Branch Collective Wellness Privacy Policies

Branch Collective Wellness, LLC and its affiliated entities (collectively, the foregoing entities are referred to as “Branch Collective Wellness”, “we” or “us” in this Privacy Policy) and is committed to protecting your privacy. The purpose of this Privacy Policy is to inform you about the types of information we gather about you, how we may use and share that information, specific use controls, and how we safeguard your information. The Privacy Policy applies to information collected through our website www.branchcollectivewellness.com and our classes and appointments on www.practicebetter.io, and social media (collectively, the “Site”). The Branch Collective Wellness Terms of Use are incorporated by reference into this Privacy Policy.

Information You Provide to Us:

We collect information about you directly from you and automatically through your use of our Site. Branch Collective Wellness has implemented technical and organizational measures with respect to processing Personal Information from European Union individuals for purposes of the EU General Data Protection Regulation (“GDPR”). Upon request, we will provide you with information as to whether and what Personal Information we store in relation to you. Should your Personal Information be incorrect, you may request to have it rectified. You may also revoke your consent to use your Personal Information in the future, in whole or in part, or request deletion of your Personal Information.

When you create an Account and purchase Services through this Site, we may collect various information including your name, email, phone number, birthday, gender, marital status, occupation, billing information, PHI and any other information that may be collected through the Terms of Use or this Privacy Policy (“Personal Information”). In addition, we may collect the information you provide us through various social media services or joint promotions with partners. 

In addition, we may also collect non-personally identifiable information, such as IP addresses (which identify your device), pages viewed, computer type, screen resolution, operating system version, Internet browser type and version, information collected through cookies, pixel tags, web beacons, and other technologies, and other data (“Non-Personal Information”).  Because Non-Personal Information does not personally identify you, we may collect, use and disclose Non-Personal Information for any purpose. Non-Personal Information will be retained only for so long as to fulfill a legitimate business need.

We may aggregate Personal Information so that the aggregated information does not personally identify you or anyone else, such as by using Personal Information to calculate the percentage of our customers who live in a particular area (“Aggregate Information”). In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined, and may aggregate any information collected in a manner which does not identify any individual.

HIPAA Compliance:

This section describes how we, through Practice Better, use and protect protected health information (“PHI”) governed by the U.S. Health Insurance Portability and Accountability Act (HIPAA). We understand that your PHI is private and confidential and will only be shared in the furtherance of us carrying out the Services. Your PHI includes any individually identifiable information that we obtain from you or others that relates to demographic data about you, past, present or diagnosed mental or physical conditions, or health care treatment.

Please review Practice Better’s policies here: https://help.practicebetter.io/hc/en-us/articles/234814027-Privacy-and-Security-on-Practice-Better?source=search and https://help.practicebetter.io/hc/en-us/articles/360024615431-Privacy-Security-FAQ?source=search

As required by law, this notice provides you with information about your rights and our legal duties and privacy policies regarding your PHI. You have a right to: (i) inspect or obtain a copy of the PHI contained in our records; (ii) you may request restrictions on our use of your PHI, but we are not required to adhere to your request if it limits our ability to provide the Services; and (iii) reasonably request to receive confidential communications of your PHI by alternative means. Please contact us at branchcollectivewellness@gmail.com to make any such request.

Information from Other Sources:

In order to improve our Services or marketing efforts, we may collect information about you from third party sources. The information may include demographic information, psychographic information, and geographic location-based information. These third-party sources may include public record databases‚ marketing data providers‚ data sharing cooperatives‚ and others.

We may use automated devices and applications, such as Google Analytics, to evaluate usage of our Site. We also may use other analytic means to evaluate our Site. We use these tools to help us improve our Services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your Personal Information with these third parties.

 Automatically Collected Information:

When you visit our Site, read our emails or interact with our Service Providers, we may collect certain types of technology-specific information from you. This information will help us optimize your visit and track the performance of our marketing efforts.

Use of Your Information:

Branch Collective Wellness will primarily use your Personal Information to provide our Services, and to complete core business functions such as authentication‚ internal business processes‚ marketing‚ loss and fraud prevention‚ and legal functions. If you have any questions about which features you can use without providing Personal Information, please feel free to contact us at branchcollectivewellness@gmail.com. Currently, we use your information, on the Site for the following purposes:

1. To provide nutritional, wellness and lifestyle coaching and consulting (“Services”)
2. Investigate and prevent fraud and other illegal activities.
3. Provide, maintain, and improve Branch Collective Wellness and our overall business.
4. To communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes.
5. To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site or our Services.
6. For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about services or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our Services on third party websites.
7. To better understand how users access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and respond to user desires and preferences, and for other research and analytical purposes.
8. To protect our own rights and interests, such as to resolve any disputes, enforce our Terms of Use or to respond to legal process.
9. In addition to the uses outlined above, by using Branch Collective Wellness, you agree to allow us to anonymously use the information from you and your experiences to improve the Branch Collective Wellness experience. This research may be published on our social media accounts. However, all of your responses will be kept anonymous, and we assure you that no personal information will be published.

In order to use our online Services, you must register an account in accordance with the Terms of Use. If you believe that an unauthorized profile has been created about you, you can request for it to be removed by contacting us at branchcollectivewellness@gmail.com.

How We Share Your Information: 

We may share your information, including Personal Information, as follows:

1. Service Providers. We will not sell, trade, or rent your Personal Information to others. However, we do provide some of our services through contractual arrangements made with affiliates, service providers, partners and other third parties (“Service Providers”). Our Service Providers include Practice Better, Nutri-Q and Mailchimp. If you purchase any Services, Practice Better is used to store all Personal Information, to process all payments and will collect your applicable payment and billing and information. Nutri-Q will receive certain Personal Information related to your diet and nutritional history to assist us in analyzing said information. We may use Mailchimp to process and send out newsletter emails to our users. Mailchimp will store your names and email addresses as well in their database, in accordance with their privacy policy. We and our Service Partners may need to use some Personal Information in order to perform tasks between our Sites or to deliver services to you.

We may also share information in the following circumstances:

1. Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
2. In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
3. To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use, Terms of Service or this Privacy Policy, or as evidence in litigation in which we are involved.
4. Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

We may also disclose information about you that is not personally identifiable. For example, we may provide merchants, business partners, or other third parties with reports that contain aggregated and statistical data about our users.

CAN-SPAM Act and Opting Out of Emails: 

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. We collect your email address in order to:

• Send information, respond to inquiries, and/or other requests or questions.
• We may also send you additional information related to your account or our Services.
• Market to our mailing list or continue to send emails to our clients after an account has been created.

To be in accordance with CAN-SPAM we agree to the following:

• NOT use false, or misleading subjects or email addresses
• Identify the message as an advertisement in some reasonable way
• Include the physical address of our business or site headquarters
• Monitor third party email marketing services for compliance.
• Honor opt-out/unsubscribe requests quickly
• Allow users to unsubscribe by using the link at the bottom of each email

We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. Even if you opt-out, we may still communicate with you about your account or any Services you receive from us.

Cookies: 

Branch Collective Wellness may use cookies and other tracking mechanisms to track information about your use of our Site. We may combine this information with other Personal Information we collect from you. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site, while others are used to enable a faster login and payment process or to allow us to track your activities on our Site. Our Service Providers may also place cookies on our Site in order to properly provide their services.

 WHAT ARE THE DIFFERENT TYPES OF COOKIES AND HOW DO WE USE THEM?

1. Essential: These are cookies which are essential for the running of our Site. Without these cookies, parts of our Site would not function. These cookies do not track where you have been on the internet and do not gather information about you that could be used for marketing purposes.

Examples of how we may use essential Cookies include:

• Setting unique identifiers for each unique visitor, so that user numbers can be analyzed.

1. Functional: These cookies are used to remember your preferences and login information on our Site and to provide enhanced, more personal features. The information collected by these cookies is usually anonymized, so we cannot identify you personally. Functional cookies do not track your internet usage or gather information which could be used for selling advertising.

Examples of how we may use functional Cookies include:

• Gathering data about visits to our Site, including numbers of visitors and visits, length of time spent on the Site, or where visitors have come from.
• Eliminating the need for returning users to re-enter their login details.

1. Third Party Cookies: You may notice on some pages of our Site that cookies have been set that are not related to us. When you visit a page with content embedded from these third-party service providers may set their own cookies on your  mobile device. We do not control the use of these third-party cookies and cannot access them due to the way that cookies work, as cookies can only be accessed by the party who originally set them. Please check the third-party websites or mobile applications for more information about these cookies.
2. Disabling Cookies: Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you choose to refuse, disable, or delete cookies, some of the functionality of our Site may no longer be available to you.  Without this information, we are not able to provide you with all the requested services, and any differences in services are related to your information.

• Some browsers transmit “do-not-track” signals to websites. Because of differences in how browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.

Clear GIFs, pixel tags and other technologies: Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site and Services to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Interactive Tools: 

Certain features on our Site may give you an opportunity to interact with us and others. When you use these features you should be aware that any information you submit, including your name, location and e-mail address as part of a testimonial, may be publicly available to others. We are not responsible for any information you choose to submit through these interactive features and we strongly discourage you from disclosing any sensitive Personal Information (such as health or credit card information) through these features. If you use these features, your Personal Information may remain on the Site even after you cease use of the Site.

Payment:

If you choose to purchase any Services, all payments will be made through Practice Better. If you provide financial or any other Personal Information, please refer to the applicable payment processor’s Privacy Policy at https://stripe.com/privacy,  https://squareup.com/us/en/legal/general/privacy, or https://www.paypal.com/us/webapps/mpp/ua/privacy-full for information regarding their security protections and use of your Personal Information. Payment information may be solely stored on Practice Better for automatic payments until you choose to cancel or close your Account. 

In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So, 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. Once you leave our Site or are redirected to a third-party website, you are no longer governed by this Privacy Policy or our Terms of Use.

Other Websites: 

Our Site may contain links to other websites not maintained by Branch Collective Wellness. Other websites may also reference or link to our Site. The inclusion of a link on the website does not imply endorsement of the linked site by us. We are not responsible for the privacy practices of websites operated by third parties that are linked to or integrated with our Site, or for the privacy practices of third-party Internet advertising companies. We encourage you to be aware when you leave our Site, or surf the Internet, and to read the privacy statements of each and every website that you visit.

Information Security:

To protect your Personal Information, we take reasonable precautions and follow industry standard SSL/TLS end-to-end encryption of data in transit to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your financial or any other Personal Information, the information is encrypted using industry standard protections in our database. No payment information is ever stored in our database, as it is solely processed through third parties and is stored in accordance with Practice Better’s terms and policies. All other information we collect may be stored through our Practice Better database in accordance with their privacy policy or, unless we receive a request by you to remove such information.

Although we have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction, please be aware that despite our best efforts, no data security measures can guarantee 100% security.

Privacy of Minors and COPPA Consent:

Direct Notice to Parents

As part of the Services provided to or for your children, we may collect Personal Information from your child through the Site. This information may be collected by Branch Collective Wellness or by a Service Provider to: (i) properly and accurately provide the Services to you and your child; (ii) customize content and improve our Services through the Site; (iii) conduct research and analysis to address the performance of our Site; and (iv) generate anonymous reporting for use by Branch Collective Wellness. 

Parental consent is required for the collection, use, or disclosure of such information from children under the age of 13. BRANCH COLLECTIVE WELLNESS WILL NOT COLLECT, USE, OR DISCLOSE ANY PERSONAL INFORMATION FROM YOUR CHILD UNLESS YOU PROVIDE YOUR CONSENT.

At any time, you may refuse to permit Branch Collective Wellness to collect further Personal Information from your child online, and can request that Branch Collective Wellness delete the Personal Information Branch Collective Wellness has collected in connection with that Account. Please keep in mind that a request to delete records may lead to you and your child being unable to use or access the Services. 

To revoke your consent, please contact Branch Collective Wellness by sending an email to branchcollectivewellness@gmail.com. Once you have reviewed our Privacy Policy, you may provide your consent to our collection, use or disclosure of your child’s Personal Information by completing the Parental Consent to the Collection, Use and Disclosure of Personal Information of a Child consent form and returning it to Branch Collective. If we change the way we collect, use or disclose your child’s personal information, we will send you a new notice and another request for consent. All other terms located within the Privacy Policy apply the same to both children under 13 and all other users.

We use two methods to allow parents to access, change, or delete the personal information that we have collected from their children: (i) Parents can request access to and delete their child’s Personal Information by logging onto their Account; or (ii) Parents can contact Branch Collective Wellness directly at branchccollectivewellness@gmail.com. In any correspondence to Branch Collective Wellness such as e-mail or mail, please include the child’s name and your account name, email address and telephone number.

Parental Consent to the Collection, Use and Disclosure of Personal Information of a Child

I, ______________(Parent’s Name), the parent or legal guardian of ________________ (child’s name), have had the opportunity to review the Branch Collective Wellness Privacy Policy. By signing below, I authorize my child to fully participate in the Branch Collective Wellness Services. I consent to Branch Collective Wellness’s collection, use and disclosure of my child’s Personal Information as set forth in this Direct Notice to Parents and in Branch Collective Wellness’s Privacy Policy. I understand that I may withdraw my permission at any time, with written notice, as set forth in the Branch Collective Wellness Privacy Policy. 

International Data Transfer:

Branch Collective Wellness is a United States company. If you are located outside the United States and choose to provide information to us, Branch Collective Wellness transfers and stores Personal Information to the United States for processing. The U.S. may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to the U.S., we will protect it as described in this Privacy Policy. By visiting the Site or providing Branch Collective Wellness with any information, you fully understand and unambiguously consent to this transfer, processing and storage of your information in the United States.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features in an effort to prevent loss, theft and unauthorized access, use and disclosure.

California Privacy Rights:

The California Consumer Privacy Act (CCPA) provides consumers who are residents of the State of California with specific rights related to their Personal Information, subject to certain exceptions.  It also requires us to disclose the information we collect, the purposes for which we collect it, and what we share and disclose. 

California Civil Code § 1798.83, also known as the “Shine the Light” law, provides California residents with the right to request, once per year, without charge, information from website operators and owners regarding the Personal Information that they collect online and offline, if any, and the third parties, including affiliates, with which they have shared this information during the preceding calendar year, for the direct marketing purposes of the third party. If such information is collected and shared with third parties for their direct marketing purposes, the website operator or owner is required, upon request, to provide the list of categories of Personal Information they collect, if any, and the names and addresses of all third parties with which it has shared such information for direct marketing purposes.

A website operator or owner may meet its obligations, and be exempt from such disclosures, under the Shine the Light law, if it provides California residents the right to opt-out of, and thereby prohibit, the website operator or owner from sharing such Personal Information with third parties including its affiliates, for the direct marketing purposes of the third party.

In accordance with California Civil Code section 1798.83(c)(2), Branch Collective Wellness complies with California’s “Shine the Light” law by providing all of its users, including its California users, with a cost-free method to opt-out of the sharing of Personal Information with all third parties for the direct marketing of those third parties, by not disclosing to third parties, for their direct marketing purposes the Personal Information of any customer if the customer has exercised the option to prevent such disclosure, and by disclosing these policies in its Privacy Policy. Consequently, Branch Collective Wellness is not obligated under Shine the Light to provide California users, who have requested such information, a list of the categories of the Personal Information disclosed by Branch Collective Wellness to third parties for their direct marketing purposes or the names and addresses of the third parties to which Branch Collective Wellness has shared such Personal Information for their direct marketing purposes during the preceding calendar year.

California residents may have further rights related to the handling of their Personal Information under the California Consumer Privacy Act. While Branch Collective Wellness does not “sell” your Personal Information in the traditional sense, it may share your information with third parties.  California residents may have certain rights related to this information, including the right to ask that we “Do Not Sell Your Personal Information,” the right to ask that we delete your Personal Information, or the right to request access to the categories or specific pieces of Personal Information we have collected about you.  California residents also have the right to not be treated differently by Branch Collective Wellness in response to your decision to exercise any of these rights. 

To learn more about these rights, to opt-out of our sharing of your Personal Information, and to exercise other rights that apply, please contact Branch Collective Wellness by emailing us at Branchcollectivewellness@gmail.com. As part of your request, we may ask for certain information including your name and account information, or the manner in which you have previously interacted with Branch Collective Wellness.  We will use this information only to contact you about your request and to verify your request.  You may also designate an authorized agent to submit a request on your behalf. 

Information for Nevada Consumers:

Nevada law requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. This information is limited to direct identifiers, such as your name, postal address, and email address. When Nevada consumers opt out of the sale of their information, website operators must ensure that the information is not sold to another business that will further license or sell the information to others.

If you are a Nevada resident and you would like to opt out of any possible sale of this information, please email us at Branchcollectivewellness@gmail.com. For all requests, you must put the statement “Your Nevada Privacy Rights” in the subject field of your request. You must also include your full name, street address, city, state, and zip code. We will not accept requests via telephone, postal mail, or facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information

Changes to this Privacy Policy:

Branch Collective Wellness reserves the right to change this Privacy Policy from time to time as it sees fit and your continued use of the Site will signify your acceptance of any adjustment to this Privacy Policy. If there are any changes to our Privacy Policy, we will announce that these changes have been made on our home page and on other key pages on our Site. If there are any changes in how we use our customers’ Personal Information, notification by e-mail will be made to those affected by this change. Any changes to our Privacy Policy will be posted on our Site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

Effective Date:

This Privacy Policy is effective as of June 24, 2021.