Privacy Policy and Terms of Use

Privacy Policy

Your privacy is important to us. We created this privacy policy (“Policy”) to explain the types of information we collect through our website, application and social networking platforms on which it is posted (each referred to herein as a “Site”), as well as how we will use, disclose and protect this information once it is collected, and how you may be able to opt-out of some of our uses and disclosures of your information. By visiting this Site, you agree to the terms of this Policy as they may be amended from time to time.

Here are a few general principles to keep in mind as you read through this Policy:

  • This Site is owned or operated by Posture Solutions, LLC.
  • As our business evolves, this Policy may change, so check back to this page periodically to make sure you understand how your Personal Information will be treated.
  • This Policy is incorporated into, and part of, our Terms of Use, which governs your use of the Site as a whole. Additionally, this Policy may be supplemented from time to time by other terms that apply to specific Sites.
  • Unless otherwise specified, this Policy does not apply to information that you may provide to us, or that we may obtain, other than from you through our Site, such as over the phone, by mail, or in person.
  • If you are located outside of the United States, you should know that the information you provide to us is being transmitted to us and processed in the United States and will be protected subject to this Policy and United States laws, which may not be as protective as the laws in your country.

What information do we collect?

Personal Information

While you may be able to visit and view content on the Site without providing any Personal Information, we may collect Personal Information on or through the Site in various circumstances.

“Personal Information” is information that can be used to identify you or contact you as an individual, as well as information attributed with such information. Personal Information includes, for example, your name; e-mail address; wireless device address; screen name or username; geo-location information. We collect Personal Information via the Site in a variety of circumstances, such as when you create an account on our Site; edit your online profile; sign up for our newsletters; contribute to a blog or other social forum on the Site; or submit a comment or question to us by using a “contact us” or similar feature on the Site.

A “recommend to a friend” tool (or similar feature) on the Site or in our e-mails and other communications allows you to send information about our Sites, services and offerings to another person. In other circumstances, you may be able to provide us information about other people involved in your event. When you use these services, we will typically ask you for the name or other information (e.g., email addresses) of the other person. This information will be treated in accordance with this Policy. With the “recommend to a friend” or similar feature, we may automatically send an email inviting the recipient(s) to read the article, view the content or visit the Site. We store this information for purposes of sending this email and tracking the success of our “recommend to a friend” or similar feature. Your “friend” (i.e., the third party whose information you submit using such feature) may contact us contact@smartposture.net to request that we remove this information from our database.

Site Usage Information

As is the case with many Web sites, our servers automatically collect your IP address when you visit the Site, and we may associate that with your domain name or that of your Internet access provider.

In addition, we may deploy various tracking technologies on the Site to collect additional information about your Site visits, including the use of cookies.

We use cookies to compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies.

You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.

By using our Site, you agree to our use of these tracking technologies.

Social Networking

We maintain presence on several social networking and blogging platforms, such as Facebook , Instagram, Twitter and Wordpress, and we also may incorporate some third party social networking features onto our Site or utilize third-party provided platforms to publish or manage the Site or portions thereof. Through these platforms and features, we receive some Personal Information and some Site usage information about you, and this Privacy Policy applies to that information as well. In addition, some providers of third party social networking or blogging platforms we utilize (such as Facebook, Instagram and Twitter, Wordpress) have their own privacy policies which explain how the third parties that provide them may collect, use and protect your information (e.g., if you establish an account with such platform providers directly).

App

We may collect Personal Information and non-personally identifiable usage information through the app. The app also may collect information about your mobile device, such as your device’s unique device ID (UDID), the IP address of your mobile device, device type, operating system and connection information (e.g., WiFi, 3G, etc.). If you opt-in, we may collect your device’s precise real-time location, and in such cases, you may be able to opt out from further allowing us to have access to such location data by managing your location preferences in the app and/or on your device. This Policy may be supplemented from time to time with additional terms applicable to individual apps, or individual apps may be subject to separate privacy policies of which we will notify you by posting them on such apps.

How do we use your information?

We may use the information we collect from you when you create an account, respond to a marketing communication, surf the website, or use certain other site or app features in the following ways:

  • To personalize user's experience and to allow us to deliver the type of content and product offerings in which you are most interested.
  • To improve our site in order to better serve you.
  • To allow us to better service you in responding to your customer service requests.
  • To administer a contest, promotion, survey or other site feature.
  • To quickly process your transactions.
  • To send periodic emails regarding your order or other products and services.

How do we protect information?

Our site is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

If you correspond with us by e-mail, text message, or using Web forms like a “contact us” feature on our Site, you should be aware that your transmission might not be secure from access by unauthorized parties. We have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission. If you create an account on our Site, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. Please notify us of any unauthorized use of your password or account. If we believe that the security of your Personal Information in our care may have been compromised, we may seek to notify you. If we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification. If you prefer for us to use the U.S. Postal Service to notify you in this situation, please e-mail us at contact@smartposture.net (please include your name, mailing address, and email address).

Third Party Disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third Party Links

The Site may contain links, banners, widgets or advertisements (e.g., a “Share It!” button) that lead to other Web sites not subject to this Privacy Policy (including other sites that may be co-branded our brands). Thus, the posted policies of these other sites will govern the collection and use of your information thereon, and we encourage you to read each such privacy statement to learn about how your information may be treated by others.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law's reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. - See more at: Click Here

According to CalOPPA we agree to the following:

Users can visit our site anonymously

Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website.

Our Privacy Policy link includes the word 'Privacy', and can be easily be found on the page specified above.

Users will be notified of any privacy policy changes:

  • On our Privacy Policy Page

Users are able to change their personal information:

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.

We do not specifically market to children under 13.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify the users via email

  • Within 7 business days

We will notify the users via in site notification

  • Within 1 business day

We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions.
  • We may also send you additional information related to your product and/or service.
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred

To be in accordance with CANSPAM we agree to the following:

  • NOT use false, or misleading subjects or email addresses
  • Identify the message as an advertisement in some reasonable way
  • Include the physical address of our business or site headquarters
  • Monitor third party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly
  • Allow users to unsubscribe by using the link at the bottom of each email

If at any time you would like to unsubscribe from receiving future emails, you can email us at contact@smartposture.net.

Your Access Rights

You may be able to review, update or modify certain of the Personal Information that is stored in a user account set up with us on the Site (if you have one with us on the Site) by contacting us using the “Contact Us” information below. We may ask you to verify your identity and to provide other details before we are able to provide you with any information, correct any inaccuracies, or delete any information.

TERMS OF USE

Please read these Terms of Use carefully before using the Site.

By accessing or using SmartPosture website, mobile and other applications and social networking platforms (each, a "Site"), whether automated or otherwise, you agree to be bound by these Terms of Use and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of the Site.

The Site is owned or operated by Posture Solutions, LLC (collectively, referred to herein as “we” or “us” or “our”).

Certain features, products or software that you purchase or download from the Site may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them.

You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract, or have obtained parental or guardian consent to do so. If you do not agree to these Terms of Use, you may not use the Site.

We reserve the right to change these Terms of Use at any time. Such changes will be effective when posted, provided that we may only amend the alternative dispute resolution, venue and time limit of claims provisions to the extent allowed by applicable law. By continuing to use the Site after we post any such changes, you accept the Terms of Use as modified.

Rules of Conduct

There are rules of conduct that you are required to follow when you use the Site. You must not:

  • "harvest" (or collect) information from the Site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Site and information about the offerings, products, services and promotions available on the Site.
  • use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site.
  • "stream catch" (download, store or transmit copies of streamed content).
  • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you.
  • "flood" the Site with requests or otherwise overburden, disrupt or harm the Site or its systems.
  • circumvent or reverse engineer the Site or its systems.
  • restrict or inhibit another user or users from using and enjoying the Site.
  • manipulate or forge of identifiers in order to disguise the origin of any information posted on the Site or otherwise provided to us or our employees.
  • impersonate any person, including, but not limited to, other community members or our employees.

If you post something to the Site, such as comments or other content, do not post anything that:

  • uses strong, vulgar, obscene or otherwise harmful language,
  • infringes any third party intellectual property right (such as copyrights),
  • is defamatory (i.e., something that is negative and untrue about another person or entity),
  • divulges another person's or entity's confidential or private information or trade secret,
  • is fraudulent, unlawful, threatening, harassing, abusive or discriminatory,
  • encourages criminal conduct,
  • contains any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law,
  • advertises or solicits business for products or services other than those that are offered and promoted on the Site,
  • contains any virus, malware, spyware or other harmful content or code

You also must comply with all applicable laws and contractual obligations when you use the Site.

Ownership of Site Content and Submissions

We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Site. You may use the Site (including any content and materials included on the Site) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site unless explicitly authorized in these Terms of Use or by the owner of the materials.

If you submit or post any materials or content to the Site, you grant us and our business partners a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media, and via any technology we choose, whether it exists now or is created in the future. You represent that any materials and content posted or otherwise submitted by you to the Site is original to you and that you have the right to grant us these rights.

If you send us your ideas, you are assigning to us the right to use them, and you waive and release us from claims that we have used your ideas without your permission.

Responsibility for Public Postings and Content

Responsibility for what is posted in public areas of the Site lies with each user - you alone are responsible for the material you post or otherwise make available in public areas of the Site. You alone are responsible for assessing the credibility of other user postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right do so. We are not a publisher of user posts, and we are not responsible for their accuracy or legality.

Creating an account

To access certain features or areas of the Site, you may be required to provide personal and/or demographic information as part of a registration or log-in process. In addition, certain features of the Site are only available to our registered users, and to access those areas of the Site you will be required to log in using your username and password.

You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.

You are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

Electronic Communications

The communications between you and us via the Site use electronic means, whether you visit the Site or send us an email, or whether we post notices on the Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Links to Third-Party Websites

Our Website may contain links to Websites owned or operated by parties other than SmartPostureTM. Such links are provided for your reference only. We do not monitor or control outside Websites and are not responsible for their content. Our inclusion of links to an outside Website does not imply any endorsement of the material on our Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does our inclusion of the links imply that SmartPostureTM is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Website.

Changes to the Site

We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Site or any portion of the Site. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Suspension or Termination of Access

We have the right to deny access to, and to suspend or terminate your access to, the Site, or to any features or portions of the Site, and to remove and discard any content or materials you have submitted to the Site, at any time and for any reason, including for any violation by you of these Terms of Use. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Indemnification

You agree to indemnify, defend and hold us and our affiliates, and our respective officers, employees and agents, harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys' fees, arising from or relating to your use of the Site, your submissions to the Site, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the Site via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of the Site

Contact Us

If there are any questions regarding this privacy policy or terms of use you may contact us using the information below.

SmartPostureTM

contact@smartposture.net

702 Hanley Industrial Court, Brentwood, MO 63144

Last Edited on 09-10-2017

© Posture Solutions, LLC, 2017