Privacy Notice

Last Updated February 15, 2023

Who we are

This Privacy Notice is effective as of the date above written.  Please review our previous Privacy Policy here.  This Privacy Notice explains how Stronger U Nutrition, which may include its parent, affiliates, employees, volunteers, agents and authorized representatives including independent contractors, located at 111 Weir Drive, Woodbury, Minnesota 55125 United States (“Stronger U”, “we” or “us”) collects, uses and discloses information about you (“you”, “member” or “consumer”).  This Privacy Notice covers the operations of our (a) nutrition coaching and business development, (b) website under www.strongeru.com and any related sites (the “Site/s”), and (c) mobile software applications, including our Stronger U application, which may cover information pulled from affiliated applications to the extent that information is included in the Stronger U application (“Apps”).  The Privacy Notice applies when you:  access or use our Sites, Apps, and other online products and services, interact with our coaches, provide Services as a coach, contact our customer service team, engage with us on social media, including any transactions you make with us, including any affiliated website or application accessed via any type of device, as well as to information that Stronger U collects through offline methods or otherwise when you interact with us (collectively, the “Services”).

By using the Services, Sites, Apps, products, features, tools or resources, whether online or with our coaches, or if you are a coach, you agree to the terms of this Privacy Notice and our Terms and Conditions.  This Privacy Notice is incorporated into and subject to the terms and conditions of use of this Website or Apps (“Terms and Conditions”). Each time that you access or use the Services or have other interactions with us, whether online or with our coaches or if you are a coach, that shall constitute your acceptance of this Privacy Notice and your consent to the Terms and Conditions described herein, and you thereby signify that you have read, understand and agree to be bound by the Terms and Conditions and this Privacy Notice. If you do not agree to the Terms and Conditions and this Privacy Notice, you must discontinue using our Services. Unless otherwise defined in this Privacy Notice, capitalized terms herein shall have the meanings ascribed to them in the Terms and Conditions.

We may change this Privacy Notice from time to time. If we make changes, we will notify you by revising the date at the top of this page and, in some cases, we may provide you with additional notice (such as adding a statement to our website homepage or sending members an email). We encourage you to review the Privacy Notice whenever you access the Services or otherwise interact with us to stay informed about our information practices and the choices available to you.

In the following Privacy Notice, we provide you with information regarding:

1. Personal Data We Collect through the Sites and Apps
2. How We Use and Share Your Personal Data
3. Our Use of Your “Cookie” Information on the Sites and Apps
4. Our Relationship with the Websites
5. Access and Correction of Your Personal Data
6. Security of Your Personal Data
7. Retention of Your Personal Data
8. Changes to our Privacy Notice
9. How to Contact Us
10. Specific Privacy Notices

We encourage you to read this policy whenever you visit our Sites or use our Apps, since we may change this policy from time to time. A copy of the current policy is always posted at www.strongeru.com/privacy.

Territories

Privacy requirements and treatment of personal data varies from country to country.  The Services are governed by and operated in, and in accordance with the laws of, the United States, and are intended for users located in the United States. Stronger U makes no representation that the Services are governed by or operated in accordance with the laws of any other nation. If you are located anywhere outside of the United States, including the European Union or the United Kingdom, please be aware that, since our Services are intended for users located in the United States, information we collect, including personal information, will be transferred to, processed and stored in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and you waive any claims that may arise under those laws. You understand that your personal information may be subject to access requests from governments, courts, or law enforcement in the United States according to the laws of the United States. By using the Services or providing us with any information, you consent to the collection, transfer, processing and storage of your information in and to the United States. You are also consenting to the application of United States federal and Minnesota state law in all matters concerning the Services and this Privacy Notice.

We have included certain state or region-specific privacy notices at the end of this policy where we think it would be useful to do so.

Consent

BY SUBMITTING YOUR PERSONAL DATA TO US, YOU ARE CONSENTING TO THE PROCESSING OF YOUR PERSONAL DATA IN THE UNITED STATES OR IN ANY OTHER COUNTRY IN THE WORLD AND TO OUR USE OF YOUR PERSONAL DATA AS SET FORTH IN THIS PRIVACY NOTICE. IF YOU ARE SUBMITTING PERSONAL DATA OF THIRD PARTIES TO US, YOU WARRANT AND REPRESENT YOU HAVE THEIR CONSENT TO PROVIDE THEIR PERSONAL DATA TO US AND WILL HOLD US HARMLESS FROM AND AGAINST CLAIMS BY SUCH INDIVIDUALS RELATING TO OUR PROCESSING AND USE OF SUCH PERSONAL DATA WITHIN THE TERMS OF THIS PRIVACY NOTICE.

Unless otherwise defined in this Privacy Notice, capitalized terms herein shall have the meanings ascribed to them in the Terms & Conditions.

1. Personal Data We Collect Through the Sites and Apps

Information You Provide to Us

We collect information when you sign up for a membership, fill out a form or survey, submit an idea for an event, communicate with us via social media, email, webform, telephone or text, purchase services or merchandise, request customer support, or otherwise communicate with us. The information you may provide includes your name, email address, and other information provided in the membership signup.

When signing up for a Stronger U membership, you also provide us with your full name, email address, phone number, mailing address, date of birth (and thus, your age), gender and preferred pronouns, height and weight, how you heard about us (which may include the names of family members or friends who referred you), and your occupation. When you sign up for membership, we also collect information that you provide about your goals, workout frequency and duration, dieting history and your experience with tracking food intake as this helps us gauge your history and match you with a Stronger U coach that suits your objectives and experience.  This information helps streamline the onboarding process so that a matched coach is up-to-speed with your information and history and can begin working with you as soon as possible.

During your membership, we collect information that you provide through the Services, which may include, but is not limited to, information about your objectives, exercise level, nutritional intake, hunger levels, mood, and body processes, weight and body changes, as well as the communications through the Services between you and your coach.  We do not review communications between members and coaches except in the event of a dispute, but we reserve the right to do so for purposes of improving the Services. If you wish, you also may provide and share photos and information, such as weight loss and body-size changes that reflect your progress.

We collect and store this information about you to appropriately provide and improve the Services.

Categories of Personal Information We Collect about Use of the Services:

When you use our Site or other aspects of the Services, we collect the following information about you:

Usage information: Whenever you use our Services, we collect anonymized usage information, such as referral links and page history to trace visitor paths. None of this information is used in any way to identify you individually; it is used strictly to enhance the user experience of the website.

Transactional information: When you sign up for a membership plan, we collect information about the transaction, such as product description, price, time and date of purchase. When a financial transaction occurs, the information you provide is processed by Stripe as the payment processor and is subject to Stripe’s Privacy Notice.

Log information: We collect standard log files when you use our Services, which include the type of web browser you use, access times and dates, pages viewed, your IP address, and the page you visited before navigating to our website. This log information is used to enhance our Services by providing trace data regarding potential bugs or user issues. It also assists us in our security by providing us with data we can use to monitor and prevent malicious activity within our technological infrastructure.

Device information: We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, device identifiers set by your device operating system, and mobile network information (like your connection type, carrier and region). If you enable location services for the online Services, we may collect geo-location data periodically as you use or leave open the Services and provide location-based content and services. We also may collect your location information from your IP address or zip code. We also may use location data internally or in conjunction with our third-party service providers to customize your experience and provide offers that may be relevant to you. Depending on the platform you use to access the online Services (e.g., Apple iOS, Google Android, Windows, etc.), you may be able to control from within the settings on your wireless device whether location data is collected.

Children Under the Age of 18

Our Sites and Apps are not designed for children and we do not knowingly collect data from any person under the age of 18. If you are under the age of 18, please do not submit any personal data to us through the Sites or any Apps. If we learn we have collected or received personal data from a child under 18, we will delete that data.

2. How We Use and Share Your Information

We use the information we collect from you to:

• Provide, maintain and improve our Services and customize your user experience with the Services;
• Process transactions, membership signups and subscription billing;
• Assist you in using our Services;
• Send you transactional or relevant messages, such as receipts, notifications, customer service responses, and other administrative messages;
• Determine whether your device is supported and that it has enough room to run the Services, and to confirm the version of the Services installed on your device;
• Detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of Stronger U and others; and
• Comply with local and federal law, such as by processing transactional records for tax filings.

Sharing of Information

We may share information about you that you provide with select third parties and service providers for certain purposes, such as the following and as otherwise described in this Privacy Notice:

Partner Products & Services. If you provide personal information to third parties, such as partners, sponsors or advertisers whose services are promoted or advertised in connection with the Services, you may be providing your information to both Stronger U and the third party. Your personal information will be subject to this Privacy Notice as well as the Privacy Notice and practices of such third party. Stronger U cannot and does not provide any guarantees or warranties as to the nature of a third party’s use of your personal information.

Service Providers. We may contract with companies or persons to provide certain services including email and CRM service providers, payment processing, shipping, customer service, third-party logistics, data analysis and management, promotional, marketing and research services, loyalty program administration, gift card management, administration of surveys and sweepstakes, marketing, detecting fraud or theft, and other services. We provide these service providers with the information necessary for them to perform these services for business purposes pursuant to written agreements and instructions specified by Stronger U.

Mobile Carriers. If you access the Services through a device or app, we also may share your information with mobile carriers, operating systems and platforms.

Personal information about you may be shared, regardless of your “opt-out” status, in the following instances:

Compliance with Law: Stronger U may release your personal information, and device identifiers (including IP address) and information about your usage of the Services if it is required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Stronger U; (2) protect and defend the legitimate business interests, rights or property of Stronger U, its users, marketing partners, customers, or affiliates; (3) to verify or enforce our Terms and Conditions or other applicable policies; and (4) otherwise to protect the rights, property, safety, or security of third parties, users of the Services or the public.

Organizational Changes: In connection with, or during negotiations of, any merger, sale, consolidation, change in control, transfer, reorganization or liquidation of company assets, financing or acquisition of all of a portion of our business by another entity, Stronger U’s accumulated customer information will be treated as an asset and, like other business assets, your personal information, user data, and any other information that we have collected about the users of our products and services may be disclosed to such entity as part of the due diligence process and, if we or our assets are acquired, will be transferred to such entity as one of the transferred assets. You acknowledge that such transfers may occur, and that any acquirer of Stronger U or its assets may continue to use your personal information as set forth in this Privacy Notice.

Advertising and Analytics Services Provided by Others:  Stronger U employs third-party services that automatically track and store data analytics when you interact with our Services. The business purpose behind the collection of such automated information is to help make the Services operate more efficiently and to provide analytical information about the use of the Services. Among the business purposes for which we collect such information is to analyze this data for preferences, trends, usage statistics and to recognize you on return visits. Other information collected through automated means may encompass usage data from your mobile phone or any other device you use to access the Services, including location data if you have provided express consent, which we may also combine with other information about you in order to enhance your experience using the Services.

Stronger U may use some technologies (collectively, “Tracking Technologies”), to gather personal information and non-personal information (which is any information that does not reveal your specific identity) automatically (or passively) whenever you visit or interact with the Services, including through the use of Google Analytics, cookies, device information and email interconnectivity.

3. Our Use of Cookies on the Sites and Apps

A “cookie” is a small data file stored on your web browser or on your mobile device that allows us to recognize your computer or mobile device when you visit the Sites or Apps by associating identification numbers with other user information you have provided us.  Some cookies will remain on the hard drive of your computer or mobile device for the duration of your browser or user session, while others will remain until deleted by you. You may also be able to configure your computer or mobile device to limit the collection of these “cookies,” but that limitation may also limit our ability to provide all the services or functionality of the Site or Apps.  Some third-party service providers may use “flash cookies,” which are saved on your computer, but cannot be rejected, disabled, turned off, opted out of, or deleted in the same way as regular cookies. To learn how to manage your flash cookie settings, visit the Flash player settings page on Adobe’s website.

The Stronger U website utilizes cookies to enhance user experience and to collect user data for marketing purposes. You may modify the settings for these cookies at any time through your cookie preferences.

Embedded content from third-party websites

This site may include embedded content (e.g., videos, images, articles, etc.). Embedded content from third-party websites behaves in the exact same way as if the visitor has visited the third-party website. These third-party websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account with and are logged in to that website. Your access of third-party websites is subject to the privacy policies and practices of such third-party websites.

4. Our Relationship with the Websites

In addition to the integration with certain mobile applications as described in this Privacy Notice, the Sites and Apps may contain links to other web sites or other mobile applications. Additionally, other web sites may contain links to the Sites. We do not review or monitor the web sites linked to the Sites and are not responsible for the contents or privacy policies related to any other web sites. If you visit one of these other web sites, you may want to review the Privacy Notice on that web site. Where the Sites contains a link to another web site owned and/or operated by us, such web site use may be subject to different and additional terms of service and Privacy Notice terms and conditions.

The laws of the State of Minnesota shall govern any dispute, including those disputes arising from Stronger U’s use of personal information or otherwise relating to privacy, as specified in the Terms and Conditions, including the terms pertaining to dispute resolution, mandatory arbitration and waiver of any class action rights. This Privacy Notice does not create rights enforceable by third parties.

Access and Correction of your Personal Data

We strive to maintain the accuracy and integrity of the personal information in our databases and to keep that information up to date. We encourage you to promptly update your personal information if it changes.

Methods for Submitting Privacy Requests to Us

To submit a verifiable data privacy request to us, please complete the online Data Privacy Request form located here: https://strongeru.com/data-privacy-request/. Once we receive your request, we must verify your identity before we can respond. You may be required to provide the following information for verification purposes and efficiency:

Your first and last name
Your e-mail address
Your telephone number

We will respond to reasonable requests within the time limits established by applicable law or within a reasonable time if no time limit is established by applicable law. For your protection, we may ask you for additional information to verify your identity. In most cases, we will provide the information you request and correct or delete any inaccurate personal information you discover. We reserve the right, however, to limit or deny your request to the extent permitted by applicable law such as where: (1) the disclosure may be threat to the personal safety, property, or rights of any other person or organization; (2) the disclosure may lead to a violation of applicable laws or regulations; (3) where you have failed to provide sufficient evidence to verify your identity; and/or (4) we have a legitimate business need to retain the information.

If you have any questions about this Privacy Notice you can email your questions to privacy@strongeru.com. We are not responsible unless required by law, to inform third parties with whom we have already shared your information of any changes requested pursuant to this section. We are not responsible for removing information or causing information to be removed from the databases or records of such third parties. If you would like to mail your inquiry, please direct it to:

Stronger U Nutrition
Attn: Privacy
111 Weir Drive
Woodbury, Minnesota 55125 U.S.A.

Stronger U will use its best efforts to address and settle any requests or complaints brought to its attention.  You also have the right to contact the competent data protection authority with requests or complaints.

Opting Out or Unsubscribing

You may opt out of certain collections of cookies or other web or mobile device based enhancements, including geolocation data collection, by changing your browser settings or going into your preferences on your mobile device and restricting the transmission of certain information. Your limitation of the collection of this information, however, may disable our ability to provide you with the most relevant products or information regarding the Site and Apps. Currently, our servers do not respond to browser “do not track” signals. If you would like more information regarding online marketing practices and know your choices about not having this information used by our third party service providers, you may visit www.networkadvertising.org/choices.

To limit the integration of the Site and Apps with other related applications you may disable the application through your setting preferences on the Apps or delete the applicable application from your mobile device. Deletion of the application may not delete information previously obtained through the related application.

To opt out of receiving marketing emails or other communications from us or a third party, follow the unsubscribe instructions located near the bottom of each email, or email your unsubscribe request to privacy@strongeru.com. For the avoidance of doubt, it is important to understand that this opt-out shall not prohibit any disclosures made for non-marketing purposes.  To unsubscribe from text messages or any other mobile messages, you may follow the instructions provided at the time of opt-in or contact us at privacy@strongeru.com.

6. Security

Stronger U is based in the United States and processes information in the United States. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, Stronger U has put in place appropriate physical, electronic, and managerial procedures to protect the information Stronger U collects online. Please understand, however, that while we try our best to safeguard your personally identifiable information once we receive it, no transmission of data over the Internet or any social media or other public network can be guaranteed to be 100% secure.

You need to help protect the privacy of your own information, including maintaining the confidentiality of any account information or access credentials. You must take precautions to protect the security of any personally identifiable information that you may transmit over any public or untrusted network by using encryption and other techniques to prevent unauthorized persons from intercepting or receiving any of your personally identifiable information. You are responsible for the security of your information when using unencrypted, open access, public or otherwise unsecured networks.

7. Retention of Your Personal Data

We keep your personal information only as long as we need it for the purposes for which it was originally collected (or to which you have subsequently consented) or for other legitimate purposes (such as regulatory compliance), or as permitted by applicable law.

9. How to Contact Us

For further information or enquiries regarding your information, or if you have a disability that impedes you from accessing this Privacy Notice, please contact us at privacy@strongeru.com or contact our Privacy team at:

Stronger U Nutrition
Attention: Privacy
111 Weir Drive
Woodbury, Minnesota 55125 U.S.A.
privacy@strongeru.com

 

If you have a complaint about how we have collected or handled your personal information, please contact us at the mail address set forth above.

 

10. Location-Specific Notices

Privacy requirements and treatment of personal information varies by jurisdiction. To meet these requirements, we have included certain “Location-Specific Notices” as part of this Privacy Notice.  These “Location-Specific Notices” are intended to supplement this Privacy Notice.  For a more complete review of how we handle your personal information, please review this Privacy Notice in its entirety.

CALIFORNIA PRIVACY RIGHTS

Terms included in this Policy, including but not limited to, personal information and service provider, carry the same meaning in this Policy as they do in the California Consumer Privacy Act of 2018, Cal. Civ. Code Section 1798.100, et seq., as may be amended from time to time, including but not limited to those amendments enacted by the California Privacy Rights Act of 2020 (“CPRA”).

If you are a California resident (“consumer”), the CPRA grants you the right to request that we disclose to you, upon our receipt from you of a verifiable request, the following:

The categories of personal information we have collected about you.

The categories of sources from which the personal information is collected.

The business or commercial purpose for collecting or selling or sharing personal information.

The categories of third parties with whom we share personal information.

The specific pieces of personal information we have collected about you.

California residents have the right to opt-out of the sale or sharing of their Personal Information, and targeted advertising.  California law defines “sale” very broadly and so, for example, placing certain types of cookies on our website may fall within scope.  We communicate certain information for business purposes with selected trusted service providers, acting under our instructions, in exchange for insights and other valuable services, to enhance your experiences with us, to improve our ability to serve you, and to keep you aware of our products, services, and offers.   Under California, this could be considered a “sale” and so we want to share this information with you.  Even though we do not sell your personal information as one generally thinks of the word “sale”, you have the right to opt-out of the sale of your personal information.

If you are a California resident, you have the right to request that we disclose to you, upon our receipt from you of a verifiable request, the categories of personal information that we have disclosed about you for a business purpose.

If you are a California resident, you also have the right under the CPRA to request the deletion of your Personal Information that we collect. All such requests are subject to verification according to methods determined by us.

You have the right to submit a verifiable request to us using our Online Request Form. You may submit a data privacy request by completing the online Data Privacy Request form located here:  https://seb-privacy.my.onetrust.com/webform/2c8f1e47-9f01-4278-a1e1-5bedeb3cf227/e1d36cdd-aa57-447b-8e77-91c04f2c588c

You have the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CPRA. However, nothing prohibits us from charging a consumer a different price or rate, or from providing a different level or quality of goods or services to the consumer, if that difference is reasonably related to the value provided to the consumer by the consumer’s data.

You may exercise any of the California Privacy Rights described in this section by sending such a request to us by email. We may ask you to verify your identity before taking further action on your request. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, a copy of your valid government-issued identification and your authorized agent’s valid government-issued identification.

Please note that we are not required to comply with a California resident’s request to delete personal information if it is necessary for us to maintain the Personal Information in order to:

Complete the transaction for which the personal information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of our ongoing business relationship with the consumer, or otherwise perform a contract between us and the consumer.

Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity.

Debug to identify and repair errors that impair existing intended functionality.

Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.

Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.

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 our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent.

To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with us.

Comply with a legal obligation.

Otherwise use the consumer’s personal information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.

We will begin to process your request within 30 days of our receipt.

In addition, California Civil Code Section § 1798.83 permits users of our Site or Apps that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact our Data Protection Officer.

 

NEVADA PRIVACY RIGHTS

For Nevada residents, please note that we do not sell personal information as defined by Nevada law. Nevertheless, you have the right to submit a request directing us not to sell any of your personal information. To request email confirmation that we do not sell your personal information, please email your request to us at privacy@strongeru.com and specify in the subject “Nevada Privacy Information Request” or by submitting using our Online Request Form or  “through the Customer Support portion of the app.

 

Contact Information

If you have any questions or privacy-related concerns or if you have a disability that impedes you from accessing this Privacy Notice, please contact us at privacy@strongeru.com.