Online Privacy Policy

Date Last Revised: December 10, 2017

This Privacy Policy (this “Policy”) describes the information that Katy Hearn gathers from you, how we use and disclose your information, and the steps we take to protect your information on our Site, App, and Services. When you utilize the Site, App, and Services, including when you sign up for an account on the App or are generally exploring the Site, you agree to this Privacy Policy and the Terms of Use.

Thank you for your interest in Katy Hearn’s Site, App, and Services. Your privacy is important to Katy Hearn Fitness LLC and Katy.Ai LLC (collectively, “Katy Hearn”, “us”, “our”, or “we”). By using the Site or App, you consent to the privacy practices described in this Policy. This Policy is incorporated into and is subject to the Terms of Use. Capitalized terms that are not defined in the Policy have the meaning given to them in the Terms of Use.

If you have questions or issue with our Policy or practices, please contact us at support@katyhearnfit.com.

1. The information that we collect.

The information we collect from you can be divided into the following general categories:

1.1 User-provided Information. When you use the Service or App, you may provide and we may collect what is generally called “personally identifiable” information, such as your name and email address, mailing address, mobile phone number, photographs, and demographic information such as age, education, gender, interests, and location. For example, you may provide us with personally identifiable information when you register for an account, use the Service or App, post User Content, interact with other users of the Service through communication or messaging features, or send us customer service related requests. Unless you specifically request otherwise prior to submitting your pictures to Katy Hearn, you grant Katy Hearn a lifetime, royaltyfree, worldwide license to use the photographs for marketing pictures you submit to Us.

1.2 Facebook and Facebook Messenger-Provided Information. We collect Facebook and Facebook Messenger account and access information from you for the purposes of connecting to the Facebook API and to authenticate access to information on the Site and App. We may store or log messages or information from your Facebook activity with Katy Hearn and we may access past or archived messages between you and Katy Hearn, including storing nutritional data and other inputs by you. We may use certain personal information from your Facebook account such as your name, age, sex, country, and possibly other personal information that your privacy settings on your Facebook account permit us to access.

1.3 Cookies and Tracking Technologies. We use technologies such as cookies, beacons, tags and scripts (“Technologies”). Our partners, affiliates, analytics, and service providers (e.g. online customer support provider, analytics provider, etc.) may use the same Technologies and additional technologies. These technologies are used to analyze trends, administer the site, track users’ movements around the site, and gather demographic information about you and our entire user base. We may receive reports based on the use of these technologies by these companies on an individual and/or aggregated basis. By utilizing these technologies, we can better serve you. Currently, our website does not respond to browser “do not track” signals; however, if you choose, you can set your website browser to inform you when cookies are sent or you may choose not to accept cookies. Your decision not to accept cookies could limit access to some of the Services and offers that are available on our website. For example, we use cookies for authentication and to remember your preferences. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

1.4 Health Application Aggregation. In order for you to benefit from the full functionality of our Services, our Services request access to your health, diet, nutrition, and exercise information (“Health Information”) contained in related applications, account data, and other stored information. We may use a third party service provider to facilitate the collection of your data from third party websites and mobile applications, including, but not limited to, accessing your account data, activity, and retrieving your Health Information. We do not store your account login information.

1.5 Log files. As is true of most websites, we gather certain information automatically and store it in log files. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, to improve marketing, analytics, or site functionality.

1.6 Local Storage (HTML5). Third parties with whom we partner to provide certain features on our site or to display advertising based upon your Web browsing activity use local storage (LS) such as HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5 LS.

1.7 Information from Other Sources. We may also obtain information, including personally identifiable information, from third parties and sources other than the Service, such as our partners or advertisers. We may also, at your direction, receive information from third party services that provide a mechanism to share information you have provided to such third party through the use of an application program interface (API), such as Facebook Messenger or the Twitter API. If we combine or associate information from other sources with personally identifiable information that we collect through the Service, we will treat the combined information as personally identifiable information in accordance with this Privacy Policy.

2. We limit the uses for the information we collect.

Your information is an integral part of our operations, and we use it in a variety of ways in providing the Service and operating our business. Our primary uses of the data you submit to us are responding to your requests and serving you better. We may use your Personal Data in the following ways:

i. to operate, maintain, enhance, and provide you with the Services;

ii. to personalize the features, performance, and support of the Services for your use;

iii. to send you administrative notifications, such as security, support, or maintenance advisories;

iv. to respond to your inquiries;

v. to send you promotional or marketing information, newsletters, surveys, offers, and other information;

vi. to provide you with opportunities and functionality that we think would be of particular interest to you;

vii. to improve the quality of the Site, App, and the Services;

viii. to analyze, benchmark and conduct research on user data and user interactions with the Services;

ix. to address intellectual property infringement, right of privacy violations or defamation issues related to your User Content posted on the Service or to send you promotional messages related to the Service and the activities of third parties we work with;

x. share with our marketing partners and affiliated companies, including current and future entities associated with Katy Hearn; and,

xi. other legal business activities.

3. How we disclose your information.

We do not sell your personally identifiable information to third parties, and we only share your personally identifiable information with third parties in the ways that are described in this Privacy Policy. We may disclose your personally identifiable information and other information we collect in some circumstances in connection with providing the Service and the operation of our business. For example:

3.1 Any information, including personally identifiable information, that you voluntarily choose to include in a publicly accessible area of the Service will be available to anyone who has access to that content, including other users. You can control what personally identifiable information that you choose to be publicly accessible by adjusting your account settings.

3.2 We work with third party service providers to provide website, application development, hosting, maintenance, and other services for us. To the extent it is necessary for these third party service providers to complete their contractual obligations to us, these third parties may have access to or process your personally identifiable information. Generally, these disclosures are made under terms comparable to this Policy, and the recipients are limited to using the information the purpose for which it was provided. These companies are authorized to use your personally identifiable information only as necessary to provide these services to us.

3.3 We make certain automatically collected and other aggregate non-personally-identifiable information available to third parties, to: (i) comply with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service.

3.4 With your explicit permission, we may make your personally identifiable information available to third parties: (i) for business or marketing purposes; or (ii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Service. If, after providing your explicit permission, you decide you no longer want your personally identifiable information shared with third parties in this manner, you can opt out by contacting us at support@katyhearnfit.com.

3.5 We may also disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law), in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement activity.

3.6 We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to take precautions against liability; to protect us and others from fraudulent, abusive, or unlawful uses or activity; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Service; or to protect the rights, property, or personal safety of us, our users, or others.

3.7 In the event that all or a portion of Katy Hearn or its assets are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from users in connection with such merger, acquisition, sale, or other change of control. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personally identifiable information.

4. You can control your information.

You have the ability to opt-out of receiving any promotional email communications from us through opt out links provided in the messages. To opt out of push notifications, please change settings at the device level or go to the app settings page. You may opt-out of receiving these marketing messages from us and from third parties at any time by contacting us at support@katyhearnfit.com.

Additionally, you may update, correct, or delete your profile information and preferences at any time by accessing your account preferences page through the Service. Please note that while your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

5. Third Party Services.

The Service may contain features or links to websites and services provided by third parties. Any personally identifiable information you provide on third party sites or services is provided directly to that third party and is subject to that third party’s policies, if any, governing privacy and security, even if accessed through the Site, App, or Service. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links or access are provided through the Site or Service. We encourage you to learn about third parties’ privacy and security policies before providing them with personally identifiable information.

Our Site includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the Privacy Policy of the company providing it.

Our Web site offers publicly accessible blogs or community forums. Information that you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at support@katyhearnfit.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. Alternatively, if you used a third party application to post such information, you can remove it, by either logging into the said application and removing the information or by contacting the appropriate third party application.

6. Our Commitment to Children’s Privacy.

Protecting the privacy of young children is especially important. For that reason, we do not allow children under 13 years of age to use the Service or knowingly collect or maintain personally identifiable information from persons under 13 years of age, and no part of the Service is directed to persons under 13 years of age. If you are under 13 years of age, then please do not use or access Service at any time or in any manner. If we learn that personally identifiable information has been collected on the Service from persons under 13 years of age then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 13 years of age has obtained an account on the Service, then you may alert us at support@katyhearnfit.com and request that we delete that child’s personally identifiable information from our systems.

7. Our Commitment to Data Security.

We use certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of your personally identifiable information. We have a data security policy in place that we regularly test. Our security policy utilizes bank-level encryption and other security measures, such as SSL, to protect sensitive information from hackers and unauthorized parties. We cannot ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. WE HEREBY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOU UTILIZE THE SITE, APP, AND SERVICES AT YOUR OWN RISK AND ON AN “AS IS” BASIS. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

8. Privacy Settings.

Although we may allow you to adjust your privacy settings to limit access to your information, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you may choose to share your information. Therefore, we cannot and do not guarantee that information you post on the Service will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. You understand and acknowledge that, even after removal, copies of information that you have posted may remain viewable in cached and archived pages or if other users have copied or stored such information.

9. International Visitors.

The Service is hosted in the United States and is intended solely for visitors located within the United States. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States for storage and processing, and by providing your personally identifiable information on the Site, App, or Service you consent to that transfer, storage, and processing, and the terms of our Terms of Use and this Privacy Policy.

10. Changes and Updates to this Privacy Policy.

Please revisit this page periodically to stay abreast of any changes to this Privacy Policy, which may be revised periodically at our sole discretion, as provided in Section 10 of the Terms of Use. If we modify the Privacy Policy, we will make it available through the Service and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change prior to the change becoming effective. For example, we may send a message to your e-mail address, if we have one on file, or generate a pop-up or similar notification when you access the Service for the first time after such material changes are made. Our amended Privacy Policy will automatically take effect after it is made available through the Service. If you do not agree with any changes to the Privacy Policy, you may terminate your account and stop using the Service. Your continued use of the Service after the revised Privacy Policy has become effective indicates that you have read, understood and agreed to the current version of the Privacy Policy.

Contact us with any questions or comments about this Privacy Policy, your personally identifiable information, our use and disclosure practices, or your consent choices by e-mail at support@katyhearnfit.com or by mail to Katy.Ai LLC, 1900 Plantside Drive, Louisville, KY 40223.