Privacy Policy

Last Updated: May 16, 2018

JesseItzler.com Privacy Policy

Summary

Thank you for visiting the Jesse Itzler website located at www.JesseItzler.com (the “Site”). The Site is an Internet property of The 100 Mile Group, LLC (collectively with Mr. Jesse Itzler to be referred to herein as “100MG,” “we,” “our” or “us”). The following JesseItzler.com Privacy Policy (“Privacy Policy”) sets forth our policies associated with the collection, storage and usage of your Personal Data. For purposes of this Privacy Policy, “Personal Data” means any information concerning the personal or material circumstances of an identified or identifiable individual. This includes information such as your name, your address, your phone number and your email address.

Please note, 100MG is considered the “Data Controller” in connection with the Personal Data collected pursuant to this Privacy Policy for purposes of applicable data protection laws. We only collect Personal Data that you provide to us, e.g. during the registration process or for the purpose of handling the business relationship that you have with 100MG, and only to the extent necessary for those purposes. Further, we only use and store your Personal Data if you have given us your express consent or, in the alternative, to the extent that you have explicitly granted us permission, e.g. pursuant to the business relationship between you and 100MG.

Background

Without limiting the foregoing, this Privacy Policy covers our treatment of Personal Data and other information that we collect when an end-user visitor to the Site (“User,” “you” or “your”): (a) accesses or uses the Site; (b) accesses and/or views any of the blog posts, text, video and/or other information pertaining to health, fitness and other subject matter posted, displayed or discussed on the Site (the “Content”); (c) accesses the comments sections associated with the blog posts and/or other interactive features, if any, made available on the Site (“Interactive Services”); (d) accesses links to other social media pages/accounts on third party social media websites, such as Facebook®, Instagram® and Twitter® (collectively, “Social Media Pages”); (e) enters one of the promotions, sweepstakes and/or contests featured on the Site from time-to-time (collectively, “Promotions”); and/or (f) utilizes the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by, 100MG (collectively, the “Contact Services,” and together with the Site, Content, Interactive Services, Social Media Pages and Promotions, the “Site Offerings”).

Capitalized terms not defined herein shall have the meanings set forth in the JesseItzler.com Website Terms and Conditions (“Terms and Conditions”). IF YOU DO NOT AGREE TO THE TERMS OR CONDITIONS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE OFFERINGS.

Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Instagram® is a registered trademark of Facebook, Inc. (“Instagram”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that 100MG is not in any way affiliated with Facebook, Instagram or Twitter, and the Site Offerings are not endorsed, administered or sponsored by Facebook, Instagram or Twitter.

Your California Privacy Rights

100MG will never share, sell, rent, exchange or barter your Personal Data to or with any third-party for financial gain or marketing purposes. Nevertheless, we may, in certain limited instances, share your Personal Data with third parties who perform administrative functions on our behalf. If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information that we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: [email protected]; call us at: (212) 378-4233; or send us mail to: 135 West 50th St., 19th FL., New York, NY 10020.

Personal Data Collected

We collect Personal Data when you access certain of the Site Offerings and complete the required information request form and/or otherwise provide such information to us. Where a User attempts to utilize the Contact Services and/or enter a Promotion, that User may be required to submit, and 100MG may collect, some or all of the following information about the User: name, birthday, gender, email address, telephone number, usernames for third party services (such as Twitter®, Facebook® and Instagram®), and any other information collected via the Contact Services and/or Promotion entry form, as applicable. When Users update information, we keep a backup copy of the prior version for a reasonable period of time.

Use of Personal Data

Other than as set forth in this Privacy Policy, 100MG will never share, sell, rent, exchange or barter your Personal Data to or with any third party for financial gain or marketing purposes. By making that Personal Data available to 100MG, you grant 100MG the right, subject to applicable state and federal law, to use that Personal Data to contact you by email and to send you various marketing messages that contain promotional offers from 100MG, as well as offers from 100MG third party partners, that 100MG believes may be of interest to you. If you wish to stop receiving future communications from us, please follow the instructions at the end of each such marketing message, or see the “Opt-Out/Unsubscribe” section below.

Where you submit Personal Data, we use your name, email address, and/or phone number or Personal Data that you make available to respond to any inquiries made by you and to facilitate the delivery of the applicable Site Offerings to you.

You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Site Offerings.

We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users’ Personal Data as needed to perform these functions for us, but we do not permit them to use User Personal Data for other purposes.

We will also use your Personal Data for customer service, to provide you with information that you may request, to customize your experience with the Site Offerings and/or to contact you when necessary in connection with your use of the Site Offerings. We may also use your Personal Data for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Site Offerings. We may also combine the information we have gathered about you with information from other sources.

By submitting your Personal Data by and through the Site Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

Where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the Site Offerings, and your consent simply allows 100MG to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (i) have your telephone number reassigned to another person or entity; (ii) give up your telephone number so that it is no longer used by you; (iii) port your telephone number to a landline or vice versa; or (iv) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify 100MG of the Phone Number Change via e-mail at: [email protected], or by using one of the methods set forth in the “Contact Us” section below.

We reserve the right to release current or past Personal Data: (A) in the event that we believe that the Site Offerings are being or have been used in violation of the Terms and Conditions or to commit unlawful acts; (B) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any Personal Data pursuant to a subpoena; or (C) if we are sold, merge with a third party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if 100MG is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your Personal Data, as well as any choices that you may have regarding your personal information.

You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be required by applicable law including, without limitation, sharing your e-mail address with third-parties for suppression purposes in compliance with applicable law, including the CAN-SPAM Act of 2003, as amended from time to time. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit Personal Data to be shared or transferred to third parties without permission.

Non-Personal Data Collection and Use

IP Addresses/Browser Type
We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Site Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Site Offerings.

Cookies When a User visits the Site, we may send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable User’s computer. A Cookie is a piece of data stored on your hard drive or mobile device containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience at the Site. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the Site Offerings, including for storing User preferences and tracking Site-User trends (such as pages opened and length of stay at the Site).

Most Internet browsers and mobile phones are initially set up to accept Cookies, but you can reset your browser or mobile phone to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser or mobile phone. Even in the case where a User rejects a Cookie, he or she may still use the Site Offerings; provided, however, that certain functions of the Site Offerings may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.

Behavioral Tracking
Neither 100MG, nor any third party, uses cookies, pixels or other tracking technology on the Site for purposes of tracking Users’ activities after they leave the Site. Nevertheless, most Internet browsers and mobile phones contain a “do-not-track” setting. In general, when a “do-not-track” setting is active, the end-user’s Internet browser or mobile phones notifies other websites or mobile applications that the end-user does not want his/her Information and online behavior to be tracked and used, for example, for behavioral advertising.

Aggregate Data
100MG reserves the right to transfer and/or sell aggregate or group data about Users of the Site Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of Site Offerings Users as a group, without disclosing personally identifiable information.

Interactive Services/Social Media Pages

If you engage in any interaction with 100MG, other Users or any third party on any Social Media Pages or via the Interactive Services, you should be aware that: (a) the Personal Data that you submit by and through such Social Media Pages and/or Interactive Services, as applicable, can be read, collected and/or used by other users of these mobile applications/websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites or Mobile Applications), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where 100MG responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of 100MG’s social media accounts.

We are not responsible for the Personal Data that you choose to submit on, or link to, any Social Media Pages or via the Interactive Services. The Social Media Pages operate independently from 100MG, and we are not responsible for such Social Media Pages’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings of the Social Media Pages with which you interact to help you understand those Social Media Pages’ privacy practices. If you have questions about the security and privacy settings of any Social Media Pages that you use, please refer to their applicable privacy notices or policies.

Third-Party Websites and Mobile Applications

This Site may contain links to third-party owned and/or operated websites and mobile applications, including, without limitation, the Social Media Pages. 100MG is not responsible for the privacy practices or the content of such websites or mobile applications. In some cases, you may be able to make a purchase through one of these third-party websites or mobile applications. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website or mobile application. These third-party websites and mobile applications have separate privacy and data collection practices and 100MG has no responsibility or liability relating to them.

Security

We endeavor to safeguard and protect our Users’ Personal Data. When Users make Personal Data available to us, their Personal Data is protected both online and offline (to the extent that we maintain any Personal Data offline). Where we ask Users to enter sensitive information, if ever, and when we store and transmit such sensitive information, that information is encrypted with advanced TLS (Transport Layer Security).

Access to your Personal Data is strictly limited, and we take reasonable measures to ensure that your Personal Data is not accessible to the public. All of our Users’ Personal Data is restricted in our offices, as well as the offices of our third party service providers. Only employees or third party agents who need User Personal Data to perform a specific job are granted access to User Personal Data. Our employees are dedicated to ensuring the security and privacy of all User Personal Data. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store User Personal Data on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of Personal Data under our control.

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your Personal Data, and technological bugs, errors and glitches may cause inadvertent disclosures of your Personal Data; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your Personal Data will be absolutely secure. Any transmission of data at or through the Site, other Site Offerings or otherwise via the Internet or wireless networks, is done at your own risk.

In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Data. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Third party advertisers have no access to your Personal Data unless you choose to share it with them. This Privacy Policy does not cover the use of cookies or other tracking technologies by advertisers. Third party advertisers may serve advertisements that appear on the App directly to users and, in so doing, automatically receive a user’s IP address or other information. Third party advertisers may also download cookies to your computer or mobile phone, or use other technologies such as JavaScript and “web beacons” (also known as “1×1 gifs”) to measure the effectiveness of their ads and to personalize advertising content. Doing this allows the advertising network to recognize your computer or mobile phone each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser or mobile phone saw their advertisements and determine which advertisements are clicked. 100MG does not have access to or control of the cookies that may be placed by the third party advertisers.

Minors

Visitors under eighteen (18) years of age are not permitted to use and/or submit their Personal Data at the Site. 100MG does not knowingly solicit or collect information from visitors under eighteen (18) years of age. 100MG encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

Opt-Out/Unsubscribe
To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: [email protected]

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Site Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Site Offerings-related and/or inquiry response-related messages from 100MG, you must cease requesting and/or utilizing the Site Offerings and/or cease submitting inquiries to 100MG, as applicable.

Deleting, Modifying and Updating Your Information

At your request, we will: (a) inform you of what Personal Data we have on file for you; (b) amend the Personal Data that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have collected, from our servers/databases. You may do so by e-mailing us at: [email protected] We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Please be advised that deleting your Personal Data may terminate your access to certain of the Site Offerings. If you wish to continue using the full complement of Site Offerings, you may not be able to delete all of the Personal Data that we have on file for you.

Please be further advised that, after you delete your Personal Data, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

Transfer of Personal Data Internationally

If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.

Changes to this Privacy Policy

100MG reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use Personal Data changes, 100MG will notify Users by: (a) sending the modified policy to our Users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.

Contact Us

If you have any questions about this Privacy Policy or our privacy practices in general, you may email us as at: [email protected]; call us at: (212) 378-4228 or send us mail to: 135 West 50th Street, 19th FL, New York, NY 10020.

Filing a Complaint with the Federal Trade Commission

To file a complaint regarding our privacy practices, please Click Here.