TAILWIND NUTRITION, INC. PRIVACY POLICY
Revised March 28, 2023
Your privacy is very important to us at Tailwind Nutrition, Inc. (“Company,” “we” or “us”) and we are committed to preserving the privacy of those utilizing our Web Site, www.TailwindNutrition.com (“TailwindNutrition.com”, “Website”, or “Site”). This document outlines how we gather and utilize your information obtained during your visit to the Site and use of our services. This Privacy Policy applies to all users of our Site, either directly or through any third-party link or lead ad response and covers what information we collect, why we collect it, how we use the information, and instructions and options to access that information. This Privacy Policy does not cover information collected on sites, applications, destinations, or services linked to from our Site and services that we do not own or control. If you find any provision in any of the Tailwind Nutrition Agreements unacceptable, you must immediately terminate your use of this Site.
BEFORE USING THIS TAILWIND NUTRITION.COM SITE, YOU MUST READ AND AGREE TO BE BOUND BY THIS PRIVACY POLICY AS WELL AS THE TERMS AND CONDITIONS (COLLECTIVELY REFERRED TO AS “TAILWIND AGREEMENTS”) WHICH ARE HEREBY INCORPORATED BY REFERENCE. YOUR USE OF THIS SITE SIGNIFIES YOUR ACCEPTANCE OF THE TAILWIND AGREEMENTS.
Information Voluntarily Provided
When using the Site and/or services, we may collect, use, store, and transfer the following categories of personal information about you, which you may voluntarily provide to us:
Information Automatically Collected
When using the Site and/or services, we may automatically collect, use, share, store, and transfer the following categories of personal information about your device.
We use your information in the following ways:
Identity & Contact Information
Financial Information
Transaction Information
Technical & Usage Information
Profile Information
Marketing and Communications Information
Contact History
Social Information
Text Marketing & Notifications
We value your privacy and the information you consent to share in relation to our SMS marketing service. We use this information to send you text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us.
Our website uses cookies to keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via SMS.
Except as expressly set out in this policy, we will not sell, distribute or lease your personal information to third parties unless we have your explicit consent or are required by law to do so. However, as an essential part of our provision of services to you, we share your information with the following categories of affiliates:
You may choose to publicly disclose personal information about yourself and others in the course of (i) contributing user generated content (such as blog posts and comments, forum posts, surveys, reviews, etc.), (ii) communicating with others in our online forums, (iii) creating user profiles for public view, or (iv) posting images, photos, or videos. BE AWARE, information that you voluntarily disclose in any of these areas of our sites or services is unencrypted, public information and, therefore, there can be no expectation of privacy or confidentiality, except if the Terms and Conditions of the site or service specifically limit use of the content, and we are not responsible for the personal information you choose to make public in any of these areas.
Our third-party service providers may be located or use affiliate providers in countries outside the European Economic Area (“EEA”). In addition, information may be processed by third party staff operating outside the EEA. Upon information of this event, we will impose obligations on the recipients of that data to protect your information to the standard required in the EEA or otherwise require the recipient to subscribe to international policies and frameworks intended to enable secure data sharing. In the case of transfer by us, we will put in place appropriate safeguards to ensure that your information remains adequately protected.
If you do not wish to receive future marketing or other commercial messages from us, simply follow the unsubscribe instructions contained within the message you receive. In addition, you may opt out of targeted advertising by using the links below:
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Please note that you may continue to receive certain communications from us that are necessary for the services, such as event notifications, invoices, technical notices, updates, security alerts, and support and administrative service notices.
Third Party Pixels and Cookies
When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout. This information can also be found here: https://retention.com/support/update-privacy-policy/
We retain your personal information while your account is active or as needed to provide you services. Additionally, we may retain personal information even after your account has been closed if retention is reasonably necessary to comply with our legal or regulatory obligations, resolve disputes, prevent fraud and abuse, enforce our Terms and Conditions or any other contract entered into between you and us, or if it is not technically feasible to delete your personal information.
Security Measures
We are committed to ensuring that your information is secure. To this end we continuously implement and update administrative, technical, and physical security measures to help protect your information against unauthorized access, loss, destruction, or alteration. Some of the safeguards we use to protect your information are firewalls and data encryption, and information access controls. In addition, all transactions are SSL encrypted. For your added security all online payment transactions are processed automatically by a third-party payment processor, and we are not party to your personal credit card or bank details. If you know or have reason to believe that your account has been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your account, please contact us at Support Crew at Tailwind Nutrition dot com.
No Liability for Breach
Because no data transmission is completely secure, and no system of physical or electronic security is impenetrable, we cannot guarantee the security of the data that you send to us or the security of servers, networks or databases, and by using the Site and/or our services you agree to assume all risk in connection with your data. We are not responsible for any loss of such data or the consequences thereof.
Breach Notification
In the event that we believe the security of your data in our possession or control may have been compromised, we may seek to notify you. If notification is appropriate, we may notify you by e-mail, telephone call or other reasonable means.
This Site is not intended for users under the age of 18, and we have no intention of collecting Personal Information from children (i.e., individuals under the age of 18). Where appropriate, we take reasonable measures to inform children not to submit such information to our site or in response to advertisements. If a child has provided us with personal information, we will use all reasonable efforts to delete such information from our database.
We are a United States based company, headquartered in the state of Colorado. Our Site and services are hosted and administrated in the United States or hosted with service providers who are headquartered in the United States. Your data may be processed, transferred to, and maintained on, servers and databases located within the U.S. and/or elsewhere where the privacy laws may not be as protective as your jurisdiction. We reserve the right to transfer your data to and from any state, province, country or other governmental jurisdiction. Your consent to this privacy policy followed by your submission or our collection of such data represents your agreement to any such transfer.
Right to Prevent Disclosure of Personal Information
Pursuant to Civil Code Section 1798.83, California customers have the right to access their personal information and prevent our disclosure of their personal information to third parties for those third parties’ direct marketing purposes and requires certain businesses to respond to requests from California customers asking about the business’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. If you wish to access your data or opt-out of our sharing of your data with third parties for the third parties’ direct marketing purposes or to find out more about your opt-out rights, please contact our Data Protection Officer at Support Crew at Tailwind Nutrition dot com with the subject line “CA Privacy Rights”.
Minors
If an individual under age 18 has provided us with personal information, we will use all reasonable efforts to delete such information from our database. You also have the right to request the deletion of that information pursuant to the “California Eraser Law.” Contact us at Support Crew at Tailwind Nutrition dot com to make such a request.
Complaints
Pursuant to California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814. As a resident of California, you may request that we not share your information with certain affiliates or third-party providers for marketing purposes, and/or you may inquire as to how we have shared your information with third party providers for marketing purposes. In connection with such request, we will identify the types of information shared and provide you with the names and addresses of the third parties with whom the information was shared. In this regard, please contact our Data Protection Officer at Support Crew at Tailwind Nutrition.com with the subject line “CA Privacy Rights”.
Under General Data Protection Regulation (“GDPR”), EU residents have specific rights in certain circumstances. This section details your rights pursuant to the GDPR.
Data Controller
For the purposes of the GDPR, the Data Controller is Tailwind Nutrition, Inc., registered in the state of Colorado, USA with a registered agent address at 325 CR 309A Durango CO 81301 USA.
You can contact our Data Controller by sending an email to Support Crew at Tailwind Nutrition dot com or by writing to the below address with the subject line “EU Privacy Rights”:
Tailwind Nutrition, Inc.
Attn.: Data Controller – EU Privacy Rights
325 CR 309A
Durango CO 81301
USA.
Your Rights Regarding Your Personal Information
At any time, you have the below rights to your personal information. You may exercise these rights by logging in to your account or by emailing our Data Protection Officer at Support Crew at Tailwind Nutrition dot com with the subject line “EU Privacy Rights”. We may ask for further information to identify you and ensure the personal data relates to the individual making the request. We will respond within one month of receiving the information we require to carry out your request.
Our Legal Basis and Legitimate Interest
We only collect and process personal information where we have a legal basis for such collection and processing. These legal bases are as follows:
We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. However, if at any time in the future we plan to use Personal Information in a way that differs from this policy, we will post such changes here. Your continued use of the Site and services following the posting of any changes to this policy means you accept such changes. Please check this page periodically for changes to this Privacy Policy
Consent
By providing your email address to us, you expressly consent to receive emails from us. We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us, provided that, we will not sell or give your email address to another party to promote their products or services directly to you. We give you the option to unsubscribe from these communications from us. All unsubscribe or opt-out requests should be sent to us at Support Crew at Tailwind Nutrition dot com.
No Confidentiality
Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Except to the extent expressly covered by this policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
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