Privacy Policy
DEFEAT YOUR CRAVINGS, LLC. (“Company”) respects your privacy and is committed to protecting it through our compliance with this policy.
This policy applies to information collected by the Company:
• On this Website
• In email, text, and other electronic messages between you and this Website.
It does not apply to information collected by:
• Us offline or through any other means, including on any other website operated a third party; or
• Any third party, including through any application or content (including advertising) that may link to or be accessible from or on this Website.
This Privacy Policy provides our policies and practices regarding your information and how we will treat it. By accessing or otherwise using this site, you agree to be bound contractually by this Privacy Policy. If you do not agree with our policies and practices, you should not use our Website.
PRIVACY POLICY (Updated February 19, 2024)
1. Modification of Privacy Policy. The Company reserves the right to modify this Privacy Policy at any time. Please check back periodically to review the latest Privacy Policy and effective date. If at any time you do not agree to the most current Privacy Policy, you may terminate this Agreement by written notice to us; you will thereafter cease all use of this website, our services, and/or any online materials. If you do not so terminate the Agreement, you will be deemed to agree to the changes to this Privacy Policy and be bound by same. All changes will be effective for any transactions that take place after the date of the change. Your continued use indicates your acceptance of the amended Privacy Policy.
2. Additional “Click-Wrapped” Agreements. This Privacy Policy provides the general policies of this site regarding the collection and use of private information and this site’s use of email to contact you. The Company reserves the right to offer to you participation in such additional agreements in “click-wrapped” format (where you may indicate your agreement by clicking on a button or icon) that may provide specific exceptions to these general policies. If there is any inconsistency or conflict between this Privacy Policy and any such “click-wrapped” agreement, the “click-wrapped” agreement shall prevail.
3. Privacy Statement. The Company operates this website. All references to “we”, “us”, “this website” or “this site” shall be construed to mean Defeat Your Cravings, LLC with regards to the privacy and security of user information as a critical component of the services that we offer to our users. The following information explains our information gathering and dissemination practices.
4. Information We Collect. We reserve the right to require you to register on the Website to receive certain benefits or services and to provide certain registration data including your name, email address, phone number, postal address and any/all data requested in our free coaching test (“Registration Data”). We may also collect information on:
The dates and times of your visit to the site, including any IP addresses, Web Beacon, operating system, browser type, and cookies.
– Cookies are pieces of information that a web site transfers to your computer’s hard disk for record-keeping purposes. Cookies in and of themselves do not personally identify users, although they do identify a user’s computer. Most browsers are initially set up to accept cookies. If you prefer, you can set your browser to refuse cookies. However, you may not be able to take full advantage of a web site if you do so. We reserve the right to use cookies to collect demographic and profile data for purposes of delivering content specific to your interests. Advertisers that display ads on our site may also use cookies; however we do not have access to the information obtained from cookies issued from other sites. This site’s test specifically requires both cookies and JavaScript to be enabled in order to calculate the personally customized results of your test (and to deliver personally customized follow up information via email autoresponders later on), and by using it, You are giving Defeat Your Cravings, LLC permission to collect and store information about You via the use of cookies, JavaScript, and other technologies and programming languages. You may easily erase all cookies stored by this site at any time by accessing the cookies section in your browser. For instructions, see this Google Search
– IP Addresses. IP addresses are used by your computer every time you are connected to the Internet. Your IP address is a number that is used by computers on the network to identify your computer. IP addresses are automatically collected by our web server as part of demographic and profile data known as “traffic data” so that data (such as the web pages you request) can be sent to you. We will not use your IP address to attempt to identify your personal information.
– Web Beacon: Pages of this site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity)
When you report a problem on our Website;
How you move around different sections of our website for analytics purposes to understand how people use our website so that we can make it more intuitive;
Records and copies of your correspondence (including email addresses), if you contact us;
Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our site.
5A. Use of Registration Data and Other Information (How We Use Your Information). We reserve the right to use Registration Data to tailor our site to your particular needs. We also reserve the right to use Registration Data to send you emails specific to the site and required for the normal functioning of the site, plus additional emails, subject to your right to opt-out and discontinue such emails. The information we collect helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.
• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide though it. We reserve the right to use demographic and/or profile information gathered in the course of your taking the free coaching test to tailor your experience on our site, showing you the content that we think you might be interested in, as well as displaying the content according to your preferences.
Notwithstanding the above, you may unsubscribe from any of our lists by clicking the special unsubscribe link at the bottom of our emails and/or by sending a request to support@defeatyourcravings.com.
5B. Do Not Call List Waiver. By providing your phone number on any form on this Website, you are officially establishing a business relationship with Defeat Your Cravings, LLC and granting us permission to telephone you. Phone numbers provided without payment for products or services will be considered “inquiries” for this purpose (which gives us the right to telephone you for up to 3 months), and phone numbers provided with payment for products or services will be considered purchases, which gives us the right to telephone you for 18 months. The above permissions to telephone are granted especially if the same number is registered in the National Do Not Call Registry and/or the do not call registry of any State or local municipality. In other words, you are explicitly waiving your Do Not Call status with regards to Defeat Your Cravings, LLC. Notwithstanding the above, if you ever wish us to stop telephoning you, you only need send an email to support@defeatyourcravings.com and/or telephone us at 516 234 5371.
6. Opt Out of Behavioral Advertising. Third party vendors may use cookies to serve ads based on prior visits to this website. No personally identifiable information is collected by these cookies. You can opt out of third-party vendor’s cookies at any time by visiting this page: http://www.networkadvertising.org/managing/opt_out.asp
7. Referrers. A Referrer is the information passed along by a web browser that references the Web URL you linked from, and is automatically collected by our web server as “traffic data.” We reserve the right to use this information to identify broad demographic trends that may be used to provide information tailored to your interests. We also reserve the right to share your personally identifiable information with our Referrers.
8. System Information. System information that we collect as part of “traffic data” includes time, the type of web browser being used, the operating system/platform, and CPU speed. This information is sent automatically by your web browser when you are connected to a web site. We reserve the right to use this information for purposes of identifying broad demographic trends and may be used to provide information appropriate for your computer system.
9. Sharing of Information. We reserve the right to sell, transfer, rent, license, or otherwise share our customer’s personally identifiable information and data to third parties. By using our Website and/or registering with us, you understand and/or acknowledge and/or consent to the sharing of your personally identifiable information and/or data. Some of your information may be shared on an aggregate basis as well, as a part of a larger set of statistics (for example, statistics that indicate the percentage of our members that are female). We also reserve the right to disclose personally identifiable data in the following circumstances: (i) if we are required to do so by law, or (ii) if we have the good faith belief that such action is necessary to conform to applicable laws or comply with legal process served on us, or to protect and defend this site’s rights or property or the rights or property of an account holder of this site including fraud protection or credit risk, or (iii) to enforce any agreements or terms with us, including for billing and collection purposes.
10. Grant of Copyright. By using our services and/or Web Site, you explicitly agree to grant a copyright(s) to Defeat Your Cravings, LLC of any recorded content in a product or service we provide. Specifically, you acknowledge and agree to grant the Company an exclusive copyright to the recordings of the weekly Q&A sessions the Company conducts that are shared within the Defeat Your Cravings community.
11. Other Web Sites, Links, And Advertisers. This web site contains links to other web sites. We reserve this right to have advertisers or other third parties on this site who may also have links on this web site and may link to this site. The privacy practices of advertisers or web sites linked to this site are not covered by this privacy statement, and we are not responsible for the privacy practices or the content of such web sites. Additionally, if you make a purchase from a store or merchant listed on or linked to this site, any information that you give, such as your credit card number and contact information, is provided to those merchants. These merchants have separate privacy and data collection practices, and we have no responsibility or liability for these independent policies. You should be careful to review any privacy policies posted on any of these sites before signing up with and using them.
12. Security. Information collected by this site is stored in secure operating environments that are not available to the public. Our employees are required by us to maintain and uphold your privacy and security and are aware of our privacy and security policies. Unfortunately, no data transmission over the Internet can be guaranteed 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. We will keep your email, associated browsing data, and sales data for up to twenty years. Once this time period has expired, we will delete your data by manually requesting the shopping cart and email services we utilize do so.
13. Update/Edit. Registered users may update or edit their account and personal information previously entered by following these instructions: log in, click on the link “Modify Profile”; then view and modify your personal data per the instructions provided on the linked page.
14. Your Rights to Your Information. You own your personal information and have rights to it. For example, you have the rights to:
– Withdraw your consent for us to market our products and services to you and otherwise use the personal information you have provided to us. Simply click “unsubscribe” in the footer of our emails, or contact us for additional assistance.
– Request a copy of the information we have about you.
– Be forgotten (that is, have your data deleted and/or ask us to stop using your information for any purpose);
– Correct inaccurate information we have about you (and that means we will notify other service providers we use, and who hold your personal information for us, of those changes as well);
– Object to direct marketing and profiling (for example, we will remove you from our email list and from any list we have uploaded for the purposes of creating custom or retargeted audiences). We also encourage you to disable data collection services on your browser;
– Make complaints about the use of your data to regulatory authorities.
15. Users in the European Union, Switzerland, and the United Kingdom. For international users, a European Union law called the General Data Protection Regulation (“GDPR”) gives certain rights to applicable individuals in relation to their personal data. Accordingly, we have implemented transparency and access controls to help such users, including residents of the EU, Switzerland, and the United Kingdom exercise those rights. As required under applicable law, the rights afforded to you are:
A right of access: you have the right to obtain (i) confirmation as to whether personal data concerning you are processed or not and, if processed, to obtain (ii) access to such data and a copy thereof. We provide an easy-to-view snapshot of such data via the “My Data” tab in the Products.
A right to rectification: you have the right to obtain the rectification of any inaccurate personal data concerning you. You also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
A right to erasure: in some cases, you have the right to obtain the erasure of personal data concerning you. Upon request, the Company will permanently and irrevocably anonymize your data such that it can never be reconstructed to identify you as an individual. However, this is not an absolute right and Headspace may have legal or legitimate grounds for keeping such data.
A right to restriction of processing: in some cases, you have the right to obtain restriction of the processing of your personal data.
A right to data portability: you have the right to receive the personal data concerning you which you have provided to the Company, in a structured, commonly used and machine-readable format, and you have the right to transmit those data to another controller without hindrance from the Company. This right only applies when the processing of your personal data is based on your consent or on a contract and such processing is carried out by automated means.
A right to object to processing: you have the right to object at any time, on grounds relating to your particular situation, to processing of personal data concerning you when such processing is based on the legitimate interest of the Company. The Company may, however, invoke compelling legitimate grounds for continued processing. When your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of such data. You may, in particular, exercise that right by clicking on the “unsubscribe” link provided at the bottom of any messages received, or by managing your privacy preferences by logging in to you’re the Company account and following the instructions.
A right to lodge a complaint with the competent supervisory authority: you have the right to contact the supervisory authority to complain about the Company’s personal data protection practices.
A right to give instructions concerning the use of your data after your death: as required by applicable law, you may have the right to give the Company instructions concerning the use of your personal data after your death. To exercise one or more of these rights, you can contact us for additional assistance. You may access your personal data to modify or update at any time via an online account, or by contacting us. We will respond to your request in a reasonable timeframe in accordance with applicable law.
16. No Liability for Acts of Third Parties. Although the Company will use reasonable efforts to safeguard the confidentiality of your personally identifiable information (including credit card information), transmissions made by means of the Internet cannot be made absolutely secure. The Company will have no liability for disclosure of information due to errors in transmission or unauthorized acts of third parties. In addition, the Company will release specific information about you to comply with any valid legal process such as a search warrant, subpoena, statute, or court order, or as otherwise provided by this Privacy Policy. We will also release specific information in special cases, such as if there is an attempted breach of security or a physical threat to you or others.
Please note that if you give out personal identification information online — that information can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you post in these forums. You disclose such information at your own risk.
17. Transfer of Your Information. As we continue to develop our business, we might acquire or buy other businesses or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that all or substantially all of our business or assets are acquired, both personally identifiable and non-personally identifiable user and customer information will be one of the transferred assets.
18. A Note to Children and Parents: Our Website is not intended for those under 18 years of age. No one under age 18 may provide any information to or on this Website. The Company intends that this Website be used by adults only. Children: Before sending any information about yourself over the Internet to us or anyone else, be sure to ask your parents for permission. Parents: The Company recommends that parents take an active role in their children’s use of the Internet. We encourage you to talk to your children about safe and responsible use of their personal information while using the Internet. If a child has provided us with personally identifiable information, a parent or guardian of that child may contact us at the e-mail address, phone, or mailing address provided by this Website below if they would like this information deleted from our records. We will use reasonable efforts to delete the child’s information from our databases.
19. Google Cookies: Third party vendors, including Google, show the Company’s ads on sites on the internet. Third party vendors, including Google, use cookies to serve ads based on a user’s prior visits to your website. You may opt out of Google’s use of cookies by visiting the Google advertising opt-out page.
20. Contact Us. If you have submitted personally identifiable information through this site, or if someone else has submitted your personally identifiable information, and you would like to review, request changes or have that information deleted from our databases, please contact the Company via e-mail or send a letter to our Privacy Compliance Coordinator at the address indicated below. We will then use reasonable efforts to change or remove your personally identifiable information from our files, unless we are entitled or required to retain it pursuant to other agreements or by law. You may also contact us through either of the above methods to request or review the personally identifiable information that the Company has collected about you. The Company will use reasonable efforts to supply you with this information and correct any factual inaccuracies in this information. Our contact information and preferred methods of reaching us can be found on the CONTACT US PAGE.
Defeat Your Cravings, LLC.
710 N Ocean Blvd., Suite #412,
Pompano Beach, FL 33062
Contact: support@defeatyourcravings.com
Telephone: 516 234 5371
Facsimile: 516-706-0475
Supplemental Information For California Residents
Your Privacy Rights: This Privacy Notice for California Residents supplements the information contained in the Defeat Your Cravings, LLC Privacy Policy above and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:
• Publicly available information from government records.
• Deidentified or aggregated consumer information.
In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
Our Website obtains the categories of personal information listed above from the following categories of sources:
• Directly from you. For example, from forms you complete or products and services you purchase.
• Indirectly from you. For example, from observing your actions on our Website.
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12
months. Once we receive and confirm your verifiable consumer request, we will disclose
to you:
• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we disclosed your personal information for a business purpose, two separate lists disclosing:
o sales, identifying the personal information categories that each category of recipient purchased; and
o disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing us at support@defeatyourcravings.com
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include: Describing your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Time:
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also
explain the reasons we cannot comply with a request, if applicable.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your
request.
NON-DISCRIMINATION
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
We reserve the right to amend this California privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
Email: support@defeatyourcravings.com
Call us at: 754-247-2570
Or write to us:
Defeat Your Cravings, LLC
710 N Ocean Blvd., Suite #412
Pompano Beach, FL 33062