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Privacy Policy

1. OVERVIEW

    Balance Factor (“Balance Factor, Inc.,” “we,” “us,” or “our”) takes the privacy of your information seriously. Please read the following privacy policy to better understand what information our website (www.mybalancefactor.com) (the “Site”) collects and uses about you and how it handles this information. We will not use or share your information with any person or entity, except as described in this Privacy Policy. This Privacy Policy does not apply to information we collect by other means (including offline) or from other sources. Capitalized terms that are not defined in this Privacy Policy have the meaning given them in the Terms of Service located on the Site. The Terms of Service are incorporated herein by this reference.

      2. INFORMATION COLLECTED BY THE SITE TO CONDUCT TRANSACTIONS

        We will collect the information required to perform any transaction requested by you, including registering for a Site account, subscribing to a mailing list or our newsletter, participating in promotions, purchasing products offered on the Site, and responding to questions or comments you may have and for any other purposes with your consent. This information may include information such as, among other items, your name, shipping address, billing information, email address, telephone number, credit card information, or other payment information. When you make a purchase or otherwise utilize the Site, we may need to provide your information, including the information indicated above, to certain third-party service providers. Such third-party service providers include Shopify.com (“Shopify”), product manufacturers, shipping companies, parties used in the sending of postal mail or emails, accounting and record-keeping functions, advertisements, and other web-based services. Your information is disclosed to such third-party service providers only as necessary and solely to complete the transaction for which they have been engaged by us. Such third-party service providers will have access to your information for the limited purpose of completing their intended function, but they may not use it in connection with or for any other purpose.

          3. OTHER INFORMATION COLLECTED BY THE SITE

            The Site automatically collects information as you navigate through the Site.  Information collected automatically may include Internet Protocol addresses, details relating to your use of the Site, and information collected through cookies and other tracking technologies.  This information collected is generally statistical data and does not identify you specifically. This information is used by us to improve the Site and to deliver better service to the Site's users.

              4. USE OF INFORMATION COLLECTED BY THE WEBSITE

                The information we collect is used to provide a variety of services and improvements for our customers. The data is used to process your purchases, send you opted-in promotional materials, create and manage your online account, effectively respond to your inquiries and questions, communicate with you about our social networks, events, and promotions, request feedback, and provide surveys. We also use the information to notify you about changes to our Site, products, and the services we provide to our customers. We do not sell or provide your information for third-party direct marketing purposes. We respect our customer's data and relationships.

                  5. MANAGING YOUR INFORMATION

                    You may, of course, decline to submit personally identifiable information through the Site, in which case we may not be able to provide certain products or services to you. You may update, correct, or delete your account information at any time by logging into your account or by contacting us as provided in the “Contact Us” section below.

                      6. OPT-OUT POLICY

                        We may use your email address to send you notices regarding matters, including the Site (including any notices required by law, in lieu of communication by postal mail). If you do not want to receive these messages, you can opt out by following the instructions included in the email message or by emailing us at support@mybalancefactor.com. If you correspond with us by email, we may retain the content of your email messages, your email address, and our responses.

                          7. DISCLOSURE

                            We have the right to disclose statistical or aggregated data (but in no event information which may personally identify you, referred to hereafter as "personal information") in our discretion and without restriction. We may disclose personal information which we have collected (a) as may be expressly permitted by you, (b) to our related companies and service providers to perform a business or technical support function for us, (c) as we deem necessary to enforce the Site's Terms of Service, (d) to comply with any court order, law or legal process, including to respond to any government or regulatory request or otherwise as required by law, and (e) in connection with the sale of Balance Factor (whether by merger, sale of our assets, sale of stock, or otherwise).

                              8. SHOPIFY

                                The Site is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. Shopify stores your data on a secure server behind a firewall.

                                If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

                                All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.

                                PCI-DSS requirements help ensure the secure handling of credit card information by the Site and its service providers.

                                For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Policy (https://www.shopify.com/legal/privacy).

                                  9. THIRD-PARTY SERVICES

                                    In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies, so you can understand the manner in which your personal information will be handled by these providers. Once you leave the Site or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Terms of Service.

                                    When you click on links on the Site, they may direct you away from the Site. We are not responsible for the privacy practices of other sites and encourage you to read their Privacy Policies.

                                    TEXT MARKETING:

                                    Text Marketing and notifications: By subscribing to text notifications you agree to receive recurring automated marketing messages at the phone number provided. Consent is not a condition of purchase. Reply STOP to unsubscribe. HELP for help. Msg & Data rates may apply. More info view Privacy Policy and Terms of Service. Click here view our third party's privacy policy.

                                      10. SECURITY

                                        To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

                                        If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. We follow all PCI-DSS requirements and implement additional generally accepted industry standards. In addition, Shopify reviews its business practices periodically for compliance with policies and procedures governing the security and confidentiality of our information. Nevertheless, no data transmission over the Internet is 100% secure. Accordingly, while we strive to protect your personal information and privacy, we do not warrant or guarantee the security of any information you disclose or transmit to us while using the Site, and we shall not be liable for the theft or inadvertent disclosure of your personal information. We assume no liability for any disclosure of data due to errors in transmission, unauthorized third-party access or other acts of third parties, or acts or omissions beyond our reasonable control.

                                          11. COOKIES

                                            When you use the Site, we may send one or more “cookies” – a small data file – to your computer to uniquely identify your browser and let us help you log in faster and enhance your navigation through the Site. A cookie may convey to us anonymous information about how you browse the Site. A persistent cookie remains on your hard drive after you close your browser so that it can be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. Below is a list of cookies that we use. We have listed them here so you that you can choose if you want to opt-out of cookies or not.

                                             _session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc.).

                                             _shopify_visit, no data held, Persistent for 30 minutes from the last visit, used by our Site’s provider’s internal stats tracker to record the number of visits

                                             _shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, counts the number of visits to a store by a single customer.

                                            cart, unique token, persistent for 2 weeks, stores information about the contents of your cart.

                                             _secure_session_id, unique token, sessional

                                             storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

                                              12. CHILDREN UNDER THE AGE OF 13

                                                The Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not (a) use this Site or any of its features, (b) register on the Site, (c) make any purchases through the Site, or (d) otherwise provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will immediately delete that information. If you believe we might have any information from or about a child under 13, please contact us as provided in the "Contact Us" section below.

                                                  13. CALIFORNIA PRIVACY RIGHTS

                                                    Under California law, there exist certain requirements governing an operator of a website or online service that collects personally identifiable information about consumers in California.  California law requires such operators to disclose how the operator responds to web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer's online activities over time and across third-party web sites or online services if the operator engages in that collection. At this time, other than as outlined in paragraph 14 below, we do not track our customers' personal information over time and across third-party websites and, therefore, we are not able to respond to “do not track” requests. California law also requires such operators to disclose whether third parties may collect personal information about their users' online activities over time and across different sites when the users use the operator's website or service. Third parties that have content or services on the Site (such as a social feature, analytics service, or an advertising network partner) may obtain information about your browsing or usage habits but this information does not include personal information. With the exception contained in paragraph 14 below, we do not knowingly permit such third parties to collect any personal information from the Site, for direct marketing purposes or otherwise, unless you directly provide it to us and we provide it to them with your consent.

                                                      14. USE OF FACEBOOK PIXEL AND FACEBOOK CONVERSIONS API

                                                        We use the “visitor action pixels” from Facebook Inc. (1 Hacker Way, Menlo Park, CA 94025, USA, or if you are a resident of the EU, Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland) (“Facebook”) on our website.

                                                        This allows your behavior to be tracked after you have been redirected to our website by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, and we do not see the personal data of individual users. 

                                                        We also use Facebook’s Conversions API. Data is shared using your web browser and from Shopify’s servers, and is sent directly to Facebook’s servers. Data sent from server to server cannot be blocked by browser-based ad blockers. Your personal information will be used to match users on Facebook’s network. The information collected using this setting includes your name, location, email address, and phone number, as well as your browsing behavior on our online store. Balance Factor uses this information for its legitimate interests to measure customer actions, improve the accuracy of information sent for targeting, measurement, and optimization, and for more control over data sharing.  You agree that Balance Factor can collect this data through the Facebook Conversions API platform for these purposes.

                                                        The data described under this section is also stored and processed by Facebook.  Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Usage Policy, located at https://www.facebook.com/about/privacy.  You can allow Facebook and its partners to place ads on and off Facebook.  Facebook may use cookies, web beacons, and other storage technologies to collect or receive information from this website and your browsing activities elsewhere on the internet.

                                                        The legal basis for this use is Article 6, paragraph 1, sentence 1, letter f of the GDPR.  You can object to the collection of your data by Facebook pixel, or to the use of your data for the purpose of displaying Facebook ads by contacting the following address:  https://www.facebook.com/settings?tab=ads.

                                                        Facebook is certified under the Privacy Shield Agreement (https://www.facebook.com/about/privacyshield) and thus guarantees compliance with European data protection legislation.

                                                        You may object to the use of cookies for measuring range and advertising purposes via the Network Advertising Initiative’s deactivation page (https://optout.networkadvertising.org) and additionally via the U.S. website (https://www.aboutads.info/choices) or the European website (https://www.youronlinechoices.com/uk/your-ad-choices).  Note, however, that the Facebook Conversions API does not use cookies, and so you must opt out directly with Facebook at https://www.facebook.com/settings?tab=ads.

                                                          15. INFORMATION FROM THIRD-PARTY SERVICES

                                                            We allow you to create an account and log in to use this website through the following third-party services:  Facebook, Google, LinkedIn, and Amazon. 

                                                            If you decide to register through or otherwise grant us access to a third party service, we may collect personal data that is already associated with your third-party services, such as your name, your email address, your activities, or your contact list associated with that account. 

                                                            You may also have the option of sharing additional information with us through your third-party services account.  If you choose to provide such information and personal data, during registration or otherwise, you are giving us permission to use, share, and store it in a manner consistent with this privacy policy. 

                                                            Instructions on changing the personal data these third-party services share with us are located as follows:

                                                            Facebook: https://www.facebook.com/help/1224342157705160

                                                            Google: https://support.google.com/accounts/answer/112802?co=GENIE.Platform%3DAndroid&hl=en

                                                            LinkedIn: https://www.linkedin.com/help/linkedin/answer/1207/third-party-applications-data-use?lang=en#:~:text=Click%20Settings%20%26%20Privacy%20from%20the,it%20from%20your%20LinkedIn%20account.

                                                            Amazon: https://www.amazon.com/gp/help/customer/display.html?nodeId=GSNRZP4F7NYG36N6

                                                            However, we may retain information you provided prior to terminating access.  If you want us to delete this information, please contact us at support@mybalancefcator.com.

                                                              16. INTERNATIONAL DATA TRANSFER

                                                                We may transfer information that we collect about you, including personal information, to affiliated entities, or to other third parties (as provided herein) across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from laws of the United States and state law, please note that you are transferring information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the United States and the use and disclosure of information about you, including personal information, as described in this Privacy Policy.

                                                                  17. CHANGES TO THIS PRIVACY POLICY

                                                                    We may change our Privacy Policy from time to time at our discretion and will post any such changes on the Site. At the time of any change, we will change the date of the Privacy Policy at the top of this Privacy Policy. If we make what we deem to be a material change to our Privacy Policy, we will post a notice on the homepage of the Site for a reasonable period of time after such modification has been made. We encourage you to check our Privacy Policy periodically for any changes. Your continued use of the Site following the posting of changes to our Privacy Policy will mean you accept those changes and they will be binding on you.

                                                                      18. IMPACT OF SALE OR MERGER

                                                                        It is possible that we and/or any of our assets may be acquired by a third-party. In such a transaction, as the owner of your information, we may disclose or sell the information as an asset of Balance Factor in conjunction with the sale of Balance Factor the sale of a portion of our assets to a third-party. While we will endeavor to require the successor company to maintain this Privacy Policy, we cannot guarantee that this Privacy Policy will remain in effect.

                                                                          19. YOUR CONSENT

                                                                            Use of the Site signifies your consent to this Privacy Policy, including the collection and use of information by Balance Factor, as described herein, and also signifies your agreement to the Terms of Service. Continued access and use of the Site without acceptance of the terms of this Privacy Policy relieves Balance Factor from responsibility to you.

                                                                              20. QUESTIONS AND CONTACT INFORMATION

                                                                                If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, please contact our Privacy Compliance Officer at the following:

                                                                                Balance Factor, Inc.
                                                                                11400 Knott st
                                                                                Garden Grove, CA 92841
                                                                                ATTN: Privacy Compliance Officer
                                                                                Email: support@mybalancefactor.com

                                                                                 

                                                                                Last updated: June 22, 2022