, or Corporate Reorganization. We may disclose and transfer your Personal Information to a subsequent owner, co-owner, or operator of ideal•fit or the Services, or in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets (i.e., a bankruptcy proceeding), or other corporate change. We will notify you with any choices you may have regarding your Personal Information when we are engaged in a merger, bankruptcy, or corporate reorganization.

3.         Legal Obligations and Safety. We may share your Personal Information if it is reasonably necessary to:

•          Comply with a valid legal process (e.g., subpoenas, warrants, court orders, etc.);

•          Comply with requests or investigations by public authorities;

•          Comply with applicable laws or regulations;

•          Enforce or apply the ideal•fit policies or policies of our business partners;

•          Protect the security or integrity of the Services; or

•          Protect the rights, property, or safety of ideal•fit, our employees or users, partners and affiliates, or other natural persons.

4.         For any other purpose, with your consent. We may share your Personal Information on your behalf or at your request. We will only do so with your specific consent. If you provide your consent to share your information, you may withdraw your consent at any time. Withdrawing your consent will not undo or reverse the lawfulness of any previous processing, and in some cases Personal Information may not be retrieved once shared. Contact us at info@ideal.fitif you would like to withdraw your consent.

Section 4 – Your Choices

1.         Your Account. You may access your ideal•fit Account Information by going to the “Your Account” page. You can edit your Account Information as necessary, such as your email address, name, phone number, and more. When you update your Account Information, we may keep a copy of your previous account details for our records and to prevent fraud or other activities that violate our terms, policies and agreements. However, if you do not provide us with some of your Personal Information, such as your name or email, we will no longer be able to provide you with access to our Services.

2.         Self-Reported and Voluntary Information. You may choose not to provide us with some of your Personal Information. For example, you are not required to complete any survey we send to you. In some instances, you may be able to edit your answers to forms, surveys or features you submit to us. If you cannot find the information you are looking for in your account, please contact us at info@ideal.fitwith your request.

3.         Communication Preferences. If you do not want to receive emails from us, please adjust your communication preferences or click the unsubscribe link within the email you received from us. You will not be able to unsubscribe from Service-related communications as they are necessary for us to continue offering you the Services.

4.         Account Deletion. At any time, you can delete your account or delete our App from your mobile device. Deleting our App does not delete your account or the related Personal Information. If you wish to delete your account completely, please email us at info@ideal.fit. Please note that ideal•fit’s deletion of your Personal Information is subject to limitations, including any applicable legal retention requirements.

If you are located in the European Economic Area, the United Kingdom or Switzerland, please refer to the section below entitled, “Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland” for information about additional choices and rights to your Personal Information.

Section 5 – Third-Party Services

You may find links to other websites, third party applications, and widgets on our Services that we do not own or control. When you click on links in our Service, they may direct you away from our Website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Once you leave our Service or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Section 6 – Security

To protect your Personal Information, we take reasonable precautions and follow industry standard practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. You should be aware that, unfortunately, no system can be 100% secure. There will always be a risk that your Personal Information gets compromised. We also depend on you to keep your Account Information secure by keeping your password confidential and taking precautions to keep others from accessing your account. Please notify us immediately at info@ideal.fitif you become aware of any unauthorized access to or use of your account.

Section 7 – Children’s Privacy

By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this site. Please contact us if you believe we have collected Personal Information about a child without consent from their parent or guardian so we can take action to prevent such access and to delete their Personal Information from our Services.

Section 8 – Retention

We generally retain your Personal Information as long as necessary to fulfill the purposes of collection or to comply with applicable law. Otherwise we will try to delete your Personal Information upon your request or when we no longer need it for the purposes it was originally collected. We will not delete any Personal Information that also relates to other individuals, unless such other individuals also wish to delete their Personal Information at the same time.

Section 9 – Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland

This section only applies to individuals using or accessing our Service while located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “European Countries”) at the time of data collection.

We may ask you to identify which country you are located in when you use or access some of the Services, or we may rely on your IP address to identify which country you are located in. When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in European Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to individuals in a European Country.

Our Relationship to You. ideal•fit is a data controller with regard to any Personal Information collected from individuals accessing or using its Services. A “data controller” is an entity that determines the purposes for which and the manner in which any Personal Information is processed.

Legal Bases for Processing Your Personal Information. We rely on the following Legal Bases under the EU General Data Protection Regulation in processing your Personal Information.

•          The legal basis to process Personal Information for the following sections of this Privacy Policy is to provide our Services to you. Our processing is based on our contract obligations or to take steps at the request of the individual prior to entering into a contract.

o          Section 2(1) To Provide Our Services.

o          Section 2(2) To Provide You with Service-Related Communications.

o          Section 2(2) To Enforce our Terms, Agreements, or Policies.

o          Section 3(1) Third-Party Service Providers.

o          Section 3(2) Merger, Bankruptcy, or Corporate Reorganization.

o          Section 3(3) Legal Obligations and Safety.

•          The legal basis for the “Product Research and Development” section of this Privacy Policy is our legitimate interest to better understand you, to maintain and improve the accuracy of the information we store about you, and to better promote or optimize our Services.

•          The legal basis to process your sensitive Personal Information through our Services, including in order to “Provide Our Services”, perform “Product Research and Development”, and conduct “Scientific Research and Clinical Trial Support”, is your consent. You may withdraw your consent at any time by deleting your account, which can be completed by emailing us at info@ideal.fit; however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.

•          The legal basis to process for the “Comply with Applicable Laws” section of this Privacy Policy is to comply with our legal obligations, or in the public interest or your vital interest.

Marketing. We will only contact you if you are located in a European Country by electronic means (including email or SMS) based on our legitimate interests, as permitted by applicable law or your consent. If you do not want us to use your Personal Information in this way, please click the unsubscribe link at the bottom of any of our email messages to you or contact us at info@ideal.fit. You can object to direct marketing at any time and free of charge.

Individual Rights. We provide you with the rights described below when you use our Services. We may limit your individual rights requests: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other’s privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or unrealistic. If you would like to exercise your rights under applicable law, please contact us at info@ideal.fit.

•          You can request access or deletion of your Personal Information.

•          You can correct or update your Personal Information, object to processing or your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information.

•          If we collected and processed your Personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of the processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

•          You have the right to complain to your local data protection authority about our collection ad use of your Personal Information.

If you believe we have infringed or violated your privacy rights, please contact us at info@ideal.fitso that we may resolve your dispute directly.

Transfer of Your Personal Information. When you access or use our Services, your Personal Information may be processed in the United States or any other country in which ideal•fit, its affiliates, or service providers maintain facilities. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop accessing or using the Services.

We transfer your Personal Information subject to appropriate safeguards as permitted under the Data Protection Laws. We also rely on legal transfer mechanisms such as Standard Contractual Clauses or we work with U.S. based third parties that are certified under the EU-U.S. and Swiss-U.S. Privacy Shield Framework.

Section 10 – Notice to Individuals in Missouri

Missouri law permits Missouri residents to ask us for a notice that identifies the categories of Personal Information that we share with our affiliates and/or third parties for marketing purposes, and that provides contact information for such affiliates and/or third parties. If you are a Missouri resident and would like a copy of this notice, please submit a written request to us at the address provided under the “Contact Information” section.

Section 11 – Do Not Track Signals

Currently, we do not monitor or take any action with respect to Do Not Track signals or other mechanisms, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

Section 12 – Changes to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Questions & Contact Information

If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information please contact our Privacy Compliance Officer at info@ideal.fitor by mail at:

ideal•fit

Re: Privacy Compliance Officer

5203 Chippewa, Suite 301

St. Louis, MO 63109

Disclaimer

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

ideal•fit.com uses cookies to ensure that you have the best possible experience. By continuing without changing your settings, you are accepting the use of cookies.

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We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 – Personal Information

Our collection, use, and transfer of personal information through the Service is governed by our

Privacy Policy. View our Privacy Policy here.

Section 11 – Errors, Inaccuracies & Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 – Disclaimer of Warranties; Limitation of Liability

ideal•fit DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no case shall ideal•fit, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 13 – Indemnification

You agree to indemnify, defend and hold harmless ideal•fit and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 14 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 15 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The provisions of these Terms concerning security, representations and warranties, assignment, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, dispute resolution, and jurisdictional issues shall survive any such termination. You agree that if your use of this Site or the Services is terminated pursuant to these Terms, you will not attempt to use this Site or our Services, and further agree that if you violate this restriction after being terminated, you will indemnify and hold ideal•fit harmless from any and all liability that may incur therefore.

Section 16 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 17 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Missouri.

Section 18 – Dispute Resolution

PLEASE READ THIS SECTION 18 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 18 REQUIRES YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

If you believe you have a dispute or claim against us arising out of your use of the Services or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, you understand and agree that any dispute, claim, or controversy arising under or in connection with these Terms, including your use and access to the Services or any other content, including, but not limited to, claims as to whether any services rendered by ideal•fit or persons employed or engaged by ideal•fit were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as Missouri law provides for judicial review of arbitration proceedings. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.

YOU ACKNOWLEDGE AND AGREE THAT BOTH PARTIES TO THE TERMS WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The arbitration shall be held in <County>, Missouri, USA

If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and ideal•fit will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules and will be administered by the International Court of Arbitration of the International Chamber of Commerce. You agree that such arbitration will be located in the Missouri, and waive any objection to such jurisdiction or venue.

This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within 30 days of the date that you first agreed to these Terms.  To opt out, you must send your name, residence address and email address used for your ideal•fit account, and a clear statement that you want to opt out of this arbitration provisions to ideal•fit, 5203 Chippewa, Suite 301, St. Louis, Missouri 63109. Should you choose to withdraw from the arbitration provision, all other provisions of the Terms shall remain in full force and effect.

If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state courts of <County> in the State of Missouri or a United States District Court, Missouri, and waive any objection to such jurisdiction or venue.

Section 19 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We may make changes, supplement or update these Terms from time to time.  The revised Terms will be effective on or after the posted date. You acknowledge and agree that if you use the Services after the date on which the Terms have changed ideal•fit will treat your use as acceptance of the updated Terms.

If we make a material change to the Terms, we will provide you with notice thirty (30) days prior to the effective date of the changes by posting a notice on our website and by sending you an email to the email address we have for you. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to the terms, you will be deemed to have agreed to the new Terms. You understand that our relationship with you may be governed by additional terms or agreement.

Section 20 – Contact Information

Questions about the Terms of Service should be sent to us at info@ideal.fit.

Privacy Policy

Date: March 1, 2020

ideal•fit (hereinafter “ideal•fit” “we,” “our,” or “us”) is committed to safeguarding and handling your Personal Information in a responsible and secure manner.

This Privacy Policy describes how we process your Personal Information as you use our website located at https://ideal•fit.com/ and any services, tools, technology, products, features, and mobile apps (together, the “Services”) provided, operated or owned by ideal•fit. When we collect, access, use or do anything with your Personal Information, we are “processing” your Personal Information.

Please read our Terms of Use before accessing our Services. By accepting the Terms of Use, you agree with our privacy practices as described in this Policy. If you cannot agree with this Policy, Terms of Use, or other policies, please do not access or use our Services.

We may modify this Policy at any time, without prior notice, and changes may apply to any Personal Information we already hold about you, as well as any new Personal Information collected after the Policy is modified. If we make changes, we will notify you by revising the date at the top of this Policy. We will provide you with advanced notice if we make any material changes to how we collect, use or disclose your Personal Information or that impact your rights under this Policy. If you continue to access or use our Services after receiving the notice of changes, you acknowledge your acceptance of the updated Policy.

In addition, we may provide you with real time disclosures or additional information about the Personal Information handling practices of specific parts of our Services. Such notices may supplement this Policy or provide you with additional choices about how we process your Personal Information.

Section 1 – Information We Collect Through Your Use of the Services

Personal Information is any information that identifies you or makes you identifiable. We collect different types of Personal Information when you’re accessing or using our Services, including:

1.         Information you provide to us. In connection with the Services, we may ask you to provide these categories of Personal Information:

•          Account Information: Information you provide about yourself to access our Services, including name, email address, phone number, mailing address, and password, so that we may communicate with you and provide you with the Services.

•          Self-Reported Information: Information you provide about yourself, including your question responses, demographics, life style, diet, weight loss goals, or any other data you submit while using our Services.

•          Payment Information: If and when you make an order through our Services, you will need to provide us with a credit card for payment, including billing information such as your billing address, phone number, and name on the payment card. A third-party service provider stores and processes this information securely and only for purposes of marking an order through our Services.

•          Voluntary Information: Information you provide to us voluntarily by completing web forms, participating in polls, or contributing to blogs, postings, contacting customer service, and other mediums constitutes Voluntary Information.

2.         Usage Information automatically collected. When you use the Services, we automatically collect information about the Services you use and how you use them (“Usage Information”), as described below.

•          Service Data: We collect information about your interactions with the Services, such as the pages or other content you view, and other actions you perform while using the Services.

•          Log Data: We automatically collect log information when you use the Services. This might include your IP address, access times, hardware and software information, device information, device event information (e.g. crashes, unsuccessful logins, browser type), the web page you’ve viewed or engaged with before or after using the Services, and other relevant information. We collect and monitor this data in order to keep track of the security and privacy of your account.

•          Cookies and Similar Tracking Technologies: We may use various tracking technologies to collect and store information about your use of our Services. We use these tools to ensure that you receive a personalized experience, to provide you with certain functions on our Services, to keep your account safe, and to improve and optimize our Services. Please refer to the “Cookies and Similar Tracking Technologies” section below for more information.

3.         Information from our devices. If you purchase any of our tests or health information gathering devices, the readings and/or results may be automatically transmitted to us or we may ask you to self-report the outcomes to us within your account or through another means of secure transmission. For example, our Glucose Ketone Index our ideal•fit Meter will handle, store, and analyze your bio sample, including a blood sample and you may submit your results to us in your account.

4.         Information from third parties. From time to time, ideal•fit may allow you to connect or transfer your information to or from a third-party application or service. If you choose to participate, we may collect Personal Information about you from the third party. Once the Personal Information has been transferred to ideal•fit from a third party, you may or may not be able to rescind or remove the information.

Section 2 – How We Use Your Information

Your Personal Information can be used for various purposes, including:

•          To Provide Our Services. When you access or use our Services, we process certain Personal Information about you to be able to provide you with our Services. Some examples of how we process your Personal Information in our Services include, but are not limited to:

•          To coordinate and communicate about logistics and tracking of your test order,

•          To pay for the Services, and

•          To analyze or predict certain characteristics or outcomes within your account.

We cannot provide you with our Services without such processing of your Personal Information.

•          To Communicate with You. When you sign up for our Services, you will receive Service-related communications. Our Service-related communications are transactional messages about your account, billing information, your results, surveys, support, customer service, research you may be interested in or are participating in, policy changes, or other Service-related notifications. We may also use your Personal Information for marketing, promotional, or sweepstakes related communications and initiatives. You can manage your email preferences and opt out of certain communications. However, service-related communications are necessary for us to continue to provide our Services to you.

•          To Enforce our Terms, Agreements, or Policies. To maintain a safe, secure, and trusted environment for you when you use the Services, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, and mitigate any suspected or actual prohibited activities on our Services. We are required to process your Personal Information for this purpose to provide our Services.

•          For Product Research and Development. We want to ensure our Services are continually improving and expanding so that we meet and exceed your needs and expectations. To do so, we may process your Personal Information to improve, optimize, or expand our Services or features of our Services. We do so by processing information about your use of the Services, any information you provide to us, and by measuring, tracking, and analyzing trends and usage in connection to your use or the performance of our Services. We take additional security measures when processing your Personal Information for such purposes, such as by de-identifying (or “pseudonymizing”) your Personal Information and limiting access to such data. Without processing your information for such purposes, we may not be able to ensure your continued satisfaction when using our Services.

•          For Scientific Research and Clinical Trial Support. ideal•fit may use your de-identified or pseudonymized Personal Information conduct, whether independently, in collaboration with third parties, or sponsored by a third party, scientific research aimed at the creation of generalizable knowledge. Research may ultimately be published in a peer-reviewed journal or commercialized either by ideal•fit or a third party, but will not include your name or other Account Information. In addition, the ideal•fit Services, including our devices, may be used to support clinical trials. Information collected through our Services as part of a clinical trial may be used by ideal•fit for any of the above-listed purposes, or any purpose permissible under applicable law.

•          To Comply with Applicable Laws. We may be required to process your Personal Information under certain laws and regulations, such as tax laws. We will also process any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the ideal•fit Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ideal•fit, its employees, its users, its clients, and the public. We cannot provide the Services to you without such processing.

Section 3 – How We Share Your Information

We may share your Personal Information as follows:

1.         Third-Party Service Providers. We may use third parties to perform certain services on our behalf in connection with the Services such as:

•          to process and store data, including your Personal Information;

•          to track, analyze, and modify our Services;

•          for marketing, advertising, and distribution;

•          to assist us in providing you with customer support; and

•          to support our IT and security efforts.

Online Store. Shopify, Inc. hosts the online e-commerce platform that allows us to sell our products and Services to you. Personal Information is stored by Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase Shopify will store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service  or Privacy Statement.

Google Analytics. Google Analytics is as an analytics service provider. Learn more about how Google collects and uses data here. To opt out of Google Analytics Advertising Features please use Google Ad Settings. To opt out of Google Analytics entirely please use this link.

The third parties we work with do not have permission to use the information we share with them beyond what is necessary to assist us. We execute agreements with third parties to ensure they use adequate safeguards when processing your Personal Information in accordance with this Policy.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your Personal Information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

2.         Merger, Bankruptcy, or Corporate Reorganization. We may disclose and transfer your Personal Information to a subsequent owner, co-owner, or operator of ideal•fit or the Services, or in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets (i.e., a bankruptcy proceeding), or other corporate change. We will notify you with any choices you may have regarding your Personal Information when we are engaged in a merger, bankruptcy, or corporate reorganization.

3.         Legal Obligations and Safety. We may share your Personal Information if it is reasonably necessary to:

•          Comply with a valid legal process (e.g., subpoenas, warrants, court orders, etc.);

•          Comply with requests or investigations by public authorities;

•          Comply with applicable laws or regulations;

•          Enforce or apply the ideal•fit policies or policies of our business partners;

•          Protect the security or integrity of the Services; or

•          Protect the rights, property, or safety of ideal•fit, our employees or users, partners and affiliates, or other natural persons.

4.         For any other purpose, with your consent. We may share your Personal Information on your behalf or at your request. We will only do so with your specific consent. If you provide your consent to share your information, you may withdraw your consent at any time. Withdrawing your consent will not undo or reverse the lawfulness of any previous processing, and in some cases Personal Information may not be retrieved once shared. Contact us at info@ideal.fitif you would like to withdraw your consent.

Section 4 – Your Choices

1.         Your Account. You may access your ideal•fit Account Information by going to the “Your Account” page. You can edit your Account Information as necessary, such as your email address, name, phone number, and more. When you update your Account Information, we may keep a copy of your previous account details for our records and to prevent fraud or other activities that violate our terms, policies and agreements. However, if you do not provide us with some of your Personal Information, such as your name or email, we will no longer be able to provide you with access to our Services.

2.         Self-Reported and Voluntary Information. You may choose not to provide us with some of your Personal Information. For example, you are not required to complete any survey we send to you. In some instances, you may be able to edit your answers to forms, surveys or features you submit to us. If you cannot find the information you are looking for in your account, please contact us at info@ideal.fitwith your request.

3.         Communication Preferences. If you do not want to receive emails from us, please adjust your communication preferences or click the unsubscribe link within the email you received from us. You will not be able to unsubscribe from Service-related communications as they are necessary for us to continue offering you the Services.

4.         Account Deletion. At any time, you can delete your account or delete our App from your mobile device. Deleting our App does not delete your account or the related Personal Information. If you wish to delete your account completely, please email us at info@ideal.fit. Please note that ideal•fit’s deletion of your Personal Information is subject to limitations, including any applicable legal retention requirements.

If you are located in the European Economic Area, the United Kingdom or Switzerland, please refer to the section below entitled, “Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland” for information about additional choices and rights to your Personal Information.

Section 5 – Third-Party Services

You may find links to other websites, third party applications, and widgets on our Services that we do not own or control. When you click on links in our Service, they may direct you away from our Website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Once you leave our Service or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Section 6 – Security

To protect your Personal Information, we take reasonable precautions and follow industry standard practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. You should be aware that, unfortunately, no system can be 100% secure. There will always be a risk that your Personal Information gets compromised. We also depend on you to keep your Account Information secure by keeping your password confidential and taking precautions to keep others from accessing your account. Please notify us immediately at info@ideal.fitif you become aware of any unauthorized access to or use of your account.

Section 7 – Children’s Privacy

By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this site. Please contact us if you believe we have collected Personal Information about a child without consent from their parent or guardian so we can take action to prevent such access and to delete their Personal Information from our Services.

Section 8 – Retention

We generally retain your Personal Information as long as necessary to fulfill the purposes of collection or to comply with applicable law. Otherwise we will try to delete your Personal Information upon your request or when we no longer need it for the purposes it was originally collected. We will not delete any Personal Information that also relates to other individuals, unless such other individuals also wish to delete their Personal Information at the same time.

Section 9 – Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland

This section only applies to individuals using or accessing our Service while located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “European Countries”) at the time of data collection.

We may ask you to identify which country you are located in when you use or access some of the Services, or we may rely on your IP address to identify which country you are located in. When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in European Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to individuals in a European Country.

Our Relationship to You. ideal•fit is a data controller with regard to any Personal Information collected from individuals accessing or using its Services. A “data controller” is an entity that determines the purposes for which and the manner in which any Personal Information is processed.

Legal Bases for Processing Your Personal Information. We rely on the following Legal Bases under the EU General Data Protection Regulation in processing your Personal Information.

•          The legal basis to process Personal Information for the following sections of this Privacy Policy is to provide our Services to you. Our processing is based on our contract obligations or to take steps at the request of the individual prior to entering into a contract.

o          Section 2(1) To Provide Our Services.

o          Section 2(2) To Provide You with Service-Related Communications.

o          Section 2(2) To Enforce our Terms, Agreements, or Policies.

o          Section 3(1) Third-Party Service Providers.

o          Section 3(2) Merger, Bankruptcy, or Corporate Reorganization.

o          Section 3(3) Legal Obligations and Safety.

•          The legal basis for the “Product Research and Development” section of this Privacy Policy is our legitimate interest to better understand you, to maintain and improve the accuracy of the information we store about you, and to better promote or optimize our Services.

•          The legal basis to process your sensitive Personal Information through our Services, including in order to “Provide Our Services”, perform “Product Research and Development”, and conduct “Scientific Research and Clinical Trial Support”, is your consent. You may withdraw your consent at any time by deleting your account, which can be completed by emailing us at info@ideal.fit; however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.

•          The legal basis to process for the “Comply with Applicable Laws” section of this Privacy Policy is to comply with our legal obligations, or in the public interest or your vital interest.

Marketing. We will only contact you if you are located in a European Country by electronic means (including email or SMS) based on our legitimate interests, as permitted by applicable law or your consent. If you do not want us to use your Personal Information in this way, please click the unsubscribe link at the bottom of any of our email messages to you or contact us at info@ideal.fit. You can object to direct marketing at any time and free of charge.

Individual Rights. We provide you with the rights described below when you use our Services. We may limit your individual rights requests: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other’s privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or unrealistic. If you would like to exercise your rights under applicable law, please contact us at info@ideal.fit.

•          You can request access or deletion of your Personal Information.

•          You can correct or update your Personal Information, object to processing or your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information.

•          If we collected and processed your Personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of the processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

•          You have the right to complain to your local data protection authority about our collection ad use of your Personal Information.

If you believe we have infringed or violated your privacy rights, please contact us at info@ideal.fitso that we may resolve your dispute directly.

Transfer of Your Personal Information. When you access or use our Services, your Personal Information may be processed in the United States or any other country in which ideal•fit, its affiliates, or service providers maintain facilities. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop accessing or using the Services.

We transfer your Personal Information subject to appropriate safeguards as permitted under the Data Protection Laws. We also rely on legal transfer mechanisms such as Standard Contractual Clauses or we work with U.S. based third parties that are certified under the EU-U.S. and Swiss-U.S. Privacy Shield Framework.

Section 10 – Notice to Individuals in Missouri

Missouri law permits Missouri residents to ask us for a notice that identifies the categories of Personal Information that we share with our affiliates and/or third parties for marketing purposes, and that provides contact information for such affiliates and/or third parties. If you are a Missouri resident and would like a copy of this notice, please submit a written request to us at the address provided under the “Contact Information” section.

Section 11 – Do Not Track Signals

Currently, we do not monitor or take any action with respect to Do Not Track signals or other mechanisms, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

Section 12 – Changes to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Questions & Contact Information

If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information please contact our Privacy Compliance Officer at info@ideal.fitor by mail at:

ideal•fit

Re: Privacy Compliance Officer

5203 Chippewa, Suite 301

St. Louis, MO 63109

Disclaimer

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

ideal•fit.com uses cookies to ensure that you have the best possible experience. By continuing without changing your settings, you are accepting the use of cookies.

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If, at our request or without a request from us, you send certain specific submissions (for example contest entries) or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 – Personal Information

Our collection, use, and transfer of personal information through the Service is governed by our

Privacy Policy. View our Privacy Policy here.

Section 11 – Errors, Inaccuracies & Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 – Disclaimer of Warranties; Limitation of Liability

ideal•fit DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no case shall ideal•fit, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 13 – Indemnification

You agree to indemnify, defend and hold harmless ideal•fit and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 14 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 15 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The provisions of these Terms concerning security, representations and warranties, assignment, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, dispute resolution, and jurisdictional issues shall survive any such termination. You agree that if your use of this Site or the Services is terminated pursuant to these Terms, you will not attempt to use this Site or our Services, and further agree that if you violate this restriction after being terminated, you will indemnify and hold ideal•fit harmless from any and all liability that may incur therefore.

Section 16 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 17 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Missouri.

Section 18 – Dispute Resolution

PLEASE READ THIS SECTION 18 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 18 REQUIRES YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

If you believe you have a dispute or claim against us arising out of your use of the Services or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, you understand and agree that any dispute, claim, or controversy arising under or in connection with these Terms, including your use and access to the Services or any other content, including, but not limited to, claims as to whether any services rendered by ideal•fit or persons employed or engaged by ideal•fit were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as Missouri law provides for judicial review of arbitration proceedings. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.

YOU ACKNOWLEDGE AND AGREE THAT BOTH PARTIES TO THE TERMS WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The arbitration shall be held in <County>, Missouri, USA

If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and ideal•fit will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules and will be administered by the International Court of Arbitration of the International Chamber of Commerce. You agree that such arbitration will be located in the Missouri, and waive any objection to such jurisdiction or venue.

This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within 30 days of the date that you first agreed to these Terms.  To opt out, you must send your name, residence address and email address used for your ideal•fit account, and a clear statement that you want to opt out of this arbitration provisions to ideal•fit, 5203 Chippewa, Suite 301, St. Louis, Missouri 63109. Should you choose to withdraw from the arbitration provision, all other provisions of the Terms shall remain in full force and effect.

If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state courts of <County> in the State of Missouri or a United States District Court, Missouri, and waive any objection to such jurisdiction or venue.

Section 19 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We may make changes, supplement or update these Terms from time to time.  The revised Terms will be effective on or after the posted date. You acknowledge and agree that if you use the Services after the date on which the Terms have changed ideal•fit will treat your use as acceptance of the updated Terms.

If we make a material change to the Terms, we will provide you with notice thirty (30) days prior to the effective date of the changes by posting a notice on our website and by sending you an email to the email address we have for you. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to the terms, you will be deemed to have agreed to the new Terms. You understand that our relationship with you may be governed by additional terms or agreement.

Section 20 – Contact Information

Questions about the Terms of Service should be sent to us at info@ideal.fit.

Privacy Policy

Date: March 1, 2020

ideal•fit (hereinafter “ideal•fit” “we,” “our,” or “us”) is committed to safeguarding and handling your Personal Information in a responsible and secure manner.

This Privacy Policy describes how we process your Personal Information as you use our website located at https://ideal•fit.com/ and any services, tools, technology, products, features, and mobile apps (together, the “Services”) provided, operated or owned by ideal•fit. When we collect, access, use or do anything with your Personal Information, we are “processing” your Personal Information.

Please read our Terms of Use before accessing our Services. By accepting the Terms of Use, you agree with our privacy practices as described in this Policy. If you cannot agree with this Policy, Terms of Use, or other policies, please do not access or use our Services.

We may modify this Policy at any time, without prior notice, and changes may apply to any Personal Information we already hold about you, as well as any new Personal Information collected after the Policy is modified. If we make changes, we will notify you by revising the date at the top of this Policy. We will provide you with advanced notice if we make any material changes to how we collect, use or disclose your Personal Information or that impact your rights under this Policy. If you continue to access or use our Services after receiving the notice of changes, you acknowledge your acceptance of the updated Policy.

In addition, we may provide you with real time disclosures or additional information about the Personal Information handling practices of specific parts of our Services. Such notices may supplement this Policy or provide you with additional choices about how we process your Personal Information.

Section 1 – Information We Collect Through Your Use of the Services

Personal Information is any information that identifies you or makes you identifiable. We collect different types of Personal Information when you’re accessing or using our Services, including:

1.         Information you provide to us. In connection with the Services, we may ask you to provide these categories of Personal Information:

•          Account Information: Information you provide about yourself to access our Services, including name, email address, phone number, mailing address, and password, so that we may communicate with you and provide you with the Services.

•          Self-Reported Information: Information you provide about yourself, including your question responses, demographics, life style, diet, weight loss goals, or any other data you submit while using our Services.

•          Payment Information: If and when you make an order through our Services, you will need to provide us with a credit card for payment, including billing information such as your billing address, phone number, and name on the payment card. A third-party service provider stores and processes this information securely and only for purposes of marking an order through our Services.

•          Voluntary Information: Information you provide to us voluntarily by completing web forms, participating in polls, or contributing to blogs, postings, contacting customer service, and other mediums constitutes Voluntary Information.

2.         Usage Information automatically collected. When you use the Services, we automatically collect information about the Services you use and how you use them (“Usage Information”), as described below.

•          Service Data: We collect information about your interactions with the Services, such as the pages or other content you view, and other actions you perform while using the Services.

•          Log Data: We automatically collect log information when you use the Services. This might include your IP address, access times, hardware and software information, device information, device event information (e.g. crashes, unsuccessful logins, browser type), the web page you’ve viewed or engaged with before or after using the Services, and other relevant information. We collect and monitor this data in order to keep track of the security and privacy of your account.

•          Cookies and Similar Tracking Technologies: We may use various tracking technologies to collect and store information about your use of our Services. We use these tools to ensure that you receive a personalized experience, to provide you with certain functions on our Services, to keep your account safe, and to improve and optimize our Services. Please refer to the “Cookies and Similar Tracking Technologies” section below for more information.

3.         Information from our devices. If you purchase any of our tests or health information gathering devices, the readings and/or results may be automatically transmitted to us or we may ask you to self-report the outcomes to us within your account or through another means of secure transmission. For example, our Glucose Ketone Index our ideal•fit Meter will handle, store, and analyze your bio sample, including a blood sample and you may submit your results to us in your account.

4.         Information from third parties. From time to time, ideal•fit may allow you to connect or transfer your information to or from a third-party application or service. If you choose to participate, we may collect Personal Information about you from the third party. Once the Personal Information has been transferred to ideal•fit from a third party, you may or may not be able to rescind or remove the information.

Section 2 – How We Use Your Information

Your Personal Information can be used for various purposes, including:

•          To Provide Our Services. When you access or use our Services, we process certain Personal Information about you to be able to provide you with our Services. Some examples of how we process your Personal Information in our Services include, but are not limited to:

•          To coordinate and communicate about logistics and tracking of your test order,

•          To pay for the Services, and

•          To analyze or predict certain characteristics or outcomes within your account.

We cannot provide you with our Services without such processing of your Personal Information.

•          To Communicate with You. When you sign up for our Services, you will receive Service-related communications. Our Service-related communications are transactional messages about your account, billing information, your results, surveys, support, customer service, research you may be interested in or are participating in, policy changes, or other Service-related notifications. We may also use your Personal Information for marketing, promotional, or sweepstakes related communications and initiatives. You can manage your email preferences and opt out of certain communications. However, service-related communications are necessary for us to continue to provide our Services to you.

•          To Enforce our Terms, Agreements, or Policies. To maintain a safe, secure, and trusted environment for you when you use the Services, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, and mitigate any suspected or actual prohibited activities on our Services. We are required to process your Personal Information for this purpose to provide our Services.

•          For Product Research and Development. We want to ensure our Services are continually improving and expanding so that we meet and exceed your needs and expectations. To do so, we may process your Personal Information to improve, optimize, or expand our Services or features of our Services. We do so by processing information about your use of the Services, any information you provide to us, and by measuring, tracking, and analyzing trends and usage in connection to your use or the performance of our Services. We take additional security measures when processing your Personal Information for such purposes, such as by de-identifying (or “pseudonymizing”) your Personal Information and limiting access to such data. Without processing your information for such purposes, we may not be able to ensure your continued satisfaction when using our Services.

•          For Scientific Research and Clinical Trial Support. ideal•fit may use your de-identified or pseudonymized Personal Information conduct, whether independently, in collaboration with third parties, or sponsored by a third party, scientific research aimed at the creation of generalizable knowledge. Research may ultimately be published in a peer-reviewed journal or commercialized either by ideal•fit or a third party, but will not include your name or other Account Information. In addition, the ideal•fit Services, including our devices, may be used to support clinical trials. Information collected through our Services as part of a clinical trial may be used by ideal•fit for any of the above-listed purposes, or any purpose permissible under applicable law.

•          To Comply with Applicable Laws. We may be required to process your Personal Information under certain laws and regulations, such as tax laws. We will also process any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the ideal•fit Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ideal•fit, its employees, its users, its clients, and the public. We cannot provide the Services to you without such processing.

Section 3 – How We Share Your Information

We may share your Personal Information as follows:

1.         Third-Party Service Providers. We may use third parties to perform certain services on our behalf in connection with the Services such as:

•          to process and store data, including your Personal Information;

•          to track, analyze, and modify our Services;

•          for marketing, advertising, and distribution;

•          to assist us in providing you with customer support; and

•          to support our IT and security efforts.

Online Store. Shopify, Inc. hosts the online e-commerce platform that allows us to sell our products and Services to you. Personal Information is stored by Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase Shopify will store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service  or Privacy Statement.

Google Analytics. Google Analytics is as an analytics service provider. Learn more about how Google collects and uses data here. To opt out of Google Analytics Advertising Features please use Google Ad Settings. To opt out of Google Analytics entirely please use this link.

The third parties we work with do not have permission to use the information we share with them beyond what is necessary to assist us. We execute agreements with third parties to ensure they use adequate safeguards when processing your Personal Information in accordance with this Policy.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your Personal Information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

2.         Merger, Bankruptcy, or Corporate Reorganization. We may disclose and transfer your Personal Information to a subsequent owner, co-owner, or operator of ideal•fit or the Services, or in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets (i.e., a bankruptcy proceeding), or other corporate change. We will notify you with any choices you may have regarding your Personal Information when we are engaged in a merger, bankruptcy, or corporate reorganization.

3.         Legal Obligations and Safety. We may share your Personal Information if it is reasonably necessary to:

•          Comply with a valid legal process (e.g., subpoenas, warrants, court orders, etc.);

•          Comply with requests or investigations by public authorities;

•          Comply with applicable laws or regulations;

•          Enforce or apply the ideal•fit policies or policies of our business partners;

•          Protect the security or integrity of the Services; or

•          Protect the rights, property, or safety of ideal•fit, our employees or users, partners and affiliates, or other natural persons.

4.         For any other purpose, with your consent. We may share your Personal Information on your behalf or at your request. We will only do so with your specific consent. If you provide your consent to share your information, you may withdraw your consent at any time. Withdrawing your consent will not undo or reverse the lawfulness of any previous processing, and in some cases Personal Information may not be retrieved once shared. Contact us at info@ideal.fitif you would like to withdraw your consent.

Section 4 – Your Choices

1.         Your Account. You may access your ideal•fit Account Information by going to the “Your Account” page. You can edit your Account Information as necessary, such as your email address, name, phone number, and more. When you update your Account Information, we may keep a copy of your previous account details for our records and to prevent fraud or other activities that violate our terms, policies and agreements. However, if you do not provide us with some of your Personal Information, such as your name or email, we will no longer be able to provide you with access to our Services.

2.         Self-Reported and Voluntary Information. You may choose not to provide us with some of your Personal Information. For example, you are not required to complete any survey we send to you. In some instances, you may be able to edit your answers to forms, surveys or features you submit to us. If you cannot find the information you are looking for in your account, please contact us at info@ideal.fitwith your request.

3.         Communication Preferences. If you do not want to receive emails from us, please adjust your communication preferences or click the unsubscribe link within the email you received from us. You will not be able to unsubscribe from Service-related communications as they are necessary for us to continue offering you the Services.

4.         Account Deletion. At any time, you can delete your account or delete our App from your mobile device. Deleting our App does not delete your account or the related Personal Information. If you wish to delete your account completely, please email us at info@ideal.fit. Please note that ideal•fit’s deletion of your Personal Information is subject to limitations, including any applicable legal retention requirements.

If you are located in the European Economic Area, the United Kingdom or Switzerland, please refer to the section below entitled, “Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland” for information about additional choices and rights to your Personal Information.

Section 5 – Third-Party Services

You may find links to other websites, third party applications, and widgets on our Services that we do not own or control. When you click on links in our Service, they may direct you away from our Website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Once you leave our Service or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Section 6 – Security

To protect your Personal Information, we take reasonable precautions and follow industry standard practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. You should be aware that, unfortunately, no system can be 100% secure. There will always be a risk that your Personal Information gets compromised. We also depend on you to keep your Account Information secure by keeping your password confidential and taking precautions to keep others from accessing your account. Please notify us immediately at info@ideal.fitif you become aware of any unauthorized access to or use of your account.

Section 7 – Children’s Privacy

By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this site. Please contact us if you believe we have collected Personal Information about a child without consent from their parent or guardian so we can take action to prevent such access and to delete their Personal Information from our Services.

Section 8 – Retention

We generally retain your Personal Information as long as necessary to fulfill the purposes of collection or to comply with applicable law. Otherwise we will try to delete your Personal Information upon your request or when we no longer need it for the purposes it was originally collected. We will not delete any Personal Information that also relates to other individuals, unless such other individuals also wish to delete their Personal Information at the same time.

Section 9 – Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland

This section only applies to individuals using or accessing our Service while located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “European Countries”) at the time of data collection.

We may ask you to identify which country you are located in when you use or access some of the Services, or we may rely on your IP address to identify which country you are located in. When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in European Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to individuals in a European Country.

Our Relationship to You. ideal•fit is a data controller with regard to any Personal Information collected from individuals accessing or using its Services. A “data controller” is an entity that determines the purposes for which and the manner in which any Personal Information is processed.

Legal Bases for Processing Your Personal Information. We rely on the following Legal Bases under the EU General Data Protection Regulation in processing your Personal Information.

•          The legal basis to process Personal Information for the following sections of this Privacy Policy is to provide our Services to you. Our processing is based on our contract obligations or to take steps at the request of the individual prior to entering into a contract.

o          Section 2(1) To Provide Our Services.

o          Section 2(2) To Provide You with Service-Related Communications.

o          Section 2(2) To Enforce our Terms, Agreements, or Policies.

o          Section 3(1) Third-Party Service Providers.

o          Section 3(2) Merger, Bankruptcy, or Corporate Reorganization.

o          Section 3(3) Legal Obligations and Safety.

•          The legal basis for the “Product Research and Development” section of this Privacy Policy is our legitimate interest to better understand you, to maintain and improve the accuracy of the information we store about you, and to better promote or optimize our Services.

•          The legal basis to process your sensitive Personal Information through our Services, including in order to “Provide Our Services”, perform “Product Research and Development”, and conduct “Scientific Research and Clinical Trial Support”, is your consent. You may withdraw your consent at any time by deleting your account, which can be completed by emailing us at info@ideal.fit; however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.

•          The legal basis to process for the “Comply with Applicable Laws” section of this Privacy Policy is to comply with our legal obligations, or in the public interest or your vital interest.

Marketing. We will only contact you if you are located in a European Country by electronic means (including email or SMS) based on our legitimate interests, as permitted by applicable law or your consent. If you do not want us to use your Personal Information in this way, please click the unsubscribe link at the bottom of any of our email messages to you or contact us at info@ideal.fit. You can object to direct marketing at any time and free of charge.

Individual Rights. We provide you with the rights described below when you use our Services. We may limit your individual rights requests: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other’s privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or unrealistic. If you would like to exercise your rights under applicable law, please contact us at info@ideal.fit.

•          You can request access or deletion of your Personal Information.

•          You can correct or update your Personal Information, object to processing or your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information.

•          If we collected and processed your Personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of the processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

•          You have the right to complain to your local data protection authority about our collection ad use of your Personal Information.

If you believe we have infringed or violated your privacy rights, please contact us at info@ideal.fitso that we may resolve your dispute directly.

Transfer of Your Personal Information. When you access or use our Services, your Personal Information may be processed in the United States or any other country in which ideal•fit, its affiliates, or service providers maintain facilities. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop accessing or using the Services.

We transfer your Personal Information subject to appropriate safeguards as permitted under the Data Protection Laws. We also rely on legal transfer mechanisms such as Standard Contractual Clauses or we work with U.S. based third parties that are certified under the EU-U.S. and Swiss-U.S. Privacy Shield Framework.

Section 10 – Notice to Individuals in Missouri

Missouri law permits Missouri residents to ask us for a notice that identifies the categories of Personal Information that we share with our affiliates and/or third parties for marketing purposes, and that provides contact information for such affiliates and/or third parties. If you are a Missouri resident and would like a copy of this notice, please submit a written request to us at the address provided under the “Contact Information” section.

Section 11 – Do Not Track Signals

Currently, we do not monitor or take any action with respect to Do Not Track signals or other mechanisms, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

Section 12 – Changes to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Questions & Contact Information

If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information please contact our Privacy Compliance Officer at info@ideal.fitor by mail at:

ideal•fit

Re: Privacy Compliance Officer

5203 Chippewa, Suite 301

St. Louis, MO 63109

Disclaimer

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

ideal•fit.com uses cookies to ensure that you have the best possible experience. By continuing without changing your settings, you are accepting the use of cookies.

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If, at our request or without a request from us, you send certain specific submissions (for example contest entries) or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 – Personal Information

Our collection, use, and transfer of personal information through the Service is governed by our

Privacy Policy. View our Privacy Policy here.

Section 11 – Errors, Inaccuracies & Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 – Disclaimer of Warranties; Limitation of Liability

ideal•fit DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON AND AVAILABLE THROUGH THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

In no case shall ideal•fit, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 13 – Indemnification

You agree to indemnify, defend and hold harmless ideal•fit and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 14 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 15 – Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

The provisions of these Terms concerning security, representations and warranties, assignment, prohibited activities, copyrights, trademarks, disclaimer, limitation of liability, indemnity, dispute resolution, and jurisdictional issues shall survive any such termination. You agree that if your use of this Site or the Services is terminated pursuant to these Terms, you will not attempt to use this Site or our Services, and further agree that if you violate this restriction after being terminated, you will indemnify and hold ideal•fit harmless from any and all liability that may incur therefore.

Section 16 – Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 17 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Missouri.

Section 18 – Dispute Resolution

PLEASE READ THIS SECTION 18 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION 18 REQUIRES YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

If you believe you have a dispute or claim against us arising out of your use of the Services or under these Terms, you agree to first discuss the matter informally with us for at least 30 days. To do that, you must give us written notice, which will include your full name and contact information, the nature and basis giving rise to your dispute or claim and your proposed resolution, sent to the address below.

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this section is enforceable, you understand and agree that any dispute, claim, or controversy arising under or in connection with these Terms, including your use and access to the Services or any other content, including, but not limited to, claims as to whether any services rendered by ideal•fit or persons employed or engaged by ideal•fit were unnecessary or unauthorized or were improperly, negligently, or incompetently rendered, shall be finally and exclusively resolved by binding arbitration under the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and Mediation Procedures and Consumer-Related Disputes Supplementary Procedures, and not by a lawsuit or resort to court process, except as Missouri law provides for judicial review of arbitration proceedings. Each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. It is your responsibility to pay any AAA filing, administrative and arbitrator fees as set forth in the AAA Rules.

YOU ACKNOWLEDGE AND AGREE THAT BOTH PARTIES TO THE TERMS WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. The parties further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate. Any such controversy or claim shall be arbitrated on an individual basis, unless both parties otherwise agree in writing. The arbitration shall be held in <County>, Missouri, USA

If you are not located in, are not based in, do not have offices in, and do not do business in the United States, any arbitration between you and ideal•fit will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules and will be administered by the International Court of Arbitration of the International Chamber of Commerce. You agree that such arbitration will be located in the Missouri, and waive any objection to such jurisdiction or venue.

This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this arbitration provision within 30 days of the date that you first agreed to these Terms.  To opt out, you must send your name, residence address and email address used for your ideal•fit account, and a clear statement that you want to opt out of this arbitration provisions to ideal•fit, 5203 Chippewa, Suite 301, St. Louis, Missouri 63109. Should you choose to withdraw from the arbitration provision, all other provisions of the Terms shall remain in full force and effect.

If for any reason a claim proceeds in court rather than arbitration, each party waives any right to a jury trial. You agree to the personal jurisdiction by and venue in the state courts of <County> in the State of Missouri or a United States District Court, Missouri, and waive any objection to such jurisdiction or venue.

Section 19 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We may make changes, supplement or update these Terms from time to time.  The revised Terms will be effective on or after the posted date. You acknowledge and agree that if you use the Services after the date on which the Terms have changed ideal•fit will treat your use as acceptance of the updated Terms.

If we make a material change to the Terms, we will provide you with notice thirty (30) days prior to the effective date of the changes by posting a notice on our website and by sending you an email to the email address we have for you. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to the terms, you will be deemed to have agreed to the new Terms. You understand that our relationship with you may be governed by additional terms or agreement.

Section 20 – Contact Information

Questions about the Terms of Service should be sent to us at info@ideal.fit.

Privacy Policy

Date: March 1, 2020

ideal•fit (hereinafter “ideal•fit” “we,” “our,” or “us”) is committed to safeguarding and handling your Personal Information in a responsible and secure manner.

This Privacy Policy describes how we process your Personal Information as you use our website located at https://ideal•fit.com/ and any services, tools, technology, products, features, and mobile apps (together, the “Services”) provided, operated or owned by ideal•fit. When we collect, access, use or do anything with your Personal Information, we are “processing” your Personal Information.

Please read our Terms of Use before accessing our Services. By accepting the Terms of Use, you agree with our privacy practices as described in this Policy. If you cannot agree with this Policy, Terms of Use, or other policies, please do not access or use our Services.

We may modify this Policy at any time, without prior notice, and changes may apply to any Personal Information we already hold about you, as well as any new Personal Information collected after the Policy is modified. If we make changes, we will notify you by revising the date at the top of this Policy. We will provide you with advanced notice if we make any material changes to how we collect, use or disclose your Personal Information or that impact your rights under this Policy. If you continue to access or use our Services after receiving the notice of changes, you acknowledge your acceptance of the updated Policy.

In addition, we may provide you with real time disclosures or additional information about the Personal Information handling practices of specific parts of our Services. Such notices may supplement this Policy or provide you with additional choices about how we process your Personal Information.

Section 1 – Information We Collect Through Your Use of the Services

Personal Information is any information that identifies you or makes you identifiable. We collect different types of Personal Information when you’re accessing or using our Services, including:

1.         Information you provide to us. In connection with the Services, we may ask you to provide these categories of Personal Information:

•          Account Information: Information you provide about yourself to access our Services, including name, email address, phone number, mailing address, and password, so that we may communicate with you and provide you with the Services.

•          Self-Reported Information: Information you provide about yourself, including your question responses, demographics, life style, diet, weight loss goals, or any other data you submit while using our Services.

•          Payment Information: If and when you make an order through our Services, you will need to provide us with a credit card for payment, including billing information such as your billing address, phone number, and name on the payment card. A third-party service provider stores and processes this information securely and only for purposes of marking an order through our Services.

•          Voluntary Information: Information you provide to us voluntarily by completing web forms, participating in polls, or contributing to blogs, postings, contacting customer service, and other mediums constitutes Voluntary Information.

2.         Usage Information automatically collected. When you use the Services, we automatically collect information about the Services you use and how you use them (“Usage Information”), as described below.

•          Service Data: We collect information about your interactions with the Services, such as the pages or other content you view, and other actions you perform while using the Services.

•          Log Data: We automatically collect log information when you use the Services. This might include your IP address, access times, hardware and software information, device information, device event information (e.g. crashes, unsuccessful logins, browser type), the web page you’ve viewed or engaged with before or after using the Services, and other relevant information. We collect and monitor this data in order to keep track of the security and privacy of your account.

•          Cookies and Similar Tracking Technologies: We may use various tracking technologies to collect and store information about your use of our Services. We use these tools to ensure that you receive a personalized experience, to provide you with certain functions on our Services, to keep your account safe, and to improve and optimize our Services. Please refer to the “Cookies and Similar Tracking Technologies” section below for more information.

3.         Information from our devices. If you purchase any of our tests or health information gathering devices, the readings and/or results may be automatically transmitted to us or we may ask you to self-report the outcomes to us within your account or through another means of secure transmission. For example, our Glucose Ketone Index our ideal•fit Meter will handle, store, and analyze your bio sample, including a blood sample and you may submit your results to us in your account.

4.         Information from third parties. From time to time, ideal•fit may allow you to connect or transfer your information to or from a third-party application or service. If you choose to participate, we may collect Personal Information about you from the third party. Once the Personal Information has been transferred to ideal•fit from a third party, you may or may not be able to rescind or remove the information.

Section 2 – How We Use Your Information

Your Personal Information can be used for various purposes, including:

•          To Provide Our Services. When you access or use our Services, we process certain Personal Information about you to be able to provide you with our Services. Some examples of how we process your Personal Information in our Services include, but are not limited to:

•          To coordinate and communicate about logistics and tracking of your test order,

•          To pay for the Services, and

•          To analyze or predict certain characteristics or outcomes within your account.

We cannot provide you with our Services without such processing of your Personal Information.

•          To Communicate with You. When you sign up for our Services, you will receive Service-related communications. Our Service-related communications are transactional messages about your account, billing information, your results, surveys, support, customer service, research you may be interested in or are participating in, policy changes, or other Service-related notifications. We may also use your Personal Information for marketing, promotional, or sweepstakes related communications and initiatives. You can manage your email preferences and opt out of certain communications. However, service-related communications are necessary for us to continue to provide our Services to you.

•          To Enforce our Terms, Agreements, or Policies. To maintain a safe, secure, and trusted environment for you when you use the Services, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, and mitigate any suspected or actual prohibited activities on our Services. We are required to process your Personal Information for this purpose to provide our Services.

•          For Product Research and Development. We want to ensure our Services are continually improving and expanding so that we meet and exceed your needs and expectations. To do so, we may process your Personal Information to improve, optimize, or expand our Services or features of our Services. We do so by processing information about your use of the Services, any information you provide to us, and by measuring, tracking, and analyzing trends and usage in connection to your use or the performance of our Services. We take additional security measures when processing your Personal Information for such purposes, such as by de-identifying (or “pseudonymizing”) your Personal Information and limiting access to such data. Without processing your information for such purposes, we may not be able to ensure your continued satisfaction when using our Services.

•          For Scientific Research and Clinical Trial Support. ideal•fit may use your de-identified or pseudonymized Personal Information conduct, whether independently, in collaboration with third parties, or sponsored by a third party, scientific research aimed at the creation of generalizable knowledge. Research may ultimately be published in a peer-reviewed journal or commercialized either by ideal•fit or a third party, but will not include your name or other Account Information. In addition, the ideal•fit Services, including our devices, may be used to support clinical trials. Information collected through our Services as part of a clinical trial may be used by ideal•fit for any of the above-listed purposes, or any purpose permissible under applicable law.

•          To Comply with Applicable Laws. We may be required to process your Personal Information under certain laws and regulations, such as tax laws. We will also process any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the ideal•fit Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ideal•fit, its employees, its users, its clients, and the public. We cannot provide the Services to you without such processing.

Section 3 – How We Share Your Information

We may share your Personal Information as follows:

1.         Third-Party Service Providers. We may use third parties to perform certain services on our behalf in connection with the Services such as:

•          to process and store data, including your Personal Information;

•          to track, analyze, and modify our Services;

•          for marketing, advertising, and distribution;

•          to assist us in providing you with customer support; and

•          to support our IT and security efforts.

Online Store. Shopify, Inc. hosts the online e-commerce platform that allows us to sell our products and Services to you. Personal Information is stored by Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase Shopify will store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service  or Privacy Statement.

Google Analytics. Google Analytics is as an analytics service provider. Learn more about how Google collects and uses data here. To opt out of Google Analytics Advertising Features please use Google Ad Settings. To opt out of Google Analytics entirely please use this link.

The third parties we work with do not have permission to use the information we share with them beyond what is necessary to assist us. We execute agreements with third parties to ensure they use adequate safeguards when processing your Personal Information in accordance with this Policy.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your Personal Information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. If you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

2.         Merger, Bankruptcy, or Corporate Reorganization. We may disclose and transfer your Personal Information to a subsequent owner, co-owner, or operator of ideal•fit or the Services, or in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets (i.e., a bankruptcy proceeding), or other corporate change. We will notify you with any choices you may have regarding your Personal Information when we are engaged in a merger, bankruptcy, or corporate reorganization.

3.         Legal Obligations and Safety. We may share your Personal Information if it is reasonably necessary to:

•          Comply with a valid legal process (e.g., subpoenas, warrants, court orders, etc.);

•          Comply with requests or investigations by public authorities;

•          Comply with applicable laws or regulations;

•          Enforce or apply the ideal•fit policies or policies of our business partners;

•          Protect the security or integrity of the Services; or

•          Protect the rights, property, or safety of ideal•fit, our employees or users, partners and affiliates, or other natural persons.

4.         For any other purpose, with your consent. We may share your Personal Information on your behalf or at your request. We will only do so with your specific consent. If you provide your consent to share your information, you may withdraw your consent at any time. Withdrawing your consent will not undo or reverse the lawfulness of any previous processing, and in some cases Personal Information may not be retrieved once shared. Contact us at info@ideal.fitif you would like to withdraw your consent.

Section 4 – Your Choices

1.         Your Account. You may access your ideal•fit Account Information by going to the “Your Account” page. You can edit your Account Information as necessary, such as your email address, name, phone number, and more. When you update your Account Information, we may keep a copy of your previous account details for our records and to prevent fraud or other activities that violate our terms, policies and agreements. However, if you do not provide us with some of your Personal Information, such as your name or email, we will no longer be able to provide you with access to our Services.

2.         Self-Reported and Voluntary Information. You may choose not to provide us with some of your Personal Information. For example, you are not required to complete any survey we send to you. In some instances, you may be able to edit your answers to forms, surveys or features you submit to us. If you cannot find the information you are looking for in your account, please contact us at info@ideal.fitwith your request.

3.         Communication Preferences. If you do not want to receive emails from us, please adjust your communication preferences or click the unsubscribe link within the email you received from us. You will not be able to unsubscribe from Service-related communications as they are necessary for us to continue offering you the Services.

4.         Account Deletion. At any time, you can delete your account or delete our App from your mobile device. Deleting our App does not delete your account or the related Personal Information. If you wish to delete your account completely, please email us at info@ideal.fit. Please note that ideal•fit’s deletion of your Personal Information is subject to limitations, including any applicable legal retention requirements.

If you are located in the European Economic Area, the United Kingdom or Switzerland, please refer to the section below entitled, “Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland” for information about additional choices and rights to your Personal Information.

Section 5 – Third-Party Services

You may find links to other websites, third party applications, and widgets on our Services that we do not own or control. When you click on links in our Service, they may direct you away from our Website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Once you leave our Service or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Section 6 – Security

To protect your Personal Information, we take reasonable precautions and follow industry standard practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption. You should be aware that, unfortunately, no system can be 100% secure. There will always be a risk that your Personal Information gets compromised. We also depend on you to keep your Account Information secure by keeping your password confidential and taking precautions to keep others from accessing your account. Please notify us immediately at info@ideal.fitif you become aware of any unauthorized access to or use of your account.

Section 7 – Children’s Privacy

By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this site. Please contact us if you believe we have collected Personal Information about a child without consent from their parent or guardian so we can take action to prevent such access and to delete their Personal Information from our Services.

Section 8 – Retention

We generally retain your Personal Information as long as necessary to fulfill the purposes of collection or to comply with applicable law. Otherwise we will try to delete your Personal Information upon your request or when we no longer need it for the purposes it was originally collected. We will not delete any Personal Information that also relates to other individuals, unless such other individuals also wish to delete their Personal Information at the same time.

Section 9 – Notice to Individuals in the European Economic Area, the United Kingdom and Switzerland

This section only applies to individuals using or accessing our Service while located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “European Countries”) at the time of data collection.

We may ask you to identify which country you are located in when you use or access some of the Services, or we may rely on your IP address to identify which country you are located in. When we rely on your IP address, we cannot apply the terms of this section to any individual that masks or otherwise hides their location information from us so as not to appear located in European Countries. If any terms in this section conflict with other terms contained in this Policy, the terms in this section shall apply to individuals in a European Country.

Our Relationship to You. ideal•fit is a data controller with regard to any Personal Information collected from individuals accessing or using its Services. A “data controller” is an entity that determines the purposes for which and the manner in which any Personal Information is processed.

Legal Bases for Processing Your Personal Information. We rely on the following Legal Bases under the EU General Data Protection Regulation in processing your Personal Information.

•          The legal basis to process Personal Information for the following sections of this Privacy Policy is to provide our Services to you. Our processing is based on our contract obligations or to take steps at the request of the individual prior to entering into a contract.

o          Section 2(1) To Provide Our Services.

o          Section 2(2) To Provide You with Service-Related Communications.

o          Section 2(2) To Enforce our Terms, Agreements, or Policies.

o          Section 3(1) Third-Party Service Providers.

o          Section 3(2) Merger, Bankruptcy, or Corporate Reorganization.

o          Section 3(3) Legal Obligations and Safety.

•          The legal basis for the “Product Research and Development” section of this Privacy Policy is our legitimate interest to better understand you, to maintain and improve the accuracy of the information we store about you, and to better promote or optimize our Services.

•          The legal basis to process your sensitive Personal Information through our Services, including in order to “Provide Our Services”, perform “Product Research and Development”, and conduct “Scientific Research and Clinical Trial Support”, is your consent. You may withdraw your consent at any time by deleting your account, which can be completed by emailing us at info@ideal.fit; however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.

•          The legal basis to process for the “Comply with Applicable Laws” section of this Privacy Policy is to comply with our legal obligations, or in the public interest or your vital interest.

Marketing. We will only contact you if you are located in a European Country by electronic means (including email or SMS) based on our legitimate interests, as permitted by applicable law or your consent. If you do not want us to use your Personal Information in this way, please click the unsubscribe link at the bottom of any of our email messages to you or contact us at info@ideal.fit. You can object to direct marketing at any time and free of charge.

Individual Rights. We provide you with the rights described below when you use our Services. We may limit your individual rights requests: (a) where denial of access is required or authorized by law; (b) when granting access would have a negative impact on other’s privacy; (c) to protect our rights and properties; or (d) where the request is frivolous or unrealistic. If you would like to exercise your rights under applicable law, please contact us at info@ideal.fit.

•          You can request access or deletion of your Personal Information.

•          You can correct or update your Personal Information, object to processing or your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information.

•          If we collected and processed your Personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of the processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

•          You have the right to complain to your local data protection authority about our collection ad use of your Personal Information.

If you believe we have infringed or violated your privacy rights, please contact us at info@ideal.fitso that we may resolve your dispute directly.

Transfer of Your Personal Information. When you access or use our Services, your Personal Information may be processed in the United States or any other country in which ideal•fit, its affiliates, or service providers maintain facilities. Such countries or jurisdictions may have data protection laws that are less protective than the laws of the jurisdiction in which you reside. If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop accessing or using the Services.

We transfer your Personal Information subject to appropriate safeguards as permitted under the Data Protection Laws. We also rely on legal transfer mechanisms such as Standard Contractual Clauses or we work with U.S. based third parties that are certified under the EU-U.S. and Swiss-U.S. Privacy Shield Framework.

Section 10 – Notice to Individuals in Missouri

Missouri law permits Missouri residents to ask us for a notice that identifies the categories of Personal Information that we share with our affiliates and/or third parties for marketing purposes, and that provides contact information for such affiliates and/or third parties. If you are a Missouri resident and would like a copy of this notice, please submit a written request to us at the address provided under the “Contact Information” section.

Section 11 – Do Not Track Signals

Currently, we do not monitor or take any action with respect to Do Not Track signals or other mechanisms, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

Section 12 – Changes to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

Questions & Contact Information

If you would like to access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information please contact our Privacy Compliance Officer at info@ideal.fitor by mail at:

ideal•fit

Re: Privacy Compliance Officer

5203 Chippewa, Suite 301

St. Louis, MO 63109

Disclaimer

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

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