Privacy Policy

Our Privacy Policy

Welcome to https://foundationfitness.com/, a web site owned and managed by Wellnova Consumer Health, LLC, a Delaware limited liability Company (“WELLNOVA”)

This Privacy Policy describes our policies and practices. We urge you to read this Privacy Policy so that you will understand both our commitment to you and your privacy, and how you can participate in that commitment.

Collection of Personally Identifiable Information
We believe it is important to protect and respect the privacy of our customers and users of our https://foundationfitness.com/ web site, and its associated websites, applications, API, software, plug-ins, links, and other related elements (collectively, the “Site”). We are committed to ensuring your privacy as a guest and a customer as set forth below, and we understand your concern about how your information is collected, used, and shared.

Our Site is designed to provide information (collectively, the “Services”) about WELLNOVA and its products (the “Products”).

In general, you can use the Site without providing Personally Identifiable Information, but to access certain portions of the Site or to purchase Products, you will be required to provide Personally Identifiable Information. “Personally Identifiable Information” is information that can be used to locate you, contact you, or determine your specific identity. When other information is linked to Personally Identifiable Information, it also becomes Personally Identifiable Information.

It is WELLNOVA’s goal to collect as little Personally Identifiable Information as possible, however there may be some occasions where it may be collected. For example:

1. When you register for an account or order any WELLNOVA Product, you must provide various personal and contact information.

2. When you purchase a Product, most payments are processed via a third-party merchant such as Stripe or PayPal (the “Payment Vendor”), and your payment information is transmitted to such Payment Vendor. WELLNOVA is not responsible for information they collect from you, so you should review their terms and privacy policy before providing information via a Payment Vendor site, app or service.

3. When you submit a request for more information, support or assistance, WELLNOVA may keep a record of the request and the manner in which it was processed.

4. When you volunteer personal information at other times, including but not limited to when you sign up for a newsletter or to receive promotional emails, provide opinions, enter a contest or promotion, or report a problem with WELLNOVA’s service.

Your response to the above requests for additional information is strictly voluntary: if you do not wish to provide additional information, you can still use the informative sections of our Site. By submitting your information, you consent to the use of that information as set out in this Privacy Policy and WELLNOVA Terms of Use[insert link] (which are incorporated herein by reference).

Notification of Change
WELLNOVA reserves the right to change this policy at any time. WELLNOVA privacy policy will be kept up-to-date and clearly posted on our Web site. Your continued use of the Site or the Services after an amendment to this Policy has been posted on the Site shall be deemed your consent to the change.

The Information We Collect
WELLNOVA may collect information from you in several different ways including:

i. Account Registration & Purchases. If you register for an account or purchase a Product, we will request certain Personally Identifiable Information from you, including your contact information (such as name, location, birthdate, phone number, email address, etc.)

ii. Log Files. As is true of most applications, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and movements around the site, and to gather demographic information about our user base as a whole. We do not link this automatically-collected data to Personally Identifiable Information.

iii. Device Identifiers. When you use a mobile device like a tablet or phone to access the Site, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” This information will be only used to improve the user experience. We will only use this information for analytics at a macro level and not at the user level. Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by WELLNOVA. A device identifier may deliver information to us or to a third-party partner about how you browse and use the Site and may help us or others provide reports or personalized content and ads. Some features of the Site may not function properly if use or availability of device identifiers is impaired or disabled.

iv. Metadata. Metadata is usually technical data that is associated with user content. For example, Metadata can describe how, when and by whom a piece of user content was collected and how that content is formatted. Users can add or may have Metadata added to their user content including a hashtag (e.g., to mark keywords when you post a video), geotag (e.g., to mark your location to a video), comments or other data. This makes your user content more searchable by others and more interactive.

v. Correspondence. If you send us personal correspondence, such as an email or letter, we may collect such information into a file specific to you.

vi. Public/Sponsored Events. WELLNOVA may participate in public events and events with multiple sponsors, such as trade shows and seminars. The events generally collect certain personally identifiable information from all attendees and distribute this data in whole or in part to all the event sponsors including WELLNOVA. While we cannot control and are not responsible for the practices of other sponsors for these events, WELLNOVA will maintain the privacy of its copy of your personal information received in this way.

WELLNOVA reserves the right to maintain information on users who discontinue Services or use of the Site.

Payments
All payments are handled via a third-party Payment Vendor. WELLNOVA does not receive or store sensitive information such as credit card numbers. When an online transaction is completed through a Payment Vendor, credit card information is used solely for the purpose of completing that specific transaction and is not shared with nor transmitted to WELLNOVA.

Opting Out
To opt out of any future email contact from WELLNOVA, click the “UNSUBSCRIBE” link at the bottom of the email. Or, email contact@wellnova.com with “UNSUBSCRIBE” in the subject line. You will be removed from our contact database.

Your California Privacy Rights
To review a special notice for California residents only per California Privacy Law (SB27): Exchanging, Renting, Reselling Personal Information, please visit the “Your California Privacy Rights” section.

Aggregate Information
Demographic and profile data (i.e., age, gender, browser usage) is also collected via WELLNOVA Services. WELLNOVA uses such data to improve marketing and promotional efforts, statistically analyze site usage, improve content and product offerings and to customize site content, layout, and services. Additionally, this data may be shared with third parties on an aggregated basis. WELLNOVA does not share Personally Identifying Information with third parties, except to a court or governmental agency if required by law and as stated above in the section titled “The Information We Collect.”

Cookies
A cookie is a small text file a web site places on a site visitor’s computer hard drive. Its purpose is to let the site know when a user visits and to perform certain functions such as saving passwords and personal preferences. Cookies help evaluate visitors’ use of a web site, such as what viewers want to see and what they never read. This information allows WELLNOVA to better improve the customer experience of online information. Your browser is probably set to accept cookies. If you would like to turn this feature off, you will need to change the settings of your Internet browser.

Web Beacons
Web beacons are very small, invisible graphics present on web pages or emails that help us track when the page or email has been accessed. Some parts of the Site, emails and other files may use web beacons, also known as “clear gif technology” or “action tags”. We may use web beacons to collect, use or store personal information about you.

Security of Your Information
WELLNOVA also protects the account information we store as allowed by this Privacy Policy by placing it on a secure portion of our system that is only accessible by certain qualified employees or contractors of WELLNOVA. Unfortunately, no data transmission over the Internet is 100% secure. WELLNOVA strives to protect your information, however cannot ensure or warrant the security of such information.

Referrals
If you elect to use the referral service as applicable to inform a friend about a page on WELLNOVA Services, you will be asked for the friend’s name and email address. WELLNOVA will automatically send the friend a one-time email inviting them to visit the Site. WELLNOVA stores this information to send this one-time email only.

Links to Other Web Sites
WELLNOVA may have links to other third-party web sites. WELLNOVA is not responsible for the content of any linked web site, or any link contained in a linked web site, or any changes or updates to such web sites. The inclusion of any link does not imply endorsement by WELLNOVA of that web site. In addition, please be aware that WELLNOVA is not responsible for the privacy practices of such other web sites. WELLNOVA encourages you to read the privacy statements of each web site that requests personal information from you.

No Information from Children
The Site is to be accessed by persons 13 years old any over. No one under 13 is allowed to use the Site or the Services. At no time will a child be asked to provide personal information. WELLNOVA will comply with all regulations set forward by the Children’s Online Privacy Protection Act (COPPA). To learn more about COPPA, visit the Federal Trade Commission.

Disclosure of Collected Information
Except as otherwise provided in this Privacy Policy, WELLNOVA will not disclose to non-affiliated third parties without your prior approval, your e-mail address, phone number, or other Personally Identifiable Information, that we collect via the Site. However, we reserve the right to outsource certain activities such as but not limited to emails, newsletters, mass mailings, commission processing, tax preparation, and application system development to certain third parties. In such cases, we limit the information provided to these third parties to the minimum necessary for them to perform the functions for which we have retained them and prohibit them from using the information for any other purpose or retaining it after it is no longer needed.

Notwithstanding any other provisions of this Privacy Policy, WELLNOVA will cooperate with certifying authorities and official law enforcement inquiries, such as fraud investigations, subpoenas, and internal revenue service and other government agency inquiries and requests, and will disclose your personal information when necessary to comply with such requests. WELLNOVA will also cooperate, at its discretion, with any civil law suits related to intellectual property infringement, libel or other injury to third parties, and will disclose your Personally Identifiable Information when necessary.

Security
WELLNOVA is committed to ensuring that your Personally Identifiable Information is protected while you are using the Site and the Services. WELLNOVA uses appropriate and reasonable measures to maintain the security of your Personally Identifiable Information. This includes procedures followed by our personnel, contractors, subcontractors, and third-party hosting to prevent data loss or theft, account access with password protection.

WELLNOVA may use certain third parties for services such as, but not limited to, advertising, marketing, commission procession, tax preparation, and system development. We only work with third parties who agree to strictly limit their use of information we provide them to fulfill the functions for which they have been retained.

You should be aware, however, that no data transmitted over wireless data systems (“Wi-Fi”), the Internet, or sent through mail or email, or stored on a computer is 100% secure, and that we cannot guarantee the security of your personal data while in transmission to us. Public computers in particular should never be considered secure. You should never give out personal information on message board, in chat rooms, and other publicly viewable locations.

In addition, there exist malicious programs, typically called computer viruses or Trojan horses, which can be used to capture information off your computer’s hard drive or while you are entering it into a web form or sending it by email. You should always use the appropriate anti-virus and personal security technology to protect yourself.

Lastly, if you have been assigned a login ID and/or password for use using the Site, or any third-party site that you use to access the Site or Services, you should never give out that information to others.

Disclaimer
We cannot ensure that all of your private communications and other Personally Identifiable Information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose Personally Identifiable Information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmission or private communications, or users may abuse or misuse your personal information that they collect from the Site.

Enforcement
If for some reason you believe WELLNOVA has not adhered to the principles of this Privacy Policy, please notify us, and we will do our best to determine and correct the problem promptly.

Notices
Any notices or other communication required or permitted to be made or given pursuant to this Privacy Policy will be in writing, in English, and will be deemed to have been duly given when delivered via email to the address specified herein. All notices must be sent to: contact@wellnova.com

Third-party Links
The Site may contain links to third-party websites. However, please be aware that WELLNOVA is not responsible for and cannot control the privacy practices of such other websites. We encourage you to be aware when you leave the Site, and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by the Site.

Business Transition
In the event we go through a business transition, such as a merger, acquisition by another company, bankruptcy, or sale of all or a portion of our assets, your personal information will likely be among the assets transferred.

Representations and Warranties
By using this Site, you represent that you are seeking this Site for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any material available through the Site, or WELLNOVA. You also represent that you are not engaging in activities in an attempt to reverse engineer the Site, portions of the Site, or any materials available through the Site. You also represent that any information you provide is true and accurate.

Data Processing Locations
Data processing associated with customer support for Site and Services is located in the US and is subject to laws of the State of Wisconsin. The data center where WELLNOVA’s servers are housed is located in the US, and is subject to the laws of the US.

No Access from Certain Jurisdictions
This Privacy Policy reflects WELLNOVA’s intent to comply with the data privacy laws of Wisconsin. You agree not to access the Site if your jurisdiction requires policies that are stronger or otherwise incompatible with this Privacy Policy, as this Privacy Policy may not be in compliance with the requirements of such jurisdiction.

HOW TO CONTACT US
If you have any questions about this Privacy Policy or the Service, please contact us. You can contact WELLNOVA for more information related to the privacy of the information you provide online: contact@wellnova.com. Your request will typically be answered within 2-3 business days.