Privacy Policy

PRIVACY POLICY

Welcome to https://www.amplify-living.com/ (the “Website”).  The Website is owned and operated by Amplify Living, LLC (the “Company”). The Website is governed by the following privacy policy (this “Privacy Policy”).

The Company respects your privacy and is committed to protecting it. This Privacy Policy, together with the Company’s Terms of Use and Disclaimers, and all other policies referenced on the Website, identifies how the Company will collect and process any personally identifiable information, such as your name, email, address, financial account information, etc., that the Company may collect from you, or that you provide to the Company.

The Website also uses cookies to personalize your experience and target advertising.  By continuing to use the Site, you accept the terms of this Privacy Policy, and the Company’s Terms of Use, and the Disclaimers.  If you disable the use of cookies on the Website, you may not be able to use all the features of the Website.

If you are a California resident, the Company’s privacy practices comply with the California Consumer Privacy Act of 2018 (“CCPA”), and any CCPA-specific information is identified in this Policy.

If you are a resident of the European Economic Area (“EEA”), this Privacy Policy also outlines additional policies applicable to the Company’s collection and processing of your personal information.

As the Company’s services evolve and the Company perceives the need or desirability of using your personal data collected in other ways, the Company may from time to time amend this Privacy Policy.  The effective date appears at the end of this Privacy Policy.  The Company encourages you to check the Website frequently to review the current Privacy Policy in effect and any changes that may have been made to it.

By providing your personal information to the Company in any format (e.g., via email, telephone, fax, or in person) or continuing to use any of the Company’s services or visiting the Website you accept and consent to the practices described in this Privacy Policy and Information Notice.

1.         INTRODUCTION

This Privacy Policy describes how the Company collects, uses, and shares information about visitors to the Website, individuals who contact the Company to purchase materials or request information, or other users of the Company’s services.  The Website and the Company’s other programs or services are the “Services”.  This Privacy Policy describes how the Company obtains and uses personal data (which can be used to identify a specific individual) and anonymous data (which cannot).

Region specific provisions.  Certain provisions of this Privacy Policy, which are clearly labelled, apply only to users who are citizens or residents of particular regions (e.g., the European Union or California).   Otherwise, the Policy applies to all users of the Company’s Services, regardless of location.

Children.  The Services of are not directed to children.  If you become aware that a child (based on the jurisdiction where the child lives, which in the United States means someone under the age of 13) has provided the Company with personal data without parental consent, contact us at the location identified below in Section 11 below.

2.         WHAT PERSONAL INFORMATION DOES THE COMPANY COLLECT?

The Company collects personal information that you enter on the Website or otherwise volunteer to the Company when you contact the Company to, among other things, make purchases, request information, or register for or attend the Company’s programs.  You can choose not to provide certain information, but then you might not be able to take advantage of many of the Website’s features.

For purposes of this Privacy Policy, “Personal Information” means information (whether stored electronically or in paper based filing systems) relating to a living individual who can be identified from that data (or from that data and other information in the Company’s possession).  Personal Information comprises the categories of Personal Information defined by the CCPA, which includes:

IdentifiersName, address, email, phone, social security number, driver’s license
Other Data  Financial information, medical information, health insurance information
Protected Classes  Race, gender, sexual orientation, religion
Commercial Information  Records of personal property, purchasing or consuming histories or tendencies
Biometric Information  Fingerprints, retina scans, face prints
Internet Activity  Browsing history, search history, internet protocol (“IP”) address, website interactions
Geolocation Data  Global positioning system (“GPS”) coordinates, location history
Sensory DataAudio, electronic, visual, thermal, olfactory
Professional Data  Curriculum vitae (“CV”), resume, employment history
Education DataEducational background, grades, scores
Inferences  Drawn from the above categories, such as preferences, characteristics, attitudes, predispositions, abilities, aptitudes, intelligence, and psychological traits

The examples given in this table are not meant to provide an exhaustive list, but are examples of the kinds of data included in each category.   The Company does not collect Personal Information in every one of these categories, and the Company identifies below which categories the Company collect.

Personal Information under the CCPA also includes any other category of personal information not included within the CCPA’s definition that are defined in California Civil Code § 1798.80(e).  The Company refers to this category as “Other Data”, and it includes information such as financial information (bank account number, credit card number, debit card number), medical information, health insurance information, and insurance policy numbers.

The Company collects only that Personal Information that is relevant for the purposes for which the data is requested.  The Company does not use your Personal Information in any way that is incompatible with the purposes for which it was collected or for which you have consented.

A.        Information You Give the Company: When you contact the Company through the Website, or by corresponding with us by phone, e-mail, or otherwise, or attend a Company event, the Company may collect Personal Information from you including:

  • Identifiers:  name, address, email, and phone; for current or prospective affiliates, suppliers, and subcontractors, personal information such as social security number, federal tax identification number, or other relevant information, as applicable;
  • Other Data:  credit card and account information collected when you purchase products or services; medical and health data (e.g., as necessary when participating in some of the Company’s live events); self-assessment data and results, such as information you input when taking self-assessment quizzes, DISC assessment tests, and the like;
  • Protected classes:  gender, sexual orientation, self-assessment data and results (i.e., information you input when taking self-assessment quizzes, DISC assessment tests, and registering for seminars);
  • Professional Data:  for those considering careers with the Company, professional data and education information such as resume or CV, salary history, education history, citizenship information, and position sought, as applicable;
  • Education Information:as needed for participation in programs and live events;
  • Inferences:  Personal information about your goals and aspirations for the Company’s products, services, and live events, or inferences derived from that information.
  • The Company does not collect or receive biometric informationor sensory data.

B.         Information the Company Collects from Other Sources: The Company may receive information about you from other sources who operate other websites or services the Company uses in order to provide the Company’s products and services to you.  The Company works closely with third parties, including, for example, business partners, promoters, affiliates, and sub-contractors in technical, payment and delivery services, advertising networks, marketing analytics providers, promotions, and search information providers. 

C.        Automatically-Collected Information: When you visit the Website, the Company’s web server automatically collects and stores the following information:

  • The IP address used to connect your computer to the internet, referring website address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
  • Information about your visit, including the full uniform resource locators (“URL”), clickstream to, through and from the Website (including date and time), pages on the Website you viewed; page response times, download errors, duration of page visits, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call the Company’s customer service number;
  • The Website uses cookies and pixel tags to collect this information.

D.        Cookies: The Website uses cookies to personalize your experience and target advertising, and the Company recommends you review this Privacy Policy.

E.         Service Providers: The Company uses trusted third-party service providers to operate the Website and deliver services, including website hosting and security, analytics, email communications, and client relationship management. These providers may process limited personal information on the Company’s behalf in order to provide their services.

Analytics

The Website may use analytics services such as Google Analytics to help understand how visitors interact with the Website. Google Analytics uses cookies and similar technologies to collect information such as your IP address, browser type, referring pages, and interactions with the Website.

This information is used to analyze website traffic, improve the performance and functionality of the Website, and better understand visitor engagement.

Google may process this information in accordance with its own privacy policy. You can learn more about how Google uses data collected from websites that use its services by visiting: https://policies.google.com/privacy

Email marketing (Flodesk)

If you opt in to receive email communications, the Company may collect and process your name and email address using an email service provider (such as Flodesk). You may unsubscribe at any time using the link included in our emails.

Client management (HoneyBook)

If you inquire about or engage the Company’s services, the Company may collect and process information you submit through intake forms, scheduling tools, contracts, invoices, or payment steps using a client management platform (such as HoneyBook) and its integrated service providers.

Affiliate links

The Website may participate in affiliate programs (such as Amazon Associates). If you click an affiliate link, cookies may be used by the affiliate network to track referrals and purchases for the purpose of awarding commissions.

3.         HOW DOES THE COMPANY USE PERSONAL INFORMATION?

A.        Information You Give the Company: The Company may use the information you give

  • to provide you with the Services that you request from the Company;
  • to carry out the Company’s obligations arising from any contracts entered into between you and the Company, or between you and the Company’s promoters, affiliates, or distributors;
  • to contact you in the future to provide you with information about other products and services the Company is offering, or that are offered by the Company’s affiliates or third party vendors;
  • to notify you about changes to the Services;
  • to comply with applicable laws and regulations;
  • to assess your suitability for participation in the Company’s live events, and to determine additional Company materials, services, or events to recommend and market to you;
  • for training purposes, quality assurance, and to record details about the products and services you order from the Company;
  • to make inquiries about you for credit reference purposes;
  • to perform data analyses (including anonymization and aggregation of Personal Information); and
  • for prospective employees, to respond to and process your job application and CV.

B.         Information the Company Collects from Other Sources:  The Company will combine information collected from other sources with information you give to the Company and information the Company collects about you. The Company will use this information and the combined information for the purposes set out above (depending on the types of information the Company receives).

C.        Automatically-Collected Information:  The Company will use this information:

  • to provide targeted advertising and marketing services;
  • to administer the Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical, and survey purposes;
  • to improve the Website to ensure that content is presented in the most effective manner for you and for your computer;
  • as part of the Company’s efforts to keep the Website safe and secure.

4.         THIRD-PARTY USE OF PERSONAL INFORMATION.

The Company will not sell your Personal Information to any third parties.  To provide the Services, the Company may disclose Personal Information to service providers for business purposes.  Sometimes the Company discloses your Personal Information to those third parties, and they sometimes collect your Personal Information in the first instance and provide it to the Company.

The Company’s service providers are contractually obligated to comply with all applicable laws (e.g., the CCPA), and all such third parties use your Personal Information only on behalf of the Company and under the instructions of the Company on how your information may be used and processed.  The Company takes reasonable steps to ensure such third parties (a) use your Personal Information only for the purposes for which they have been engaged by the Company, and (b) do not share or sell your Personal Information with or to anyone else.

By enjoying the Services and sharing your Personal Information, you agree that the Company has the right to share the categories of Personal Information the Company collects, as identified in Section 2 above, with the Company’s service providers for the following business purposes:

  • Sales – for the purpose of fulfilling requests from you to purchase goods and services from the Website or at the Company’s events;
  • Targeted advertising – to provide advertising of the Company’s programs and services on other sites and platforms;
  • Marketing – for the purpose of direct marketing of goods and services offered by the Company and its affiliates that you may be interested in;
  • Self-Assessment testing – for administering and providing self-assessment testing services;
  • Cloud services – for provision of cloud storage services;
  • Contractual performance – for the performance of any contract the Company enters into with you;
  • Web analytics — analytics and search engine service providers that assist the Company in the improvement and optimization of the Website;
  • Medical assessment – for the analysis of medical and health information you submit to determine if you are an appropriate participant in the Company’s live events.

The Company may also disclose your personal information to third parties in the following circumstances:

  • In the event that the Company sells or buys any business or assets, in which case the Company will disclose your Personal Information to the prospective seller or buyer of such business or assets as part of the purchase, transfer, or sale of services or assets;
  • If the Company sells all or substantially all of the Company’s assets to a third party, in which case, Personal Information about the Company’s customers will be one of the transferred assets;
  • If the Company is under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or any lawful request by public authorities (including to meet national security or law enforcement requirements), or in order to enforce or apply the Company’s Terms of Use and other agreements; or to protect the rights, property, or safety of the Company, the Company’s customers, or others.

Whenever the Company shares information with third parties, the Company will take steps to ensure that the third parties put in place adequate measures to safeguard your Personal Information, and they will be required to use any Personal Information for only the intended purpose for which it was shared.

5.       THE COMPANY’S STORAGE OF YOUR PERSONAL INFORMATION.

The Company uses reasonable and appropriate measures to protect your Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing undertaken and the nature of the Personal Information the Company collect.

The Company will keep your personal data for as long as the Company need it, or as otherwise prescribed by law, for the purposes set out above.  This period will vary depending on your interactions with the Company.  The Company may also keep a record of correspondence with you (for example if you have made a complaint about a product) for as long as is necessary to protect the Company from a legal claim.

You may unsubscribe from any of the Company’s online e-mail updates and marketing by following the unsubscribe instructions in the body of any e-mail message the Company have sent to you.  The Company will take commercially reasonable steps to implement your unsubscribe requests promptly, but you may still receive promotional information from the Company by mail for up to sixty (60) days, and up to ten (10) days for email.  You may also continue to receive information from those third parties to whom the Company has previously disclosed your Personal Information.

Please note that when you unsubscribe from the Company’s marketing communications, the Company will keep a record of your email address to ensure the Company does not send you marketing emails in future.

6.       ACCESS TO OTHER WEBSITES.

The Website may include links to and from other websites of the Company’s partner networks and affiliates.   If you follow a link to any of these websites, please note that these websites are not covered by this Privacy Policy.  The Company is not responsible for the privacy practices of any third parties or the content of linked sites although the Company does encourage you to read the applicable privacy policies and terms and conditions of such parties or websites.  This Privacy Policy only applies to how the Company deals with your Personal Information, and it does not apply to any other company or any other company’s websites even if you access them via the Website.  Please check those websites’ policies before you submit any Personal Information to them.

7.       PROTECTING CHILDREN’S PRIVACY.

The Company is strongly committed to protecting the safety and privacy of children who visit the Website.  The Website is not designed nor is it intended to be used by children under the age of thirteen (13), and the Company does not knowingly collect personal information online from children under the age of thirteen (13) and has adopted techniques to ensure compliance with this Privacy Policy and the Children’s Online Privacy Protection Act of 1998 (“COPPA”).   The Website includes content that the Company believes to be unsuitable for children under the age of thirteen (13), and the Company encourage all parents to talk to their children about online safety and to monitor their children’s use of the Internet.

8.       ADDITIONAL POLICIES IN COMPLIANCE WITH THE CCPA

The CCPA affords California consumers the rights with respect to their Personal Information set forth in this section.

a.      Right to know about Personal Information Collected, Used, Disclosed, or Sold

California consumers have the right to request that the Company disclose what personal information it has collected, used, disclosed, and sold over the twelve (12) month period preceding the Company’s receipt of such a request. To exercise this right, a California consumer must submit to the Company a verifiable request to know such information. This request can be submitted by following the procedures set forth in Section 11 below.

B.      Right to Request Deletion of Personal Information

California consumers have the right to request the deletion of their personal information collected or maintained by the Company. To exercise this right, a California consumer must submit to the Company a verifiable request to delete such information. This request can be submitted by following the procedures set forth in Section 11 below.

C.      Right to Non-discrimination for the Exercise of a Consumer’s Privacy Rights

California consumers have the right to not be discriminated against because the consumer exercised any of the consumer’s rights under the CCPA.  That means that the company may not deny goods or services to the consumer, charge different rates for goods or services, or provide a different level or quality of goods or services if the consumer chooses to exercise their rights under the CCPA ((unless the different rate or different level or quality is reasonably related to the value to the business of the consumer’s data).

 

D.      Submitting a CCPA Data Request

To submit a request to know about the Personal Information the Company collects about you as described in Section 8(A) or a request for deletion of your Personal Information as described in 8(B), please contact us by emailing the Company at [email protected].

The Company is required to verify the identity of the individual requesting access to a consumer’s data or requesting deletion of a consumer’s data.  To verify your identity, you must provide:

·       user identification and password for the Website;

·       if the Company has previously received your email address, then the Company may verify that you have access to that email address by sending a verification code; or

·       if the Company has previously received your mobile number, the Company may text you a verification code.

E.         Authorized Agent

California consumers may designate an authorized agent to exercise a CCPA right on the consumer’s behalf. If a consumer utilizes an authorized agent to exercise a CCPA right, the following proof that the agent has been authorized to act on the consumer’s behalf will need to be provided:

·       Proof of written permission by the consumer for the authorized agent to act on his or her behalf and separate verification of the consumer; or

·       Proof that the authorized agent holds a power of attorney to act on the consumer’s behalf pursuant to Cal. Probate Code §§4000-4465.

9.       ADDITIONAL POLICIES IN COMPLIANCE WITH THE EEA PRIVACY LAWS.

 

In addition to the other policies described in this Privacy Policy, residents of the European Union or the EEA are afforded the following additional rights and protections as required by the General Data Privacy Regulation (“GDPR”).  The additional rights and protections set forth in this Section 9 of this Privacy Policy apply only to residents of the European Union or the EEA.

a.      GDPR Definitions

 

THE FOLLOWING ADDITIONAL DEFINITIONS APPLY TO THIS SECTION OF THE PRIVACY POLICY:

 

“Controller” means the Company which is the organization that determines the purposes for which, and the manner in which, any Personal Information is Processed and used in its business.

“Processor” means any Person Processing Personal Information.

“Person” means a natural person, corporation, association, organization, partnership, or other legal entity.

“Processing” is any activity that involves use of the Personal Information. It includes, without limitation, obtaining, recording or holding the Personal Information, or carrying out any operation or set of operations on the Personal Information including organizing, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring Personal Information to third parties.

 

B.      The Legal Basis for Processing your Personal Information

In order to comply with the GDPR, the Company is required to set out the legal basis for the processing of your Personal Information.  In accordance with the purposes for which the Company collects and uses your Personal Information, as set out above, the legal basis for processing your Personal Information will typically be one of the following:

  • the Company’s own legitimate business interests, or the legitimate business interests of the Company third party partners, promoters, affiliates, distributors, suppliers, vendors, and subcontractors, such as, for example, providing direct marketing to the Company’s customers of the Company’s products and services that the Company thinks would be of interest, permitting prospective employees to search and apply for job opportunities, handling inquiries from the Company’s promoters, affiliates, distributors, vendors, and customers, or other instances where the Company has carried out a legitimate interests assessment and has established an existing legitimate interest;
  • the performance of a contract that the Company has in place with you;
  • your consent where appropriate; or
  • compliance with the Company’s legal obligations, including to meet national security or law enforcement requirements.

C.      Where the Company Stores your Personal Information

The data that the Company collect from you is stored on the Company’s servers or on servers provided by cloud service providers, such as Amazon Web Services.  If you are a resident of the EEA, your Personal Information may be transferred within or outside the EEA to areas where privacy laws may be less strict than in the EEA (for such transfers of your Personal Information to the Company’s systems in the United States, the Company comply with the US-EU Privacy Shield Framework and Swiss-US Privacy Shield Framework).  By submitting your Personal Information, you agree to this transfer, storing, and processing.  The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

Unfortunately, the transmission of information via the Internet is not completely secure. Although the Company will do its best to protect your Personal Information, the Company cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.  Once the Company has received your information, the Company will use strict procedures and security features to try to prevent unauthorized access.

 

D.      Addendum to how long the Company Stores your Personal Information

In some cases, there is a legal requirement to keep Personal Information for a minimum period of time.  Except in those circumstances, the Company will not keep your Personal Information for any longer than is necessary for the purposes for which the Personal Information was collected or for which it is to be further processed.

E.      Your Rights with Respect to your Personal Information

Subject to certain exceptions, you have the following rights with respect to your Personal Information:

  • To receive or access a copy of the Personal Information that the Company holds about you;
  • To request that any inaccurate or incomplete Personal Information be corrected or supplemented;
  • To have your Personal Information erased, unless the Company has a legitimate reason to retain the Personal Information (such as if the Company is required to do so for legal reasons); and
  • To ask the Company not to process your Personal Information for a particular purpose, including for marketing.

All of these rights are subject to certain conditions and exemptions.  For example, the Company will not be obligated to erase your Personal Information if the Company needs to retain it to protect the Company in the event of a legal claim.

To exercise any of these rights, please submit a written request to us using the contact information set forth below in Section 11. The Company reserves the right to charge a fee in dealing with such a request as permitted by applicable law and regulations.  You may also opt out of receiving additional marketing information by using the unsubscribe feature in any marketing email the Company sends to you.

10.     CONDITIONS OF USE AND CHANGES TO THE COMPANY’S PRIVACY POLICY

If you choose to visit the Website and attend the Company’s events, your visit and any dispute over privacy is subject to this Privacy Policy and the Company’s Terms of Use, including limitations on damages, resolution of disputes, and application of the law of the State of Delaware.  If you have any concern about the Company’s privacy practices, please contact the Company with a thorough description, and the Company will try to resolve it.  As the Company’s business changes, the Company’s Privacy Policy and the Company’s Terms of Use may change also. The Company may e-mail periodic reminders of the Company’s notices and conditions, but you should check the Website frequently to see recent changes.  Unless stated otherwise, the Company’s current Privacy Policy applies to all information that the Company has about you and your account.

 

11.       CONTACTING THE COMPANY

This Site is owned and operated by the Company.  If you have any questions or suggestions with respect to this Privacy Policy or the Company’s privacy practices, please e-mail us at [email protected], or you can contact the Company by mail at:

Amplify Living, LLC

Julie Roberts

[email protected]

12.       TESTIMONIALS

The testimonials, reviews, endorsements, and insights presented on the Website are for illustrative purposes only and are applicable to the individuals depicted. The testimonials, reviews, endorsements, and insights are a reflection of the unique experiences and opinions of the individuals depicted. Results may vary and may not be representative of the experience of others using the Services.

The testimonials, reviews, endorsements, and insights are not intended to represent, promise, or guarantee that others will achieve the same or similar results. The experiences depicted on the Website may not be typical. Unique experiences and past performances are not predictive of future results.

The testimonials, reviews, endorsements, and insights are voluntarily provided and no compensation of any sort was provided in exchange.

The testimonials, reviews, endorsements, and insights are published on the Website verbatim as provided by the individuals depicted, except for the correction of grammar or typos. Some extraneous information irrelevant to the testimonials, reviews, endorsements, and insights may have been removed or shortened for the purpose of brevity or clarity.