TERMS AND CONDITIONS
Last Updated: Mar 01, 2019
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We understand that privacy online is important to users of our site(s), especially when conducting business.
Please read the Privacy Policy carefully before you start. By using any of our site(s) or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Privacy Policy. If you do not want to agree to the Privacy Policy, you must not access or use our site(s).
MDHargrove, LLC (aka “Company,” “we,” or “us”) respects your privacy and is committed to protecting it through this Privacy Policy.
In this policy, the term the (“Site”) refers to smarterlyfe.com and smarterlyfe.thinkfic.com; as well as, any other such sites associated with the SmarterLyfe brand to include any content, functionality, and services offered on or through the Site, and this statement governs our privacy policies with respect to those users of the Site (“Visitors”) who visit without transacting business and Visitors who register to transact business on the Site and make use of the various services offered by the Site (collectively, “Services”) (“Authorized Customers”).
Personal Identifiable Information
Refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to (name, street address, mailing address, work address, home phone number, cell phone number, work phone number, fax number, email address, financial profiles, social security number, personal information, and credit card information).
Personal Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.
Personal Identifiable Information may be collected automatically or through voluntary actions, Visitors may take during their visit. This policy applies to information we collect on the Site and in email, text, or other electronic messages between you and the Site.
Personal Identifiable Information collected through the Site is securely stored and is not accessible to third parties or employees of the Company except for use as indicated in this policy.
Changes of Personal Identifiable Information
Visitors and Authorized Customers may contact us to update or correct inaccuracies to Personal Identifiable Information about them by emailing us at support@smarterlyfe.com.
Visitors and Authorized Customers may opt out of receiving unsolicited information from or being contacted by us and/or our vendors and affiliated agencies by responding to emails as instructed, or by contacting us at support@smarterlyfe.com.
Visitors and Authorized Customers may delete/deactivate Personal Identifiable Information from the Site’s database by contacting support@smarterlyfe.com; however, because of backups and records of deletions, it may be impossible to delete a Visitor’s entry without retaining some residual information. An individual who requests to have Personal Identifiable Information deactivated will have this information functionally deleted, and we will not sell, transfer, or use Personal Identifiable Information relating to that individual in any way moving forward.
Disclosure of Personal Identifiable Information
As a general rule, we do not sell, rent, lease or otherwise transfer any information collected whether automatically or through your voluntary action; however, we have entered into and will continue to enter into partnerships and other affiliations with a number subsidiaries, affiliates, and service providers for the purpose of providing our services to you, and we may disclose your Personal Identifiable Information on a need to know basis.
We may disclose Personal Identifiable Information to a third party, who provides technical support for the operation of the Site (our Web hosting service for example) whenever we deem it appropriate or necessary.
We may disclose Personal Identifiable Information to a third party, including a lawyer or collection agency, when necessary to enforce our terms of service or any other agreement between you and the Company.
We may provide Personal Identifiable Information to any successor in interest in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets and/or business.
We may disclose Personal Identifiable Information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it, in order to comply with a court order or subpoena, a request from a law enforcement agency to release information or for the protection of our legal rights or when compelled by a court or other governmental entity to do so.
We may provide Personal Identifiable Information when reasonably necessary to protect the safety of our Visitors and Authorized Customers.
Please note we may not provide you with notice prior to disclosure in such cases.
Information We Collect About You
When you access the Site, the Company will learn certain information about you during your visit.
Information You Provide To Us. The Site provides various places for users to provide information. We collect information that users provide by filling out forms on the Site, communicating with us via contact forms, responding to surveys, search queries on our search feature, providing comments or other feedback, and providing information when ordering a product or service via the Site.
We use information you provide to us to deliver the requested product and/or service, to improve our overall performance, and to provide you with offers, promotions, and information.
Information We Collect Through Automatic Data Collection Technology. As you navigate through the Site, we may use automatic data collection technologies including Google Analytics to collect certain information about your equipment, browsing actions, and patterns. This will generally include information about your location, your traffic pattern through the Site, and any communications between your computer and the Site. Among other things, we will collect data about the type of computer you use, your Internet connection, IP addresses, ISPs, and browser types, to analyze trends, administer the Site, track a user’s movement and use, and gather broad demographic information.
The information we collect automatically is used for statistical data and will not include personal information. We use this data to improve the Site and our service offerings. To the extent that you voluntarily provide Personal Identifiable Information to us, our systems will associate the automatically collected information with your personal information.
How And Why We Collect Information
The Company collects your information in order to record and support your participation in the activities you select. If you register to download a book or resources, sign up for our newsletter, and/or purchase a product from us, we collect your information. We use this information to track your preferences and to keep you informed about the products and services you have selected to receive and any related products and/or services. As a Visitor to the Site, you can engage in most activities without providing any personal information. It is only when you seek to download resources and/or register for services that you are required to provide information.
If you are outside the European Union and opt to receive any free resources, participate in any free training programs, participate in contest, utilize message boards and chat rooms, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by the Company on the Site, we will automatically enroll you to receive our free email newsletter. If you do not wish to receive this newsletter, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to support@smarterlyfe.com requesting to unsubscribe from future emails.
If you are in the European Union and opt to receive any free resources, participate in any free training programs, participate in contest, utilize message boards and chat rooms, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by the Company on the Site, we will only enroll you to receive our free email newsletter if you affirmatively consent to it. If you do not wish to receive this newsletter, you can unsubscribe anytime. We include an “unsubscribe” link at the bottom of every email we send. If you ever have trouble unsubscribing, you can send an email to support@smarterlyfe.com requesting to unsubscribe from future emails.
Like most websites, the Site also collects information automatically and through the use of electronic tools that may be transparent to our Visitors. As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the Site or may be asked to re-enter your user name and password, and we may not be able to customize the Site’s features according to your preferences.
Use of Cookies And Pixels
Similar to other commercial websites, the Site utilizes a standard technology called “cookies” and server logs to collect information about how the Site is used. Information gathered through cookies and server logs may include the date and time of visits, the pages viewed, time spent at the Site, and the websites visited just before and just after our own, as well as your IP address.
A cookie is a very small text document, which often includes an anonymous unique identifier. When you visit a website, that site’s computer asks your computer for permission to store this file in a part of your hard drive specifically designated for cookies.
Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other sites.
The Company reserves the right to use technological equivalents of cookies, including social media pixels. These pixels allow social media sites to track visitors to outside websites so as to tailor advertising messages users see while visiting that social media website. The Company reserves the right to use these pixels in compliance with the policies of the various social media sites.
How We Use the Information You Provide Us
We use Personal Identifiable Information for purposes of presenting the Site and its contents to you, providing you with information, to communicate with you about your registration and customization preferences, provide you updates about our Terms of Service and Privacy Policy, providing you with offers for products and services, providing you with information about your subscriptions and products, carrying out any contract between you and the Company, administering our business activities (to include but not limited to site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you), providing customer service, and making available other items and services to our customers and prospective customers we think you might find of interest.
From time-to-time, we may use the information you provide to us to make you offers to purchase products and services provided by third parties in exchange for a commission to be paid to us by such third parties. Should you opt to take part in such promotions, the third parties will receive your information. See more about third-party collection of data below.
From time-to-time, we may use the information you provide to us to display advertisements to you that are tailored to your personal characteristics, interests, and activities.
How We Protect Your Information and Secure Information Transmissions
While we take commercially reasonable measures to maintain a secure site and to ensure the security of the information you provide to us and the information we collect automatically, electronic communications and databases are subject to errors, tampering, and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors or Authorized Customers for any such occurrences.
Email is not recognized as a secure medium of communication. For this reason, we request that you do not send private information to the Company by email. However, doing so is allowed, but at your own risk. Some of the information you may enter on the Site may be transmitted securely via a secure medium known as Secure Sockets Layer, or SSL. Credit Card information and other sensitive information is never transmitted via email.
The Company may use software programs to create summary statistics, which are used for such purposes as assessing the number of Visitors to the different sections of the Site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
This includes using standard security protocols and working only with reputable third-party vendors; however, we do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from Visitors and Authorized Customers. Some of these third parties may be intermediaries that act solely as links in the distribution chain and do not store, retain, or use the information given to them.
Email Correspondence Policy
If you choose to correspond with the Company through email, we may retain the content of your email messages together with your email address and our responses. We provide the same protections for these electronic communications that we employ in the maintenance of information received online, mail, and telephone. This also applies when you register for the Site, sign up through any of our forms using your email address or make a purchase on the Site.
We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our subscription lists to third parties, and will not disclose your email address to any third parties except as allowed in the section titled Disclosure of Personal Identifiable Information.
We will maintain the information you send via e-mail in accordance with applicable federal law; and in compliance with the CAN-SPAM Act, all e-mails sent from our organization will clearly state who the e-mail is from and provide clear information on how to contact the sender. In addition, all e-mail messages will also contain concise information on how to remove yourself from our mailing list so that you receive no further e-mail communication from us.
Our emails provide users the opportunity to opt-out of receiving communications from us and our partners by reading the unsubscribe instructions located at the bottom of any e-mail they receive from us at any time.
Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking on the unsubscribe link in the e-mail.
Third-Party Collection Of Information
In addition to our direct collection of information, our third-party service vendors (such as credit card companies, payment processing partners, and banks) who may provide such services as credit, insurance, and escrow services may collect this information from our Visitors and Authorized Customers.
We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from Visitors and Authorized Customers. Some of these third parties may be intermediaries that act solely as links in the distribution chain and do not store, retain, or use the information given to them.
Third Party Use Of Cookies. Some content or applications, including advertisements, on the Site, are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Site.
The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
Visitors’ GDPR Rights
If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:
We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.
You have the right to request access to your data that the Company stores and the rights to either rectify or erase your personal data.
You have the right to seek restrictions on the processing of your data.
You have the right to object to the processing of your data and the right to the portability of your data.
To the extent that you provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
Children
The Site is not intended for children under 13 years of age and no one under age 13 may provide any information to or on the Site. If you are under 13, do not use or provide any information on the Site or on or through any of its features/register on the Site, make any purchases through the Site, use any of the interactive or public comment features of the Site or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.
The Site does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe the Site has any information from or about anyone under 13, please contact us at support@smarterlyfe.com.
Links, Affiliates And Advertisers
The Site contains links to other web sites. Please note that when you click on one of these links, you are moving to another website. We encourage you to read the privacy statements of these linked sites as we are not bound by their privacy policies which may differ from ours.
While, the Company expects its partners, advertisers and affiliates to respect the privacy of our users; be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through the Site, may have their own privacy and data collection policies and practices to govern the framework, content hosted on or actually created by a third party, website pages, features, contests or sweepstakes offered by those other parties.
The Company is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.
While on the Site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information.
The Company does not control the use of this technology by third parties or the resulting information and is not responsible for any actions or policies of such third parties.
You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of the Company, the Site, and this policy.
Policy Changes
The Company reserves the right to make changes to this privacy policy at any time.
We will let our Visitors and Authorized Customers know about changes to our privacy policy by posting such changes on the Site. However, if we are changing our privacy policy in a manner that might cause disclosure of Personally Identifiable Information that a Visitor or Authorized Customer has previously requested not be disclosed, we will contact such Visitor or Authorized Customer to allow such Visitor or Authorized Customer to prevent such disclosure.
The ’Privacy Policy’ will always be noted by a date [as stated at the top of the policy] identifying the most recent revision of said policy. It is the responsibility of the Visitor or Authorized Customer to ensure we have an up-to-date active and deliverable email address for you, and for regularly visiting the Site and this privacy policy to check for any changes. Your continued use of our site following the posting of changes to these terms will mean you accept those changes.
Governing Law
This privacy policy and the use of this Site are governed by State of Texas law. If a dispute arises under this policy, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: State of Texas. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: State of Texas, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
The Site is controlled, operated and administered entirely within State of Texas. This statement and the policies outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any party.
Contact Us
The Company welcomes your questions or comments regarding the Privacy Policy:
6200 Savoy Drive, Suite 1202
Houston, Texas 77036
Email Address: support@smarterlyfe.com
