1. THE INFORMATION WE COLLECT
We may collect information, which includes Personal Information, in various ways. “Personal Information” means any information that relates to an identified or identifiable individual, such as name, address, telephone number, or email address. We indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so, at the time of the collection of your Personal Information. If you do not provide the Personal Information necessary to provide you with our products and services, you will not be able to benefit from them.
Information Collected via Automated Means
When you visit our website and/or purchase our Products, some information is automatically collected, such as your IP address, browser type, system type, the content and pages that you access on our website, “referring URL” (i.e., the page from which you navigated to our website), the pages you navigate to on the website, and from which you leave the website, as well as the time you spend on the website. We may use IP address to derive your approximate location.
We collect this information via automated means, such as standard server logs, cookies, clear GIFs (also known as “Web beacons”) and similar technologies. We use this information to administer, operate, and improve our services and systems, and to provide products, content and advertising that are tailored to you.
Also, please be aware that third parties may set cookies on your hard drive or use other automated means to collect information about your use of their services or content.
Information Provided by You
We collect Personal Information that our users provide to us in a variety of ways in the purchasing process. For instance, when you purchase an Metabolic Effect product or fat loss program, update your account information online, leave a comment on our blog/Facebook, or otherwise post or transmit any information or content on or to our Company, request information about any products or services that we may provide, request help and support regarding any of our order or account, or otherwise communicate with us, we collect the Personal Information that is provided to us. We may collect Personal Information such as name, email address, city, state, country, other demographic information, weight, body composition, measurements, and your interests and preferences in these manners. We also collect any information that you include in the content of messages you send to us.
We collect information about you during the checkout process on our store and during the use of our calculators.
What we collect and store
While you visit our site, we’ll track:
- Products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed
- Location, IP address and browser type: we’ll use this for purposes like estimating taxes and shipping
- Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order!
When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We’ll use this information for purposes, such as, to:
- Send you information about your account and order
- Respond to your requests, including refunds and complaints
- Process payments and prevent fraud
- Set up your account for our store
- Comply with any legal obligations we have, such as calculating taxes
- Improve our store offerings
- Send you marketing messages, if you choose to receive them
If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.
If you use a calculator such as the Metabolic Effect Shape Calculator and Metabolic Effect Calorie and Macro Calculator, we store the Personal Information you enter such as your name, email address, gender, body weight and body measurements. We use these to calculate a value and to send you easily readable messages with your results and explanations.
We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. For example, we will store order information for 10 years for tax and accounting purposes. This includes your name, email address and billing and shipping addresses.
We will also store comments or reviews, if you choose to leave them.
Who on our team has access
Members of our team have access to the information you provide us. For example, both Administrators and Shop Managers can access:
- Order information like what was purchased, when it was purchased and where it should be sent, and
- Customer information like your name, email address, and billing and shipping information.
Our team members have access to this information to help fulfill orders, process refunds and support you.
What we share with others
We share information with third parties who help us provide our orders and store services to you; for example ShipStation (https://www.shipstation.com/privacy-policy/) processes orders of physical products.
We never sell your information.
We accept payments through PayPal, Authorize.Net, and Stripe. When processing payments, some of your data will be passed to these providers, including information required to process or support the payment, such as the purchase total and billing information.
Information from Other Sources
We may receive Personal Information about you from third parties, including public databases and industry-standard data vendors, and may combine this information with other Personal Information we maintain about you.
2. HOW WE USE YOUR INFORMATION
We use Personal Information for a number of purposes, including to:
- Provide products, services and information that you request, respond to comments and questions, and otherwise provide support to users;
- Enhance, improve, operate, and maintain our products, programs, services, website, and other systems, including to protect against and prevent fraud;
- Prevent fraudulent use of our services or products;
- Tailor your user experience;
- Maintain a record of our dealings with you;
- Understand and analyze the usage trends and preferences of our users, to improve the services, and to develop new products, services, features, and functionality;
- Contact you for administrative and information purposes—this may include providing customer service or sending communications, including changes to our terms and conditions;
- Develop and provide promotional and advertising materials that may be useful, relevant, valuable, or tailored to you, or otherwise of interest;
- Achieve business purposes, such as account verification, audits, security, compliance with applicable laws and regulations, fraud monitoring and prevention;
- Enforce our Terms of Service or as necessary to establish, exercise or defend legal rights;
- Achieve purposes for which we provide specific notice at the time of collection.
If you are located in the European Economic Area or Switzerland, we will rely on a lawful legal ground for the processing of your Personal information, including when:
- You consented to the use of your Personal Information (e.g., for our uses of cookies or similar technologies, to send you marketing communications or personalize our offerings).
- Necessary to provide you with products and services, or to respond to your inquiries.
- The processing is required by applicable law or necessary to comply with a legal obligation.
- We, or a third party, have a legitimate interest in using your Personal Information, such as to ensure and improve the safety, security, and performance of our products and services, to protect against and prevent payment fraud or to carry out data analyses. We will not engage in what is known as “automated decision-making,” which involves making decisions with legal or similarly significant effects solely based on automated processing of Personal Information, unless you explicitly consented to the processing, the processing is necessary for entering into, or to perform a contract, or when authorized by applicable law.
3. HOW WE DISCLOSE YOUR INFORMATION
When serving our customers, we do not disclose Personal Information about you to our service account to third parties, and take all necessary measures to help prevent fraudulent processing of online payments.
Conversely, we may disclose Personal Information to third parties if we believe that doing so is legally required or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others.
In addition, information about our users, including Personal Information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which Personal Information could be transferred to third parties as one of our business assets.
4. YOUR RIGHTS AND CHOICES
If you receive promotional emails from us, you may unsubscribe at any time by following the instructions contained within the email. You may also opt-out from receiving promotional emails from us by sending us an email or by writing to us at the address given at the end of this policy.
Please be aware that if you opt-out of receiving promotional email from us, it may take up to ten business days for us to process your opt-out request, and you may receive promotional email from us during that period. Additionally, even after you opt-out from receiving promotional messages from us, you may continue to receive administrative messages from us regarding updates to your customer account and receipts for purchases and other order status messages.
Cookies and Similar Technologies
Metabolic Effect does not process or respond to web browsers’ “do not track” signals or other similar transmissions that indicate a request to disable online tracking of users who use or visit our website.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
Access and Deletion – Right to Erasure
As part of the user account functionality on our services, you may have the ability to access and update many categories of Personal Information that you provide to us by logging into your account and accessing your account settings. If you wish to amend or erase any other Personal Information that you have provided to us, or that may have been collected from you by Metabolic Effect, please send us an email with your full name, the email which you are being being solicited at, and (if applicable) the order number of the last order that you received. Please send this information to the Office of Governance, Risk and Compliance at [email protected]
Metabolic Effect acknowledges our customer’s “Right to Erasure”. If you request that we delete information associated with your Metabolic Effect orders, we will do so within a reasonable period of time, but we may need to retain some of your Personal Information in order to satisfy our legal obligations, or where we reasonably believe that we have a legitimate reason to do so.
If you are located in the European Economic Area or Switzerland, you may have the right to:
- Request access to and receive information about the Personal Information we maintain about you, to update and correct inaccuracies in your Personal Information, to restrict or to object to the processing of your Personal Information, to have the information anonymized or deleted, as appropriate, or to exercise your right to data portability to easily transfer your Personal Information to another company. In addition, you may also have the right to lodge a complaint with a supervisory authority, including in your country of residence, place of work or where an incident took place.
- Withdraw any consent you previously provided to us regarding the processing of your Personal Information, at any time and free of charge. We will apply your preferences going forward and this will not affect the lawfulness of the processing before your consent withdrawal.Those rights may be limited in some circumstances by local law requirements. You may exercise your rights by contacting us as specified below.
Children’s safety is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. Our products are not directed to children under the age of 18, and we do not knowingly collect Personal Information from children under the age of 18. If we learn that we have collected Personal Information from a child under the age of 18 on our website, we will delete that information as quickly as possible. If you believe that we may have collected any such Personal Information on our website, please notify us at [email protected]
7. DATA TRANSFERS
Our website is hosted in the United States and are intended generally for United States users. However, individuals located outside of the United States may also benefit from our products and services. We may transfer your Personal Information to countries other than the country where you are located, including to the United States where we are headquartered.
Visitor comments may be checked through an automated spam detection service.
We may also transfer your Personal Information to countries which provide an adequate level of protection under EU law, or in limited situations we may use contractual protections for the transfer of Personal Information to third parties, such as the European Commission’s Standard Contractual Clauses. You may contact us as specified below to with any questions in regards to the international transfer of Personal Information.
We use reasonable security measures that are designed to protect Personal Information in our control from loss, misuse, unauthorized access, use, disclosure, alteration, or accidental, unlawful or unauthorized destruction. Please note, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any Personal Information or other information or that it will not be accessed, viewed, or acquired by unauthorized persons.
We take measures to delete your Personal Information or keep it in a form that does not permit identifying you when this information is no longer necessary for the purposes for which we process it, unless we are required by law to keep this information for a longer period. When determining the retention period, we take into account various criteria, such as the type of products and services requested by or provided to you, the nature and length of our relationship with you, possible re-enrolment with our products or services, the impact on the services we provide to you if we delete some information from or about you, mandatory retention periods provided by law and the statute of limitations.
9. UPDATES TO THIS POLICY
We may occasionally update this policy. When we do, we will also revise the “last updated” date at the beginning of the policy. Your continued use of our services after such changes will mean that you accept the revised policy. We encourage you to periodically review this policy to stay informed about how we collect, use, and disclose Personal Information.
10. CONTACTING US
Office of Governance, Risk and Compliance: [email protected]
3456 Robinhood Rd
Winston Salem, NC 27106