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Policies

Privacy Policy

Policy Effective: 1 January 2022
Last Updated: 15 September 2022

We have developed this Privacy Policy (the “Privacy Policy” or “Policy”) to inform you how 365Pro LLC, an Ohio Limited Liability Company (collectively, “365Pro” or the “Company” or “we” or “us”) will collect, process, store and/or use information (the “Information”), including personally identifiable information, you submit, or we collect from you through the Company’s websites, software applications, social media channels, and offline activities such as phone calls, emails, or in person (the “Information”).  The internet address for the Company’s websites are located at <www.365proapp.com> and associated subdomains (the “Site”).

This Policy is subject to our Terms of Service (accessible at https://365proapp.com/terms-of-service/) which is incorporated herein by reference.  Please read it carefully.  By using the Site, or permitting your child to use our Site, you are accepting the practices described in this Policy and accept its terms.  You also give your express permission for us to collect, process, store, and use Information in accordance with this Policy. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.

The Company reserves the right to modify or amend this Policy at any time, but should it be necessary to do so, will notify you of any material changes to this Policy by posting such changes at the Site or by other acceptable means.  All amended terms will automatically take effect thirty (30) days after we provide such notice, or on a date that we specify in the notice.  Each version of the Policy is identified at the top of the page by its effective date.  Your continued use of the Site after changes have been posted constitutes your acceptance of the Policy as amended.  If you do not agree to the changes, please do not use the Site.

INFORMATION SUBMITTED BY YOU

Information That You Provide To Us.  You may provide us with following Information: name, address (shipping and/or billing), email address, telephone number, mobile telephone number, credit card number, user password, date of birth, and optional information during customer surveys and offers (including, but not limited to, gender, age, race, marital status, and number of children).  The Information referenced in this paragraph that is provided by you is referred to as “Provided Information.” 

Responsibility for Information Provided.  You are responsible for the content of the Provided Information and you must ensure it is legal, honest, truthful, accurate and not misleading in any way.  You must ensure that the Provided Information provided by you does not infringe on any rights of any third party (including, without limitation, rights of confidentiality), or is otherwise legally actionable by such third party. 

No Obligation.  Use of the Site is entirely voluntary.  Submission of Provided Information does not establish any obligation not listed in this Policy.

INFORMATION AUTOMATICALLY COLLECTED

Cookies & Other Technologies.  A cookie is a small file containing a string of characters that may be sent to your web browser when you visit a website.  Cookies might be used for the following purposes: (1) to enable certain functions; (2) to provide analytics; (3) to store your preferences; and (4) to enable ad delivery and behavioral advertising. 

Cookies can either be session cookies or persistent cookies.  A session cookie expires automatically when you close your browser.  A persistent cookie will remain until it expires or you delete your cookies.  Expiration dates are set in the cookies themselves; some may expire after a few minutes while others may expire after multiple years.  Cookies placed by the website you’re visiting are sometimes called “first party cookies,” while cookies placed by other companies are sometimes called “third party cookies.”

The Site uses cookies that are set by us or our third party services.  You can reset your browser to refuse cookies or to indicate when a cookie is being sent.  However, some features or services of the Site may not function properly without enabling cookies.  We may also use additional technologies to help track user activities and preferences. 

The following information may automatically be received and/or collected from you through the Site: IP address, browser type, browser language, internet service provider (ISP), resource requested, date and time of resource request, and HTTP referring resource (if provided by the browser), operating system, and/or clickstream data.  We aggregate this data, and may combine this data with other information we collect about you to better understand how visitors use our site, improving user experience, and to help manage, maintain, and report on use of our website.  We also store IP addresses for fraud detection and prevention purposes. 

Behavioral Advertising / Re-Targeting.  We partner with third parties to display advertising on our Site and manage our advertising on other sites.  Our third party partners may use technologies such as cookies to gather information about your activities on our Site and other sites in order to provide you advertising based upon your browsing activities and interests. 

Social Media.  The Site include social media features and links, and may use social media application programming interfaces (“APIs”) for log-in.  The social networking site may collect certain information about you.  Please see the privacy policy for the applicable social networking site to learn more about how these social networking sites share your personal information, which practices may differ from ours. 

More Information.  You may learn more about cookies and how to opt out of them by visiting the following third party websites:

Allaboutcookies.org: http://www.allaboutcookies.org/

Direct Marketing Association: http://www.aboutads.info/choices/

Network Advertising Initiative: http://www.networkadvertising.org/choices/

DO NOT TRACK SIGNALS

The Site does not alter their practices when it receives Do-Not-Track (“DNT”) signals.  At this time, we do not track user personal information over time and across third-party websites.  Third parties that have services on our Site may obtain information about your browsing or usage habits, in accordance with their respective privacy policies.  To find out more about DNT, you may wish to visit the following third party website www.allaboutdnt.com.

PURPOSES OF INFORMATION COLLECTION, PROCESSING, AND/OR USE

We use Information to provide you with a superior experience and, as necessary, to administer and manage the operations our Company.  We use your Information in the following ways:

  • Provide you with functionality of the Site;
  • Administer and manage the operations of our Company;
  • Provide client service and/or marketing our services;
  • Conduct research and perform analysis to measure, maintain, protect, develop, and improve our services;
  • With respect to your date of birth, the date of birth is collected solely to determine the age of the user to recommend a suitable workout based on the user’s age and to avoid, to the extent that our Company is able, injuries based on unsuitable workouts for users under a certain age;
  • Administer, enhance, and communicate with you regarding the Company’s events, marketing, and advertising; and/or
  • Make communications necessary to notify you regarding services, market research, requests, marketing, security, privacy, and administrative issues.

RETENTION OF INFORMATION

We retain Information as long as needed and in accordance with any applicable laws. We will retain and use Information as necessary as long as your account is active, it was reasonably useful for commercial purposes, and/or to comply with our legal obligations, resolve disputes, and enforce our agreements.

USER CHOICES

If you would like to review, delete, or request changes to any of your Provided Information that is collected through the Site, please contact us at the postal address listed at the end of this Policy, at the following email address: info@365proapp.com.

INFORMATION SHARING

We may share Information as follows or as otherwise described in this Policy:

  • With business partners, vendors, consultants and other service providers, subsidiaries, and affiliates who need access to such information to carry out work on our behalf relating to the Site: website operation/hosting or information technology consulting services; website management; data analysis; fraud protection; service customization; customer service, marketing and promotions; data cleansing (if applicable); legal services; and other administrative and back-up and security services.  These third parties do not have the right to use information we provide them in any way that is not authorized by us or otherwise disclosed in their privacy policies.
  • In response to a request for information if disclosure is required in accordance with any applicable law, regulation or legal process, or is otherwise required or permitted by any applicable law, rule or regulation.
  • To comply with any legal obligation.
  • To protect the rights, property, or safety of the Company and others, and/or investigate fraud.
  • In connection with any merger, restructuring, reorganization, sale of the Company, assets, financing, or acquisition of all or a portion of our Company to another company, Information may be provided to the entities and advisors involved subject to a confidentiality agreement, and we will provide notice to you at your email address on file before Information is finally transferred and becomes subject to a different privacy policy.  Such a transaction may involve us (i) retaining the right to continue to use transferred Information in addition to the right of the transferree to use such Information, and (ii) engaging in additional transfers of Information (including new Information) with the transferree from time to time following such a transaction. 
  • With others with your consent or at your direction, including if we notify you that the information you provide will be shared in a particular manner and you provide such information.

NOT INTENDED FOR INTERNATIONAL USE

The Site is intended for use within the United States, and is not intended to be used in any other territory.  The Site may function in countries other than the United States.  If you use the Site from outside the United States, you explicitly accept that your Information may be transferred to, stored, and processed in the United States where laws regarding processing of personal information may differ than the laws of other countries.  You are responsible for compliance with the laws of the jurisdiction in which you choose to use the Site. 

You agree not to use the Site in any way that is in violation of the law of any country or jurisdiction.  You further agree not to use the Site from a territory that is embargoed by the United States or from which it is illegal to receive products or services from the United States.  You further agree to ensure that the Site will not accessed or used by persons on the United States Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

SECURITY

The Company takes appropriate security measures to secure Information.  For example, access to databases are password protected and restricted to technical users with authorized credentials and personnel on a need-to-know basis.  Note that the transmission of information via the internet is not completely secure.  Although we will do our best to protect Information, we cannot guarantee the security of Information transmitted through the Site.

CHILDREN’S INFORMATION

The Site is marketed for, and directed to, services for adults or with the consent of adults.  Individuals under the age of 13 are not permitted to use the Site without the supervision of a parent or legal guardian. 

We strive to educate parents and kids about how to appropriately safeguard their privacy when using our services. We are committed to complying with the Children’s Online Privacy Protection Act of 1998 (“COPPA”), which requires us to inform parents and legal guardians about our information collection and use practices. COPPA also requires that we obtain parental consent before we allow children under the age of 13 to access and/or use our services. We urge kids to check with their parents before entering information through our Site and/or services, and we recommend that parents discuss with their kids restrictions regarding the online release of  Information to anyone they don’t know.

Other than the online contact information required to obtain parental consent, we do not collect any Information from anyone under the age of 13 unless their parent or legal guardian has first provided us with consent for that user to use the Services and disclose Information to us. If you are under the age of 13, please do not send any Information to us if we have not obtained prior consent from your parent or guardian. If we learn we have collected Information from anyone under the age of 13 without parental consent, or if we learn a user under the age of 13 has provided us Information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that anyone under the age of 13 may have provided us Information in violation of this Privacy Policy, please contact us at info@365proapp.com.

LINKS TO OTHER WEBSITES

The Site may contain links to other websites of interest.  Once you have used these links to leave our site, you should note that we do not have any control over other websites.  Therefore, we will not be responsible for the protection and privacy of any information you provide whilst visiting such other websites and such sites are not governed by this Policy.  You should exercise caution and look at the privacy policy applicable to the website in question.

TERMS OF USE

This Policy is expressly incorporated into our Website Terms of Use.  Any dispute between you and us regarding the privacy of your personal information is subject to this Policy and our Website Terms of Use, including limitation on damages, resolution of disputes, and application of applicable law.

CONSUMERS WITH DISABILITIES

To request this Policy in an alternative format, please reach out to us at the contact information provided below.

CONTACT

Questions and requests related to this Policy may be directed to the postal address listed below, at the following email address: info@365proapp.com. We will respond to such requests in accordance with applicable law.

Mailing Address: 

365Pro LLC
2335 Buttermilk Crossing
Suite #311
Crescent Springs, KY 41017

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