PRIVACY POLICY – Find the Shift

Find the Shift, LLC and its affiliates (collectively, “FTS”, “we,” “us,” or “our”) operates the Find the Shift (“FTS”) online community through the Mighty Networks app (the “Integrated Integrated Mobile App”), the FTS website, FTS events, and any services, features, platforms or products offered by FTS (the “Services”). By using the Services, you agree to be bound by these Terms. Please read this Privacy Policy (this “Privacy Policy”) carefully. By using the Services, you acknowledge and accept this Privacy Policy (“User”, “you”, “your”).

This Privacy Policy is between you and FTS only. In addition to this Privacy Policy, your use of the Integrated Mobile App is subject to a separate Privacy Policy between you and Mighty Networks.

If you do not consent to the terms of the Privacy Policy, please do not access or use the Services.

Personal Information. Your privacy is important to FTS, and FTS is committed to carefully managing your individually identifiable information (“Personal Information”) in connection with the Services that FTS provides. “Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, a personal profile, an email address or other contact information. This Privacy Policy describes the information practices for FTS, including what type of information is gathered and tracked, how the information is used, and with whom the information is shared. FTS is committed to protecting the privacy of the data you provide in the Service as appropriate, but at the same time encouraging you to interact with and share information about you progress with other users using the Services.

Each User’s participation is also governed by the “Terms & Conditions,” which is entered into and agreed to by each User prior to using the Services. Unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings set forth in our Terms & Conditions. This Privacy Policy also applies to User’s use of interactive features or downloads that: (i) FTS owns or controls; (ii) are available through the Integrated Mobile App; or (iii) interact with the Integrated Mobile App.

Information That FTS Collects

Personal Information. We have implemented this Privacy Policy because your privacy, and the privacy of other Service users, is important to us. We operate in accordance with applicable data protection legislation and regulations. We recognize the importance of protecting the privacy of Personal Information collected about our users. This Privacy Policy discloses what Personal Information we gather, how we use it, and how you can correct or change it. It is our intention to give you as much control over your Personal Information as possible to preserve your privacy, while still allowing us to utilize that Personal Information in the course of our business to provide you a valuable service.

Consent and Modification. By using the Service, you consent to the terms of this Privacy Policy and to our processing of Personal Information for the purposes set forth herein. If you do not agree to this Privacy Policy, please do not use the Service. We reserve the right, at our discretion, to change this Privacy Policy at any time, which change shall become effective upon posting by the Company on the Integrated Mobile App, via the Service or sending you an email or other notification. You will be deemed to have agreed to Additional Terms (as defined in the Terms & Conditions) by your decision to continue accessing the Integrated Mobile App or otherwise using any of the Services following the date in which such Additional Terms become effective.

Receipt and Collection of Information. We collect Personal Information from users. In each case, you will only be required to provide the Personal Information that we need in order to be able to provide the services you have requested. You may be entitled under data protection laws to access and review the Personal Information that we hold on you, if you provide the necessary consent and background information. All such communications regarding access to your personal data should be addressed to: info@findtheshift.com. Such inquiries should clearly be marked as data protection queries and as being time sensitive.

In particular, we receive and/or collect Personal Information from you in the following ways: FTS may collect and process Personal Information when User registers for or uses the Services and/or uses the Integrated Mobile App, interacts with the Integrated Mobile App, use any aspects of our Services or otherwise contacts FTS. FTS may collect and process certain Personal Information from User such as the User’s name, telephone number, e-mail address, mailing address, telephone number, user name, and password. FTS uses the Users’ Personal Information that FTS collects for the following general purposes: to fulfill User’s request for use of certain features of the Integrated Mobile App, to conduct surveys, and for FTS’s billing purposes. FTS may also collect and process Personal Information relating to User’s use of FTS’s Services and any details of any e-mail correspondence or any other social media interactions that User has with FTS. FTS will collect only as much Personal Information as FTS needs for the purposes specified in this Privacy Policy, for purposes specified at the time of collection of the Personal Information, or for other purposes that you consent to in the future.

FTS may provide User the option, at User’s sole election, to upload a profile image that is viewable by other participants of the Services, but this is not mandatory. User may delete User’s profile picture at any time by logging into the Integrated Mobile App and visiting the profile settings page.

Personal Health Information. FTS is not a covered entity under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and is not subject to the HIPAA regulations.

Demographic & Non-Identifying Information. FTS may collect and process demographic information from or about User at the Integrated Mobile App from time to time, such as information about User’s gender, age, country, and zip code (“Demographic Information”). FTS may collect this information through various forms and in various places on the Integrated Mobile App, including account registration forms, contact forms, or when User otherwise interacts with the Integrated Mobile App. To the extent that FTS combines any non-personally identifiable Demographic Information with User’s Personal Information that FTS collects directly from User on the Integrated Mobile App, FTS will treat the combined data as Personal Information under this Privacy Policy.

Information FTS Collects or Stores as User Accesses and Uses the Integrated Mobile App and Service

In addition to any Personal Information or other information that User choose to submit to FTS via FTS’s Integrated Mobile App, FTS and FTS’s third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever User visits or interacts with the Integrated Mobile App (“Usage Information”). This Usage Information may be stored or accessed using various technologies that may be downloaded to User’s personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever User visits or interacts with the Integrated Mobile App. To the extent FTS associates Usage Information with User’s Personal Information FTS collects directly from User on the Integrated Mobile App, FTS will treat it as Personal Information.

This Usage Information may include:

• User’s IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to User’s Device used to access the Integrated Mobile App, and FTS’s computers identify User’s Device by its Device Identifier;

• User’s Device functionality (including browser, operating system, hardware, mobile network information);

• User’s subscription level;

• the areas within the Integrated Mobile App that User visits and User’s activities there, including remembering User, User’s preferences and pages User requested and/or viewed;

• User’s Device location;

• User’s Device characteristics; and

• certain other Device data, including the time of day, among other information.

FTS may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on User’s Device. The Tracking Technologies that may be used are the following (and subsequent technology and methods later developed which perform a similar function):

Embedded Scripts. An embedded script is programming code that is designed to collect information about User’s interactions with the Integrated Mobile App and Services, such as the links User clicks on. The code is temporarily downloaded onto User’s Device from FTS’s web server and/or Integrated Mobile App or a third party service provider, is active only while User is connected to the Integrated Mobile App, and is deactivated or deleted thereafter.

ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.

FTS may use Tracking Technologies for a variety of purposes, including:

Strictly Necessary. FTS may use cookies or other Tracking Technologies that FTS considers is strictly necessary to allow User to use and access the Integrated Mobile App and Services, including cookies required for system administration, to prevent fraudulent activity, or to improve.

Performance Related. FTS may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Integrated Mobile App and Services, including as part of FTS’s analytic practices or otherwise to improve the content, products or services offered through the Integrated Mobile App and Services.

FTS obtains User’s consent to FTS’s information storage or collection Tracking Technologies by providing User with transparent information in FTS’s Privacy Policy and providing User with the opportunity to make a choice to disable cookies as set forth above. Please note that FTS is not required to obtain User’s consent to the information collection Tracking Technologies identified above that is strictly necessary. User has the right to object to other use of information storage or collection technologies.

Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., browser do not track signals). Currently, FTS does not monitor or take any action with respect to these signals or other mechanisms.

Information Third Parties Provide About User

FTS may, from time to time, supplement the information FTS collects directly from User at the Integrated Mobile App and through Services with outside records from third parties for various purposes, including to enhance FTS’s ability to serve User, to tailor FTS’s content to User and to offer User opportunities that may be of interest to User. To the extent FTS combines any non-personally identifiable information FTS receives from those sources with User’s Personal Information FTS collect on the Integrated Mobile App and Services, it will be treated as Personal Information and FTS will apply this Privacy Policy to such combined information, unless FTS has disclosed otherwise.

Interactions with Third-Party Websites

The Integrated Mobile App and Services may include functionality that allows certain kinds of interactions between the Integrated Mobile App and Services and User’s account on a third-party web site or application. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to FTS. For example, when User registers with the Integrated Mobile App, User may have an option to use User’s Facebook, Google or other account provided by a third-party site or application to facilitate the registration and log-in or transaction process on the Integrated Mobile App and Services or otherwise link accounts. If FTS offers and User chooses to use this functionality to access FTS’s Integrated Mobile App and Services, the third-party site or application may send Personal Information about User to the Integrated Mobile App. If so, FTS will then treat it as Personal Information under this Privacy Policy, since FTS is collecting it as a result of User’s accessing of and interaction on FTS’s Integrated Mobile App and Services. In addition, FTS may provide third-party sites’ interfaces or links on the Integrated Mobile App and Services to facilitate User’s sending a communication from the Integrated Mobile App and Services. For example, FTS may use third parties to facilitate emails, text messages, blog postings, tweets or Facebook postings. These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to FTS’s Privacy Policy. FTS may not control or have access to User’s communications through these third parties. Further, when User use third-party sites or services, User is using their services and not FTS’s services and they, not FTS, are responsible for their practices.

How FTS Uses the Personal Information

Except as set forth in this Privacy Policy or as specifically agreed to by User, FTS will not disclose any information FTS gathers from User on FTS’s Integrated Mobile App and Services to third parties. Except as set forth in this Privacy Policy, FTS does not share User’s Personal Information with third parties for those third parties’ direct marketing purposes. FTS may provide to third parties information about User that does not allow User to be identified or contacted, including where such information is combined with similar information of other users of FTS’s Integrated Mobile App and Services. For example, FTS might inform third parties regarding the number of unique users who visit and/or use FTS’s Services, the demographic breakdown of the registered users of FTS’s Services, or the activities that users engage in while on the Integrated Mobile App.

FTS may use User’s information that FTS collects about User:

• to contact User occasionally to inform User of new Services features, or news or articles FTS thinks will be of interest to User. FTS may send User regular updates on issues FTS thinks will be of interest to User;

• to contact User with regard to User’s use of the Services and, in FTS’s discretion, changes to the Services and/or the service policies;

• for internal business purposes;

• for purposes disclosed at the time User provide User’s information or as otherwise set forth in this Privacy Policy;

• to provide User with information or services or process transactions that User has requested or agreed to receive including to send User electronic newsletters;

• to provide User with marketing materials or relevant advertising, promotions and recommendations from FTS or our business partners;

• to enable User to participate in a variety of the Service features;

• to process User’s account registration, including verifying User’s information is active and valid;

• to identify User as the author of any comments that User sends to FTS to be posted on the Integrated Mobile App;

• to ensure that content on the Integrated Mobile App is presented in the most effective manner for User and for User’s computer or mobile device;

• to provide User with information relating to any events held by FTS, where User has consented to be contacted for such purposes; and

• to provide User with access to User’s personal account.

User can always opt out of utilizing the Service, and accordingly opt out of FTS’s use of User’s Personal Information, by sending an email to: info@findtheshift.com

How and When Does FTS Disclose Information to Third Parties?

FTS may share User’s Personal Information, including performance measurement information associated with User’s name that is collected or generated at the Integrated Mobile App or through the Services.

Personal Information may occasionally be transferred to third parties who act for FTS for further processing in accordance with the purposes for which the data was originally collected or for purposes to which User has subsequently consented. For example, sometimes a third party may have access to User’s Personal Information in order to support FTS’s information technology or to handle mailings on FTS’s behalf. If FTS transfers User’s Personal Information to an outside agent or organization for such purpose, FTS will take appropriate measures in an effort to protect User’s privacy and the Personal Information FTS transfer.

FTS may share your Personal Information with various business partners. Some of these business partners may use your personal information to facilitate the offering of services or products that may be of interest to you. We may also share your Personal Information as otherwise described to you at the time of collection.

FTS may, in FTS’s sole discretion, share or transfer Personal Information where permitted or required by law, to comply with legal process, to interact with anti-fraud databases, to protect User’s vital interests, to protect the security or integrity of FTS’s databases or the  Integrated Mobile App, to enforce the Terms & Conditions or protect the business or reputation of FTS and/or its Business Customers, to take precautions against legal liability, to protect and defend the rights or property of FTS and/or its Business Customers, for required institutional risk control, or for resolving disputes, inquiries or complaints with respect to User’s use of the Integrated Mobile App and Services.

FTS reserves the right to disclose and transfer all Personal Information: (i) to an operator of the Integrated Mobile App or applicable database provided such entity agrees to be bound by the terms and conditions hereof to the extent applicable; or (ii) to a successor in interest of FTS in connection with a merger, consolidation, restructuring, change of control, the sale of substantially all of FTS’s interests and/or assets or other organizational change, including, during the course of any due diligence process, provided such successor entity agrees to be bound by the terms and conditions hereof.

What About Information User Disclose Publicly or to Others?

User-Generated Content and Public Information. “User Content” is any content, materials or information (including without limitation, any text, information, graphics, messages, photos, images, nutritional information contributed to the Food Database and works of authorship kind), data, questions, comments, suggestions or other content, including personally identifiable information that you upload, send, email, display, perform, distribute, post or otherwise transmit to us, at our request or on your own, on, or through the Services (such as message boards, recipe logging), whether in connection with your use of the Services or through the use of any Third Party Websites or Third Party Services or otherwise, and whether publicly posted or privately transmitted.

FTS or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to User. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information User shares, including Personal Information, in connection with User’s User Content. Be aware that public postings (including group messaging with other Users) are not confidential. Please note that the FTS does not control who will have access to the information that User chooses to make public, and cannot ensure that parties who have access to such publicly available information will respect User’s privacy or keep it secure. FTS is not responsible for the privacy or security of any information that User makes publicly available on the Integrated Mobile App or what others do with information User shares with them on the Integrated Mobile App. FTS is not responsible for the accuracy, use or misuse of any User Content that User discloses or receives from third parties through the Service.

Use of Anonymous Information. We may use Anonymous Information (as defined below), or disclose it to third party service providers, to provide and improve the Service. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners, for purposes including, but not limited to, targeting advertisements. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about use of the Service.

Opting Out. You may choose not to receive future promotional, advertising, or other Service-related notifications from us by changing the notification settings on your device. If you choose not to receive notifications, you may still use the Service but you may not receive, or may be unable to use, certain services that involve our interaction with you.

Choice. At all times, you may choose whether or not to provide or disclose Personal Information. The notices that we provide on the Service in circumstances where we collect Personal Information should help you to make this choice. If you choose not to provide the Personal Information we request, you may still use the Service, but you may be unable to access certain programs and services that involve our interaction with you.

Access/Accuracy. To the extent that you do provide us with Personal Information, we wish to maintain accurate Personal Information. If you would like to delete or correct any other of your Personal Information that we may be storing, you may submit a request to us by sending an email to: info@findtheshift.com. Your email should include adequate details of your request.

Collection of Information by Third-Party Websites. We may use a reputable third party to present or serve advertisements that you may see on the Service. These third party ad servers may use cookies, web beacons, clear gifs or similar technologies to help present such advertisements, and to help measure and research the advertisements’ effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy.

Links to Other Websites. The Service may contain links to third party websites that are not owned or controlled by us. We are not responsible for the privacy practices or the content of such other third party websites, and you visit them at your own risk.

Children’s Privacy. The Service is neither directed to nor structured to attract children under the age of 13 years. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years of age. We will direct potential users under 13 years of age not to use the Service. If we learn that Personal Information of persons less than 13 years of age has been collected without verifiable parental consent, then we will take the appropriate steps to delete this information. To make such a request, or if there are any questions or concerns about the Privacy Policy for the Service or its implementation, please contact us at: info@findtheshift.com.

Security. The security of your Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security, you can contact us at: info@findtheshift.

Please be aware that certain Personal Information and other information provided by you in connection with your use of the App may be stored on your device (even if we do not collect that information). You are solely responsible for maintaining the security of your device from unauthorized access.

Merger, Sale or Bankruptcy. If we are acquired by or merged with a third party entity, or if we are subject to a bankruptcy or any comparable event, we reserve the right to transfer or assign Personal Information in connection therewith.

Notice to California Residents

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit: /terms-and-conditions-of-use/CCPA-notice-for-California-residents/

California Online Privacy Protection Act Notice

On September 27, 2013, California enacted A.B. 370, amending the California Online Privacy Protection Act to require operators like us to disclose how we respond to “Do Not Track Signals”; and whether third parties collect personally identifiable information about users when they visit us.

(1) We do not track users, who do not interact with its sharing functionality across the web, and therefore do not use “do not track” signals.

(2) We do not authorize the collection of personally identifiable information from our users for third party use through advertising technologies without separate member consent.

California Civil Code Section 1798.83 also permits our customers who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to: info@findtheshift.com. Please note that we are only required to respond to one request per customer each year.

Personal Information Access and Corrections

Upon receipt of User’s written request and upon FTS’s receipt of enough information to permit FTS to identify User’s Personal Information, FTS will disclose to User the Personal Information FTS holds about User. FTS will also correct, amend or delete any Personal Information that is inaccurate and notify any third party recipients of the necessary changes. User may update any information User has given to FTS by sending an email to: info@findtheshift.com. Requests to delete Personal Information are subject to any applicable legal and ethical reporting or document retention obligations imposed on FTS.

How can I get more information about the Privacy Policy?

If User has questions or concerns about the Privacy Policy, User can contact FTS at: info@findtheshift.com

Updates/Modifications

FTS reserves the right to amend this Privacy Policy at any time as needed with notice provided to User. Changes will take effect upon User’s acceptance of the modified terms and User’s continued use of the Integrated Mobile App and/or Services.