PLEASE READ THIS POLICY CAREFULLY BEFORE USING THIS SITE.
This privacy policy (this "Privacy Policy") describes the privacy practices of Evolution Nutrition, Inc. ("Evolution Nutrition," "we," or "us") with respect to how we collect, use and disclose the information we collect from you in connection with your use of our website, www.evolutionnutrition.com (our "Site"), and/or our software (the "Evolution Nutrition Software," and, together with Site, the "Evolution Nutrition Services"). Any capitalized terms used and not defined in this Privacy Policy are defined in Evolution Nutrition's Terms of Use.
What Information We Collect and How We Use It
The information collected by Evolution Nutrition falls into two categories: (1) information voluntarily supplied by users to our Site and the Evolution Nutrition Software (including information supplied by users when creating an account or using the "Public Areas") and (2) tracking information recorded by us as users navigate through our Site or use the Evolution Nutrition Software. Some of this information is "personally identifiable information," but much of it is not. Personally identifiable information is information that identifies a particular person.
To make use of some features on our Site, users may need to provide certain personal information to create an account. We may ask, for example, for your name, email address and street address. In addition, we may ask you for information about your gender, height, weight, fitness goals, weight goals, birthday, exercise routines, relationship status and the like. The information you supply will help us to offer you more personalized features, complete the particular function of our Site you are using, and tailor our Site to your interests to make it more useful to you. Our systems will remember some of this information the next time you log in and use our Site. The more you tell us about yourself, the more value we can offer you. Supplying this information is entirely voluntary. But if you choose not to supply the information, we may be unable to provide you with the products and services we make available to other users of our Site. And you will not be able to order selected products or services, or make payments, over our Site unless you provide certain personally identifiable information about yourself. When you submit any personally identifiable information over this Site, Evolution Nutrition (1) will use the information for the purposes described at the time you submit it (for example, your name, street address, telephone number and email address provided while ordering one of our products or services will be used in connection with the processing and fulfillment of your order) and (2) may use the information to contact you to make you aware of other products and services of interest. Of course, if you want to remain completely anonymous, you're still free to take advantage of the publicly available content on our Site without creating an account.
In connection with the standard operation of Site, certain non-personally identifiable information about users of this Site is recorded. This information is used primarily to tailor and enhance users' experience using our Site. We may use this information in an aggregate, non-personally identifiable form to, among other matters, measure the use of our Site and determine which products and services are the most popular with Site users.
What We Disclose and Who We Disclose It To
We consider the personally identifiable information that you provide to us as confidential. Note, however, that information you post in Public Areas is not considered confidential and is available to everyone. We may sometimes disclose both confidential and nonconfidential personally identifiable information about you to our affiliates or to others who work for us. We may also disclose personally identifiable information about you to service providers and vendors, and to others who provide products and services to us. For example, when you use certain functions on this Site you may notice that the website actually collecting or processing the information may be a website other than our Site. We may be required by law or legal process to disclose certain personally identifiable information about you to lawyers and parties in connection with litigation and to law enforcement personnel. For example, we may be required by law to disclose personally identifiable information about you without your consent and without notice in order to comply with a valid legal process such as a subpoena, court order, or search warrant.
Changing Your Information and Settings
If you create an account, you can update or otherwise change the information that you have provided to us by logging in to your account and changing the information directly.
How We Collect Information
To help make our Site more responsive to the needs of our users, we use a standard feature of browser software called a "cookie." We use cookies to help us tailor our Site to your needs, to deliver better, more personalized service, and to remember certain choices you've made so you don't have to re-enter them. We use two kinds of cookies: (1) temporary or "session"-based cookies that contain certain information about a user's use of our Site at a particular time and (2) "persistent" cookies that contain certain account-related information about a user's use of our Site. Session-based cookies are automatically disabled or deleted when a user of our Site closes his or her browser software at the end of session. Persistent cookies remain stored on a registered user's computer system until he or she disables or deletes them. Of course, if you set your browser not to accept cookies or you delete them, you may not be able to take advantage of the personalized features enjoyed by other users of our Site.
The cookies we use don't directly identify users of our Site as particular persons. Rather, they contain information sufficient to simplify and improve a user's experience on our Site. For example, we may use session-based cookies to track the pages on our Site visited by our users. We can build a better Site if we know which pages our users are visiting and how often. Or, for example, we may use persistent cookies to simplify access to a user's account information over our Site.
Third Party Websites
Our website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage our users to be aware when they leave our Site and to read the privacy policies of each and every website. This Privacy Policy applies solely to information collected by Evolution Nutrition.
Changes to Evolution Nutrition's Corporate Structure
User information, including without limitation your confidential and nonconfidential personally identifiable information, may be disclosed and/or transferred as part of a restructuring, reorganization, merger or acquisition of Evolution Nutrition or the sale of Evolution Nutrition's assets, as well as in the unlikely event of Evolution Nutrition's insolvency, bankruptcy or receivership.
Notice to California Residents – Your California Privacy Rights
The State of California enacted the Shine the Light law (California Civil Code Section 1798.83) that permits users who are California residents to request certain information regarding the disclosure of personal information during the past year for marketing purposes. To make such a request, contact us at info@evolutionnutrition.com or Evolution Nutrition, Inc., attn.: Marketing 228 S. Cedros, Suite E, Solana Beach, CA 92075
California Confidentiality of Medical Information Act ("CMIA")
Evolution Nutrition is committed to ensuring, through the implementation of prudent and reasonable controls, that the individually identifiable medical information it receives from its consumers ("Medical Information") is safeguarded. As a general rule, Evolution Nutrition will not disclose Medical Information without first obtaining a written authorization from the respective consumer, unless such disclosure is permitted or required by applicable law. For example, Evolution Nutrition is required to disclose Medical Information if it is compelled to do so under court order or search warrant. Evolution Nutrition may also disclose Medical Information, without a consumer's written authorization, to health care professionals involved in the consumer's care, to a family member involved with the consumer's care or payment related to the consumer's care, to an entity assisting Evolution Nutrition with its administrative services, to governmental oversight agencies, to a third party for purposes of anonymizing or encrypting the data, and in certain other specified circumstances permitted or required under applicable state and federal law.
Children's Privacy
Evolution Nutrition is very sensitive to the issue of children's privacy. Our Site and Evolution Nutrition's products and services are neither developed for, nor directed at, children under the age of 13. If you believe your child under the age of 13 has provided Evolution Nutrition with personally identifiable information, or created an account at our Site, and you would like to have the information removed, please contact us at at info@evolutionnutrition.com or Evolution Nutrition, Inc., attn.: Marketing 228 S. Cedros, Suite E, Solana Beach, CA 92075
Children under the age of 18 but at least 13 years of age may use our Site only under the supervision of a parent or legal guardian. If you believe your child under the age of 18 but at least 13 years of age has provided Evolution Nutrition with personally identifiable information, or created an account at our Site, without your supervision and you would like to have the information removed, please contact us at at info@evolutionnutrition.com or Evolution Nutrition, Inc., attn.: Marketing 228 S. Cedros, Suite E, Solana Beach, CA 92075
International User Notice
For international users, please note that it may be necessary to transfer your information internationally and, in particular, your information may be transferred to and processed in the United States.
For residents of the European Union: the data protection and other laws of other countries outside of the European Union may not be as comprehensive as those of the European Union. Please be assured that we take steps to ensure that your privacy is protected as described in this Privacy Policy. By using our Site, you agree to have your information used and transferred to the United States as set forth in this policy.
Security
Evolution Nutrition uses commercially reasonable physical, managerial and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Evolution Nutrition and you transmit such information at your own risk. Once we receive your transmission of information, Evolution Nutrition makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, managerial or technical safeguards.
Changes to Privacy Policy
This Privacy Policy is subject to change without notice. We may change this Privacy Policy at any time, with immediate effect, by posting a new version of it on our Site. If, however, we intend to disclose or otherwise use users' personally identifiable information in a manner different from that stated in this Privacy Policy at the time of collection, we will post a notice of such intent on our Site 30 days prior to such action.
Terms And Conditions
The contents of the Evolution Nutrition Services, such as text, graphics, images, information, charts, obtained from Evolution Nutrition's licensors, including information, advice and coaching received either in written or oral format, and other material contained in the Evolution Nutrition Services ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or from the Evolution Nutrition Services.
Questions and Comments
Questions and comments about this Privacy Policy should be directed to info@evolutionnutrition.com or
Evolution Nutrition
Attn: Operations
512 Via de la Valle, Suite 301
Solana Beach, CA 92075