Privacy & Terms

Terms and Conditions

 

Last updated: December 09, 2019


Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://myempirica.com/ website (the "Service") operated by Empirica DBA Unleashed Fitness ("us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.




Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.



Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.


Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Empirica DBA Unleashed Fitness and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Empirica DBA Unleashed Fitness.


Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Empirica DBA Unleashed Fitness.

Empirica DBA Unleashed Fitness has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Empirica DBA Unleashed Fitness shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.


Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Indemnification

You agree to defend, indemnify and hold harmless Empirica DBA Unleashed Fitness and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.



Limitation Of Liability

In no event shall Empirica DBA Unleashed Fitness, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.


Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Empirica DBA Unleashed Fitness its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.


Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.



Governing Law

These Terms shall be governed and construed in accordance with the laws of Colorado, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.


Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.


Contact Us

If you have any questions about these Terms, please contact us.

 

 

Privacy Policy

 

This Privacy Policy was last changed on 06 March 2020.

 

Thank you for visiting myempirica.com. Empirica is committed to protecting your privacy your personal data. This Privacy Policy describes how Empirica collect, use, and share your personal data when you visit our website (regardless of where you visit it from) and tells you what choices you have regarding your privacy rights and how the law protects you.  

 

Empirica reserves the right to change, modify, add or remove portions of this Privacy Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless Empirica advises you otherwise. Your continued use of the Site or Services after this Privacy Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Privacy Policy, as amended. Empirica encourages you to bookmark this web page and review this Privacy Policy regularly.

 

Applicability

 Empirica operates this website (“Site”), our mobile application on a mobile device (“App” or "Site"), and the services and products related to or offered on the Site ("Services"). Empirica's Services may include, without limitation, tools, applications, email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and downloadable mobile applications related to the Site or provided through the Site.

This Privacy Policy is intended to give you information on how Empirica may collect and process your personal data through your use of all websites that Empirica own and operate, including this Site, emilyschromm.com, herbalelement.com, thebodyawarenessproject.com, platformstrength.com, evolvedmotion.com and on-line services, offerings and other interactions, including any data you may provide through this Site. This Privacy Policy does not apply to any third party applications that integrate with this Site or any other third party plug-ins, products, services, applications, or businesses.  Clicking on third party links or enabling those connections may allow third parties to collect or share data about you. Empirica does not control these third-party Sites and is not responsible for their privacy statements. When you leave myempirica.com, you are encouraged to read the privacy policy of the Site(s) you visit.

 

By visiting this Site or using the Services, you are accepting the policies and practices described in this Privacy Policy. Each time you visit the Site or use the Services, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Privacy Policy.

 

If you do not agree with the data practices described herein, you should not use our Site.  This Site is not intended for children and Empirica does not knowingly collect data relating to children.

 

It is important that you read this Privacy Policy together with any other related notice provided when Empirica is collecting or processing Personal Data about you so that you are fully aware of how and why Empirica is using your data. This Privacy Policy supplements the other policies and notices on our Site and is not intended to override them.  If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact Empirica using the details set out below:

Full name of legal entity:Empirica DBA Unleashed Fitness LLC
Email address: support@myempirica.com
Postal address: 3198 Blake Street, Ste 222 Denver, CO 80205

 

You have the right to make a complaint at any time to your respective supervisory authority. The Information Commissioner's Office (ICO) is the UK supervisory authority for data protection issues. Empirica would, however, appreciate the chance to deal with your concerns before you approach the ICO.  Empirica, therefore, as that you please contact Empirica in the first so that Empirica may have the opportunity to address your issue(s).

 

Changes to your data

It is important that the Personal Data Empirica holds about you is accurate and current. Please keep Empirica informed if your Personal Data changes.

 

In addition to this general Privacy Policy, each Service may have additional privacy provisions that are specific to that particular Service. These additional provisions are disclosed adjacent to the particular Service at the time the information is collected and also govern the use of your information.

 

The Information Collected

Empirica collects information to operate effectively and provide you the best experience with our Site and Services. As used in this Privacy Policy, “Personal Data” or “Personal Information” means any information about an individual from which that person can be identified. It does not include anonymous data where the identity has been removed.  

 

Empirica may collect, receive, use, store, and transfer different kinds of personal data about you which Empirica categorizes as follows:

 

1. Personal and Business Contact Information, such as, your first name, last name, postal address, email address, telephone number, job title, gender, and employer;
2. Profile Information, such as, your username or similar identifier, password, picture, industry, interests, feedback, and preferences;
3. Technical Information, such as, internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this Site;
4. Content you post on our Site, such as text, images, photographs, messages, comments, or other contact, that is not your email address;
5. Transaction Information, such as, purchase details, registrations, billing details;
6. Usage Information, such as, how you use and interact with our Site, products, and services;
7. Feedback and Correspondence Information, such as, information you provide in responses, participating in research, report a problem with the Site, receive support, or otherwise correspond with use; and
8. Marketing Information, such as, your preferences for receiving marketing communications and your communication preferences.

 

Empirica may also collect, use, receive, and share information Empirica receives from others, such as, Aggregated Data in the form of statistical or demographic data for any purpose. Aggregated Data may be derived from your Personal Data but is not considered Personal Data in law as this data does not directly or indirectly reveal your identity. For example, Empirica may aggregate your Usage Information to calculate the percentage of users accessing a specific Site feature. However, if Empirica combines or connects Aggregated Data with your Personal Data so that it can directly or indirectly identify you, Empirica treats the combined data as Personal data which will be used in accordance with this Privacy Policy.

 

Empirica does not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor does Empirica collect any information about criminal convictions and offenses.

 

Necessary Personal Data

There are instances in which Empirica may need to collect Personal Data from you, for example, by law or under the terms of a contract.  If you do not provide that data when requested, Empirica may not be able to perform, for example, to provide you with requested goods or services. In this case, it may be necessary for us to cancel the product or service and notify you at the time if this is the case.

 

How Empirica Collects Data

Empirica uses different methods to collect data from and about you.

 

Voluntary Information

Through direct interactions with you, you may give us your Identity and Contact Information by filling in forms or providing other information via our Site. This includes, for example, Personal Data you provide when you:

request our services and/or products;

subscribe to our blogs, publications, emails, notices; or

contact us with questions, feedback, or complaints.

 

You may always choose not to provide Personal Data or certain Personal Data, but this may prevent you from gaining access to a Service or limit the features that you can use on the Site.

 

Passively and Automatically Collected Information

As you use the Site and/or Services, certain information may be passively and/or automatically collected.  Empirica may collect information by recording your Site use and how you use the Site with personally identifiable information providing, for example, technical data about your equipment or browsing actions and patterns.  Empirica collects this data through, for example, cookies, pixels, beacons, log files, receiving reports or usage data, and other similar technologies. Empirica may also receive Technical Information about you if you visit other Sites employing our cookies.

 

Empirica may also automatically collect non-personally identifiable information throughout Internet Log files, which records data such as IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Site.  This information may be used for our business purposes, including personalizing your experience on the Site.

 

Information may also be collected when you use the App, including, for example, the software application needed to utilize the App, synchronization, non-personally identifiable information concerning your device, the application’s files on your device, and your usage of the App.

 

Information Received from Third Parties

Empirica may receive personal data about you from various third parties, online and/or offline, and public sources as set out below:

Technical Information from providers, based inside or outside of the EU; or

 

Social media pages:

 

Facebook – https://www.facebook.com/myempirica/

Instagram – https://www.instagram.com/myempirica/

 

Information received from third parties may be combined with the information Empirica has already collected from you through our Site and/or Services.

 

Legal Basis for Personal Data Use

Your personal data will only be used when the law allows use. The most common uses of your Personal Data may include:

 

1. performance of a contract Empirica are about to enter into or have entered into with you; or
2. our or a third party’s legitimate interests necessitate use and your interests and fundamental rights do not override those interests; or
3. legal or regulatory obligation compliance.

 

Consent, as a legal basis, is not generally relied upon for processing your Personal Data other than for sending you third party direct marketing communications via email or text message.

 

As used herein, the term “Legitimate Interest” means the interest of our business in conducting and managing our business in a way that enables us to provide the best services and products via a secure experience. To do so, Empirica considers and balances potential impacts on you and your rights before processing your Personal Data for our Legitimate Interests. Empirica does not, without your consent or unless required/permitted by law, use your Personal Data for activities where our interests are overridden by the impact on you. For more information about legitimate interest assessment in respect of specific activities, please contact us.

 

The term “Performance of a Contract” refers to the processing of your Personal Data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

 

YOU HAVE THE RIGHT TO WITHDRAW CONSENT TO MARKETING AT ANY TIME BY CONTACTING EMPIRICA.

 

How Empirica Uses Your Personal Data

Empirica sets out, in the below table, a description of the ways Empirica plans to use your Personal Data, the legal bases Empirica relies on to do so, and Empirica’s legitimate interests for use.

 

Note that Empirica may process your Personal Data for more than one legal basis depending on the specific purpose for which Empirica is using your data. Please contact us if you need details about the specific legal basis Empirica is relying on to process your Personal Data where more than one ground has been set out in the table below.

 

 

PURPOSE	DATA TYPE	LEGITIMATE INTEREST
User relationship management	Identity, contact, profile, marketing and communications	Legal compliance, record maintenance, study use
Business and Site administration	Identity, contact, technical	Legal compliance, running business, providing administration and security
Delivery and measurement of relevant content	Identity, contact, profile, usage, marketing and communications, technical	Business interests related to customer use and marketing strategies
Data analytics	Technical, usage	Site maintenance, marketing strategies
Service/product recommendations	Identity, contact, technical, usage, profile	Customer development, marketing strategies

 

As used herein, “Comply with a legal or regulatory obligation” means to process your Personal Data when it is necessary for compliance purposes because of a legal or regulatory obligation to which Empirica is subject.

 

Providing Site and Services

Empirica uses the information Empirica collects to provide you the Services Empirica offers, which includes but may not be limited to:

1.  improving the Site and/or Services, and personalizing your experiences;
2.  communicating with you, for example, informing you about your account, our services, and product information;
3.  administering your account;
4.  registering you for access to the Site and providing Services;
5.  fulfilling Service orders;
6.  sending promotional information, newsletters, offers, or other information; and
7.  analyzing and conducting research on user data and user interactions with the Site and/or Services.

 

Marketing and Advertising

EM strives to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.  Empirica uses the information Empirica collects to provide advertising that Empirica shows you more relevant to you. Advertising may be customized based upon, for example, the information that you provide (e.g., age, gender, stated health interests and other information in your profile), geographic location information, which Empirica may determine through your IP address, from your mobile device, or other ways, data Empirica receives from third parties, or your visits on the Site or use of Services.

 

Promotional offers

Your Identity, Contact, Technical, Usage and Profile Data may be used for marketing purposes.  To do so, Empirica may use your information to decide which products, services, and offers Empirica thinks you may want or need, or what may be of interest to you.

 

You will receive marketing communications from us if you have requested information from us or received services or products from us and, in each case, you have not opted out of receiving those marketing communications.

Third-party marketing

Empirica may share information with third party partners for the purposes of hosting events.  Outside of hosting events, Empirica will get your express opt-in consent before Empirica shares your Personal Data with any third-party company for marketing purposes.

 

Opting out

You can ask Empirica or third parties to stop sending you marketing messages at any time by contacting us at support@myempirica.com. When you opt out of receiving these marketing messages, this will not apply to Personal Data provided to us as a result of a service or product provided to you.

 

EMPIRICA DOES NOT use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files to target ads to you.

 

Cookies and Other Technologies

Site traffic information is  gathered on the Site via “cookies.”  Most sites use cookies. Cookies, small pieces of digital information stored by your browser on your computer, are small text files that can be read by a Site server in the domain that put the cookie on your hard drive. They track initial and returning visits, browsing patterns on the Site, and Services ordered and/or viewed.  You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Site may become inaccessible or not function properly.

 

Empirica cookies do not contain personally identifying information, but enable EM to identify you as a repeat visitor and may help Empirica personalize your Site experience.  Empirica may also use cookies, pixels, web beacons (which are usually small, transparent graphic images), operating system, and device information and navigational data like Uniform Resource Locators (URL) to gather information regarding:

1.  store your preferences and settings;
2.  enable you to sign-in;
3.  provide interest based advertising;
4.  fight fraud;
5.  analyze Site operations;
6.  provide and/or analyze our Services; and
7. collect  data about the date and time of your visit, the features and information for which you searched and viewed, the email you opened, on which advertisements you clicked or your IP Address.

 

Empirica does not store Personal Data in any cookies on your computer.  Empirica may also use web beacons to help deliver cookies and gather usage and performance data about our Services. Our Services may include web beacons and cookies from third-party service providers.

 

Although most browsers are initially set up to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally.  There are a variety of tools to control cookies, web beacons, and similar technologies, including for example, browser controls to block and delete cookies and controls from some third-party service providers to opt out of data collection. Your browser and other choices may impact your experiences with our Services.  Cookies may be removed by following your Internet browser’s directions with the help tab, however, in order to use certain Services offered on the Site your web browser must accept cookies. If you choose to disable cookies, some aspects of the Site may not work properly, and you may not be able to access our Services.

 

Flash cookies, local stored objects, may be used on certain features of the Site to collect and store information about your preferences and navigation to, from, and on the Site.  Flash cookies are not managed by the same browser settings as cookies, and they are not placed on your computer.

web beacons, pixel tags, or clear GIF, are graphic images which are used to better understand the browsing patters of visitors to a page of the Site. They may be used on some pages of the Site by Empirica or third parties.  web beacons DO NOT pass or read personally identifiable information about you. When HTML code for a web beacon points to the Site to retrieve the pixel image, information can be passed along such as:

1. the IP address of the computer that requested the image;
2. the time the web beacon was viewed;
3. how long the web beacon was viewed;
4. the type of browser that was used; and
5. previously set cookie values.

 

Web beacons work in conjunction with cookies set by trusted third parties that are used to assess, for example, the effectiveness of particular promotional campaigns, or to optimize advertising once a user leaves the Site. Please view your browser’s help section to determine how to configure your browser to reject or manage Empirica and/or third-party cookies. Empirica may share aggregated information collected through web beacons to vendors for which the beacon was set to determine the success of marketing campaigns, but does not disclose personally identifying information to these vendors.

Third parties may track anonymous Site usage through cookies and web beacons on the Site and other websites. They do this by setting a cookie (or reading a cookie previously placed by them) on users’ computers to track the activities of users who view a web page that contains web beacons. Third parties ad servers may use information about your visits to the Site and other websites in order to provide advertisements about goods and services that may be of interest to you. Periodically, upon our request, third parties may report the anonymous data that they collect on our behalf back to Empirica for our internal use and analysis and our treatment of this anonymous data is governed by the terms of this Privacy Policy. Empirica does not control these advertisers or other parties' use of cookies or web beacons or what they do with the information they collect.

 

To learn more about targeted advertising, these providers, or how you may opt out or to learn more, please refer to Network Advertising Initiative (NAI) and/or the Digital Advertising Alliance (DAA) at NAI Opt-Out website and DAA Choice Page and follow the instructions. After you opt-out, you will still see advertisements, but the advertising may not be as relevant to your interests. If you change your computer, change your browser or delete your cookies, you will need to renew your opt-out.  Technologies other than http cookies may be used by third-parties in a similar way, to recognize the email recipients’ computer or device and to keep track of which user identities match to which devices or browsers, and those technologies may not respond to browser settings that block conventional cookies. You may opt out of many of these types of technologies by visiting the NAI’s opt out page as EMll.

 

Change of Purpose

Empirica will only use your Personal Data for the purposes for which Empirica collected it, unless Empirica reasonably considers that Empirica needs to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

 

If Empirica needs to use your Personal Data for an unrelated purpose, Empirica will notify you and Empirica will explain the legal basis which allows us to do so.  Empirica may process your Personal Data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

Personal Data Disclosure

Empirica may share your Personal Data with third parties as specifically approved by you or for the reasons described below. If you do not want Empirica to use or disclose Personal Data collected about you in the ways identified in this Privacy Policy, you should not use the Site or Services.  Empirica shares your Personal Data with your consent or as necessary to complete any transaction or provide any service you have requested or authorized. Empirica also shares data for legal reasons, with our affiliates, agents and contractors, with vendors working on our behalf; to maintain the security of our Services; and to protect the rights or property of Empirica. Access to your Personal Data by service providers is limited to the information reasonably necessary to perform its limited function.  You acknowledge that such transfers may occur and are permitted by this Privacy Policy.

 

Empirica requires all third parties to respect the security of your personal data and to treat it in accordance with the law. Empirica does not allow our third-party service providers to use your Personal Data for their own purposes and only permits them to process your Personal Data for specified purposes and in accordance with our instructions.

 

International Transfers

It may be necessary to share your Personal Data in a way that involves transferring it outside the European Economic Area (EEA).  For example, our third party vendors and service providers may be based outside the European Economic Area (EEA) so their processing of your Personal Data will involve a transfer of data outside the EEA.  Whenever EM transfers your Personal Data to a third party based outside of the EEA, EM will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

1. Empirica will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission; or
2. with certain service or product providers, Empirica may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe; or
3. with providers based in the US, Empirica may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to Personal Data shared between the Europe and the US.

 

Mobile Devices/Third-Party Fees

Empirica may make mobile device applications and mobile marketing campaigns available to you and may allow you to register for services that involve messages and/or emails being sent to your mobile device. You are responsible for obtaining access to the mobile device services. Such access may involve third party fees, including mobile carrier, text messaging, or airtime charges. You are solely responsible for those fees, including any and all fees associated with the use of the applications, delivery of the messages, emails or other materials to your mobile device. Please consult your mobile service provider’s pricing plan prior to purchasing or downloading any application or registering for any such service to determine the charges for sending and receiving text messages from/to your mobile device. You will be given the opportunity to opt-in to receive text messages or emails to your mobile device at the time you register for the campaign and with each message or email you receive.

Mobile marketing campaigns may involve your sending an email from your mobile device to Empirica or a third-party campaign operator. An email or other response will then be sent to your mobile device. Opting to participate in a campaign is 100% your choice. When you engage in these mobile marketing campaigns, Empirica and the third-party campaign operator may collect Personal Data, such as, your cell phone number, the name of your wireless service provider, images that you send using your cell phone as part of the campaign, and other relevant information.

Message Boards, Social Media, Blogs, and Chats

Empirica may make message boards, bulletin boards, chat rooms, social media pages, blogs, and other interactive forums (“Forums”) available as part of the Services. Forums give users the opportunity to interact with each other.  Forums may be moderated to help keep inappropriate message from being posted. You should be aware that any information which you post to these interactive Forums, or otherwise choose to make publicly available, including your Personal Data, may be disclosed and available to all users who have access to that portion of the Site or Services. You may be offered the opportunity to include your email address with your message, but you are not obligated to do so. Please keep in mind that whenever you voluntarily disclose Personal Data through or on these Forums your information can be viewed, collected, and used by others. In short, if you post Personal Data in a Forum that is accessible to the public, you may receive unsolicited messages from other parties in return. Empirica cannot control the actions of any third parties.  By using these interactive Forums, you agree that Empirica is not responsible for any information or Personal Data that you disclose or communicate in such forums, and any disclosures you make are at your own risk. By posting any comments, pictures or other information ("Content") in a Forum hosted by Empirica, you grant Empirica a non-exclusive, irrevocable, perpetual and worldwide right to copy and post both such Content within our Site, and those of our parent, affiliates, subsidiaries, assigns, agents and licensees and any social media outlets and advertising medium through which Empirica are engaged or elsewhere on the Site, without any further notice to you or any remuneration therefore.

 

Children’s Personal Information

The Site and Services are not directed to nor intended for minors, in particular, children under 16 years of age. Empirica does not knowingly collect Personal Data from individuals under 16 years of age. If you are under 16 years of age, you should not register or provide Personal Data on the Site or through the Services. If you are the parent or guardian of a child whom you believe has disclosed Personal Data to Empirica, please contact Empirica at support@myempirica.com so that Empirica may delete and remove such child's information from our systems.  Any unauthorized use terminates the permission or license granted by Empirica.

 

Your Consent and Notification of Change

By using the Site or App, you consent to the collection and use of your information by Empirica. If you do not want to receive additional promotions from Empirica, please let Empirica know by unsubscribing. If you do not agree to the terms of this Privacy Policy, you should not use our Site or App.

If at some point in the future, there is a change to our information usage practices that affect your personally identifiable information, Empirica will notify you by email or by posting the change on the Site. Accordingly, you should check this posted Privacy Policy for changes. All amended terms automatically take effect immediately after they are posted. Also, depending on the nature of the change, you may have the option to opt-out of the new information usage.  You should check this posted Privacy Policy for changes each time you enter the Site.

Controlling Your Personal Information

You have choices regarding the collection, use, and sharing of your Personal Information. When you receive communications from Empirica you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail or newsletter you receive, or by editing your preference to receive these communications when you are logged in as a registered user on the Site. If you opt-out of promotional or newsletter emails from Empirica, Empirica may continue to send you certain transactional communications, such as service announcements and administrative messages relating to your account with Empirica, which are necessary to our relationship with you.

If your Personal Data changes or if you no longer desire to use or access the Site or Services, EM encourage you to correct, update or remove the Personal Information from your profile. This can be done at the "Profile" or "My Account" or similar section on the Site. After you delete or change information from your profile, Empirica may retain your Personal Information in conformance with our data retention Privacy Policy and Personal Information may remain within our databases, access logs, and other records. In addition, Empirica is not responsible for updating or removing your Personal Information contained in the lists or databases of third parties who have been provided information as permitted by this Privacy Policy.

 

User’s Materials

Subject to this Privacy Policy, any communication or material that you transmit to this Site by any means for any reason, will be treated as non-confidential and  non-proprietary. While you retain all rights in such communications or material, you grant Empirica and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

 

Security

Protecting your security is important to Empirica.  Empirica takes reasonable security measures to help protect the data, including Personal Data, on our servers. Empirica has in place appropriate security measures to prevent your Personal Data from being accidentally lost, used, or accessed in an unauthorized way, altered or disclosed. In addition, Empirica limits access to your Personal Data to those who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality. Empirica has put in place procedures to deal with any suspected Personal Data breach and will notify you and any applicable regulator of a breach where Empirica is legally required to do so.  Unfortunately, no one can guarantee the security of an internet transmission, and therefore, Empirica does not warrant the security of our servers or the security of information you provide to Empirica online, including Personal Data.

 

Third Party Hosting

Empirica may contract with a third party to maintain and host the Site.  If so, information you submit, including Personal Data, may be placed and/or stored on a server maintained by a third party host.

 

Data retention

Empirica will only retain your Personal Data for as long as necessary to fulfill the purposes for which it was collected, for example, for the purposes of satisfying any legal, accounting, or reporting requirements.  To determine the appropriate retention period for personal data, Empirica considers the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which Empirica processes your Personal Data and whether Empirica can achieve those purposes through other means, and the applicable legal requirements.  In some circumstances, you can request erasure and ask to delete your Personal Data. In some circumstances, Empirica may make your Personal Data anonymous for research or statistical purposes, in which case Empirica may use this information indefinitely without further notice to you.

 

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your Personal Data. You have the right to:

1. request access to your Personal Data (commonly known as a "data subject access request") and receive a copy of the Personal Data Empirica holds about you and to check that EM is lawfully processing it; or
2. request correction of your Personal Data and have any incomplete or inaccurate data corrected after accuracy verification of the newly provided data; or
3. request erasure of your Personal Data and delete or remove Personal Data where there is no good reason for us continuing to process it, where you have successfully exercised your right to object to processing, where Empirica may have processed your information unlawfully, or where Empirica is required to erase your Personal Data to comply with local law, noting that Empirica may not always be able to comply with your request of erasure for specific legal reasons of which you will be notified, if applicable, at the time of your request; or
4. object to processing of your Personal Data where Empirica is relying on a legitimate interest (or those of a third party) and there is a particularity to the situation as a basis because you feel it has an impact on your fundamental rights and freedoms or where Empirica is processing your Personal Data for direct marketing purposes, noting that Empirica may, in some cases, demonstrate compelling legitimate bases to process your data which override your rights and freedoms; or
5. request restriction of processing of your Personal Data and suspend the processing of your Personal Data in the following scenarios: (i) if you want Empirica to establish the data's accuracy; (ii) where Empirica use of the data is unlawful but you do not want us to erase it; (iii) where you need Empirica to hold the data even if Empirica no longer requires it as you need it to establish, exercise or defend legal claims; or (iv) you have objected to Empirica use of your data but Empirica needs to verify whether Empirica has overriding legitimate grounds to use it; or
6. request the transfe rof your Personal Data to you or to a third party where EM will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format, noting that this right only applies to automated information which you initially provided consent for us to use or where Empirica used the information to perform a contract with you; or
7. withdraw consent at any timewhere Empirica are relying on consent to process your Personal Data, but this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent,  Empirica may not be able to provide certain products or services to you. Empirica will advise you if this is the case at the time you withdraw your consent.

 

If you wish to exercise any of the rights set out above, please contact us.

 

No Fees

There are no fees required to access your Personal Data (or to exercise any of the other rights). However, Empirica may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, Empirica may refuse to comply with your request in these circumstances.

 

What Empirica May Need From You

Empirica may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. Empirica may also contact you to ask you for further information in relation to your request to speed up our response.

 

Response Time

Empirica will try to respond to all legitimate requests within one month. Occasionally it may take longer if a request is particularly complex or a number of requests have been made. In this case, Empirica will notify you and keep you updated.

 

Electronic Communication

When you visit the Site or send emails to Empirica, you are communicating with Empirica electronically and consent to receive communications from Empirica electronically.  Empirica will communicate with you by email and you agree that all agreements, notices, disclosures, and other communications that Empirica provides to you electronically satisfy any legal requirement that such communications be in writing.

 

January 2020