KICKOFF BY CAROL PRIVACY NOTICE

CHANGES TO THIS PRIVACY NOTICE

We may modify this Privacy Notice from time to time, in which case we will update the “Last Updated” date at the top of this Privacy Notice. If we make material changes to how we use or disclose information we collect, we will use reasonable efforts to notify you (such as by emailing you at the last email address you provided us, by posting notice of such changes on the Services or by other means consistent with applicable law) and will take additional steps as required by applicable law. If you do not agree to any updates to this Privacy Notice, please do not continue using or accessing the Services.​

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1. COLLECTION AND USE OF INFORMATION

When you use or access the Services, we collect certain categories of information about you from a variety of sources. In addition to the specific uses discussed below, we may use this information to provide and improve the Services and to maintain our business relationship, as a matter of our legitimate interests, including by enhancing the safety and security of our Services, providing customer support, complying with applicable legal obligations, enforcing any applicable terms of service, and protecting our rights and the rights of our employees, users or other individuals.​

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Information You Provide to Us

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Some features of the Services may require you to directly provide certain information, including information about yourself. You may elect not to provide this information, but doing so may prevent you from using or accessing these features. Information that you directly submit through our Services includes:

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• Basic contact details, such as name, address, phone number, date of birth, and email. We use this 
  information to create and maintain your account and provide the Services, as required to perform our contract with you, and because it is in our legitimate interest to communicate with you (including to tell you about products or services that may be of interest to you, to the extent you have consented to receiving marketing communications from us).

• Account information, such as username, password, security questions that you select and the answers you provide. We use this information to provide the Services, as required to perform our contract with you, and because it is in our legitimate interest to maintain and secure your account with us. If you choose to register an account, you are responsible for keeping your account credentials safe. We recommend you do not share your access details with anyone else. If you believe your account has been compromised, please contact us immediately.

• Emergency contact details, such as the name and phone number of a person you nominate. We use this information to contact them in an emergency and to better assist you during your sessions, as necessary to protect your vital interests and in our legitimate interests to provide and safeguard the Services. Please ensure you have notified your emergency contact and obtained their permission to share their details with us.

• Payment information, such as bank account, credit or debit card information, and billing address, which we collect using a third party payment processor, such as PayPal. Our payment processors collect this information on our behalf to process your payment and provide you with the services you have requested, as required to perform our contract with you.

• User-generated content (“UGC”), such as user reviews, comments, and photos, submitted by you through our customer review functionalities. We or others may store, display, reproduce, publish, or otherwise use UGC, and may or may not attribute it to you. Others may also have access to UGC and may have the ability to share it with third parties. If you choose to submit content to any public area of the Services, your content will be considered “public” and will be accessible by anyone, including us. We reserve the right to approve or deny UGC submissions, and remove any infringing, inappropriate, criminal, or discriminatory content, or content that otherwise violates our guidelines. For more information about our guidelines, please see our Terms of Use. We process this information in our legitimate interests to administer and improve our Services.

• Any other information you choose to include in communications with us or otherwise provide in connection with our Services. For example, we may gather information about you shared during in-person or online sessions, such as information about a recent injury or loss you experienced. We use this information so that we may help provide you support in navigating recovery, and because it is in our legitimate interest to provide the Services to you.

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Information Collected Automatically

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We and third parties may also use cookies, pixels or other tracking technologies to automatically collect certain information about your interactions with the Services. This information is collected and used either with your consent (for example, to personalize the Services for you, and to target, deliver and measure interest-based advertising) or because it is in our legitimate interests to tailor your experience with the Services, provide you with offers or promotions, run analytics, and better understand user interactions with the Services. Such information includes:

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• Device information, such as device type, operating system, unique device identifier, and internet protocol (IP) address.

• Location information, such as approximate location.

• Other information regarding your interaction with the Services, such as browser type, log data, date and time stamps, clickstream data, interactions with marketing emails, and ad impressions.

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Cookies and Similar Technologies

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When you use the Services, we may use cookies, scripts and similar files or technologies (collectively, “cookies”) to collect and store information we automatically collect about your device and use of the Services.

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• What are cookies: Cookies are text files that are placed on your device when a website is loaded on your browser. They are widely used in order to make websites work or work more efficiently, as well as to provide information to the owner of the site or to another site that recognizes the cookies. Cookies can be first party or third party. A first party cookie is set directly by us to your device, whereas a third party cookie is set by a third party (such as analytics providers). Cookies can be persistent or session cookies depending on the time that they remain on your device. A persistent cookie is stored on your device after your web browser is closed or once your session ends. It can be used by the Services to recognize your device when you open your browser and use the Services again. A session cookie exists temporarily on your device while your browser is open. It is deleted automatically once you leave the website or close your browser.

• Our use of cookies: In the EEA, UK and Switzerland, we will only use optional cookies with your consent. If you do not accept the use of cookies, please disable them using the instructions below and changing your browser settings so that cookies cannot be placed on your device. We use (i) strictly necessary cookies, and (ii) analytics cookies. Strictly necessary cookies are essential to the functioning of the Services, to provide a service requested by you or to ensure the security of the website. These cookies will be set once our website is loaded on your browser and cannot be turned off as we cannot provide the Services without them. Analytics cookies allow us to collect information about your online activity, including behavioral data and content
  engagement. They allow us to provide you with a better user experience and to maintain, operate and continually improve the Services. The data collected will generally be aggregated to provide trends and usage patterns for business analysis, site/platform improvement and performance metrics and to inform our advertising and marketing strategies. For example, we may use Google Analytics on our website. We use their cookies to generate statistical data on how a visitor uses the Services.

• How to manage or delete cookies: Most devices and browsers allow you to change your cookie settings. These settings will typically be found in the “options” or “preferences” menu of your browser. This lets you control your cookie settings so that you can (i) see what cookies or other locally stored data are used and delete them on an individual basis, (ii) block third party cookies, (iii) block cookies from particular sites, (iv) block all cookies from being set, and (v) delete all cookies when you close your browser.

• For more information on how to manage popular browsers, please see hyperlinks below:

  • Cookie settings in Chrome for web and Android​

  • Cookie settings in Safari web and iOS

  • Cookie settings in Edge

  • Cookie settings in Firefox

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Most browsers accept cookies automatically, but you may be able to control the way in which your devices permit the use of cookies. If you so choose, you may block or delete certain of our cookies from your browser; however, blocking or deleting cookies may cause some of the Services, including any portal features and general functionality, to work incorrectly. You may also opt-out of the collection and use of information for interest-based advertising by advertisers that are part of certain industry alliances, including through tools offered by the National Advertising Initiative, the Digital Advertising Alliance or the European Interactive Digital Advertising Alliance, by clicking the links provided. If you want to change your settings at any time (for example, if you accept all cookies, but later decide you do not want a certain type of cookie) you can use your browser settings to remove any third party cookies or similar technologies dropped on your previous visit. To opt out of Google Analytics’ use of cookies, a Chrome browser add-on is available.Your browser settings may also allow you to transmit a “Do Not Track” signal when you visit various websites. Like many websites, our website is not designed to respond to “Do Not Track” signals received from browsers.

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If you would like to find out more about cookies and their use on the Internet, you may find the following link useful: All About Cookies.

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If you have any questions or comments about our use of cookies, please contact us via email at me@kickoffbycarol.com.

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Information Collected From Other Sources

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We may obtain information about you from outside sources, including information that we collect directly from third parties and information from third parties that you choose to share with us. Such information includes:

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• Contact information we receive from wellness professionals, specialists or other third-party providers (collectively, “Professionals”) who may refer you to our services, which we use in our legitimate interests to communicate with you and provide the Services to you.

• Analytics data we receive from analytics providers such as Google Analytics, which we use in our legitimate interests to improve our website, communications and the Services.

• Information we receive when you choose to link any social media platforms to your account, such as Facebook or Google, which we use in our legitimate interests to maintain your account and login information.

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Any information we receive from outside sources will be treated in accordance with this Privacy Notice.
We are not responsible for the accuracy of the information provided to us by third parties and are not responsible for any third party’s policies or practices. For more information, see the section below, Third-Party Websites and Links.

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In addition to the specific uses described above, we may use any of the above information to provide you with the Services and to maintain our business relationship, as a matter of our legitimate interests, including by enhancing the safety and security of our Services (e.g., troubleshooting, data analysis, testing, system maintenance, and reporting), providing customer support, sending service and other non-marketing communications, monitoring and analyzing trends, conducting internal research and development, complying with applicable legal obligations, enforcing any applicable terms of service, and protecting the Services, our rights, and the rights of our employees, users or other individuals.

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Deidentified Information

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Finally, we may deidentify or anonymize your information such that it cannot reasonably be used to infer
information about you or otherwise be linked to you (or we may collect information that has already been
deidentified/anonymized), and we may use such deidentified/anonymized information for any purpose.

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4. DISCLOSURE OF YOUR INFORMATION

We may disclose your information for legitimate purposes subject to this Privacy Notice, including the
following categories of third parties:

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• Other Professionals to provide you with referrals, with your consent. For example, if you express interest in communicating with a certain specialist to enhance your experience, we may share your contact information with such specialist on your behalf to facilitate the referral.

• Our affiliates or others within our corporate group, as a matter of our legitimate interests to efficiently provide the Services.

• Vendors or other service providers who help us provide the Services, including for system administration, cloud storage, security, customer relationship management, marketing communications, web analytics, payment networks, and payment processing.

• Third parties to whom you request or direct us to disclose information, such as through your use of social media widgets or login integration (i.e., Google, Facebook), with your consent or to perform our contract with you.

• Professional advisors, such as auditors, law firms, or accounting firms, as a matter of our legitimate interests to assess, protect, enforce and defend our rights and to comply with our legal and regulatory obligations.

• Third parties in connection with or in anticipation of an asset sale, merger, bankruptcy, or other business transaction, as a matter of our legitimate interests to run a successful and efficient business.

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We may also disclose your information as needed to comply with applicable law or any obligations thereunder or in our legitimate interests to cooperate with law enforcement, judicial orders, and regulatory inquiries, to enforce any applicable terms of service, and to ensure the safety and security of our business, employees, and users.

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3. SOCIAL FEATURES

Certain features of the Services allow you to initiate interactions between the Services and third-party
services or platforms, such as Instagram, LinkedIn, and other social networks (“Social Features”). Social
Features may include features that allow you to access our pages on third-party platforms, and from there to “like” or “share” our content. Use of Social Features may allow a third party to collect and/or use your 
information. If you use Social Features, information you post or make accessible may be publicly displayed by the third-party service. Both we and the third party may have access to information about you and your use of both the Services and the third-party service. For more information, see the section below, Third-Party Websites and Links.

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4. THIRD-PARTY WEBSITES AND LINKS

We may provide links to third-party websites or platforms. If you follow links to sites or platforms that we do not control and are not affiliated with us, you should review the applicable privacy notice, policies and other terms. We are not responsible for the privacy or security of, or information found on, these sites or platforms. Information you provide on public or semi-public venues, such as third-party social networking platforms, may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use. Our inclusion of such links does not, by itself, imply any endorsement of the content on such platforms or of their owners or operators.

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5. CHILDREN’S PRIVACY

Our Services are not intended for children, and we do not seek or knowingly collect any personal information from children. Any parent or guardian with questions regarding the collection or use of personal information relating to their child or minor should contact us using the details provided in Section 9 below.

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6. DATA SECURITY AND RETENTION

Despite our reasonable efforts to protect your information, no security measures are impenetrable, and we
cannot guarantee “perfect security.” Any information you send to us electronically, while using the Services or otherwise interacting with us, may not be secure while in transit. We recommend that you do not use unsecure channels to send us sensitive or confidential information.

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We retain your information for as long as is reasonably necessary for the purposes specified in this Privacy Notice, unless a longer retention period is required by applicable law or is necessary for us to protect our rights. When determining the length of time to retain your information, we consider various criteria, including whether we need the information to continue to provide you the Services, resolve a dispute, enforce our contractual agreements, prevent harm, promote safety, security and integrity, or protect ourselves, including our rights, property or products. In particular, we retain your account data for as long as you keep your account open or as needed to provide you with our Services.

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7. EUROPEAN USERS

If you are located in the European Economic Area (EEA), the United Kingdom or Switzerland (collectively, the “EEA+”), this section applies to you and supplements our Privacy Notice. It describes how we process your personal information when you use or interact with our Services. If there are any inconsistencies between our Privacy Notice and this section, this section prevails.

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Lawful bases for processing

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We process your personal information to perform our contract with you to provide you with the Services.
When we take steps at your request prior to entering into the contract, the lawful basis for such processing is also contractual necessity. We will rely on this lawful basis where we process your personal information, for example, for account creation purposes (unless you are under the legal age to form a binding contract, in which case we rely on your parental or guardian’s consent and our legitimate interests to make the Services available to you) and for providing you with the Services, including to respond to inquiries and requests, and to assist with your account retrieval, as necessary.

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If the processing is necessary for us to comply with an applicable legal obligation under EEA+ laws, the lawful basis is that it is necessary so that we can comply with such legal obligations. We will rely on this lawful basis, for example, where we are required by EEA+ laws to share information with law enforcement authorities.

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In some cases, the processing is necessary for us to realize a legitimate interest based on an assessment of that interest and your privacy and other fundamental interests, including where we endeavor to provide you with a positive experience, seek to comply with the laws or regulations outside of the EEA+, to maintain the security and integrity of our Services and our systems, to operate and optimize our business, improve our products and/or Services, to develop new services, and manage our relationships with you. In these cases, we rely on our legitimate interests to conduct our business operations. You may object to our processing under this legal basis by emailing us at me@kickoffbycarol.com.

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In some cases, we rely on your consent to process your personal data, including for our newsletter and direct marketing. In these cases, you can withdraw your consent at any time with future effect by emailing us at me@kickoffbycarol.com with a description of what data processing activities of ours you would like to withdraw your consent from.

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Data Transfers

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We are based in the United States. Therefore, pursuant to our contract with you to provide you with our Services, personal information that you provide to us will be processed (including collected, accessed and stored) in jurisdictions outside your country of residence, which may not offer the same level of protection for personal information as your country of residence). No matter where our servers are located we take measures to safeguard your rights in accordance with this Privacy Notice. Where we transfer your information to service providers from a country deemed inadequate for data protection purposes, we use specific standard contractual terms approved by the European Commission, the UK government or the Swiss government, as applicable. If you have any questions or would like more information, you can contact us at me@kickoffbycarol.com.

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Data Subject Rights

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If you are located in the EEA+, you have certain rights in relation to your personal data. Please note that a number of these rights only apply in certain circumstances, and all of these rights may be limited by law. To exercise any of these rights, you can contact us at me@kickoffbycarol.com. In your request, please describe what rights you are exercising and how you would like us to assist.

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• Access: You have the right to access the personal data we hold about you, and to obtain information about how we use it, and with whom we share it with.

• Erasure: You have the right to request that we delete personal data we hold about you.

• Correction: You have the right to correct inaccurate personal data we hold about you.

• Portability: You have the right to receive a copy of the personal data we hold about you and to request that we transfer it to a third party, in certain circumstances and with certain exceptions.

• Restriction of Processing to Storage Only: You may have the right to require us to stop processing the personal data we hold about you, other than for storage purposes, in certain circumstances.

• Objection: You have the right to object to our processing of your personal data in certain circumstances.

• Objection to Marketing: You may object to marketing at any time by using the unsubscribe / opt-out function displayed in our communications to you. Please note that if you opt out, we may still send you transactional or administrative messages, such as emails about your account or that are otherwise required to provide you with the Services.

• Withdrawal of Consent: Where we rely on consent to process your personal information, you have the right to withdraw this consent at any time by contacting us at the email address provided below.

• Complaints: You have the right to complain to your local data protection authority about how we process your personal data. Of course, we hope you will contact us first at me@kickoffbycarol.com so we can resolve any issues.

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8. CALIFORNIA RESIDENTS

California residents under the age of 18 who have registered to use the Services and have posted content or information on the Services can request that such information be removed from the Services. Such request must state that the California resident personally posted such content or information and detail where the content or information is posted. We will make reasonable, good faith efforts to remove the post or content from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished the post, and archived copies of it may be stored by search engines and others that we do not control.

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9. HOW TO CONTACT US

Should you have any questions about our privacy practices or this Privacy Notice, please email us at
me@kickoffbycarol.com.