Privacy Policy

This Privacy Policy describes the policies and procedures of 5 Star Nutrition, LLC, d/b/a Defyned Brands (“Defyned,” “We,” “Us” or “Our”) on the collection, use and disclosure of Your information when You use this website or online platform and related services, including Your use of in-store body composition analyzers (collectively, the “Service”) and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By accessing or using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and definitions

For the purposes of this Privacy Policy: (a) the words “such as,” “include,” “includes” and “including” will be deemed to be followed by the words “without limitation”; and (b) any capitalized term not otherwise defined herein will have the meaning ascribed to it below.

• “Account” means a unique account created for You to access the Service or parts of the Service.
• “Business,” for purposes of the CCPA, refers to Defyned (to the extent it does business in California) as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone or jointly with others determines the purposes and means of the processing of consumers’ personal information.
• “CCPA” means the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 et seq., and regulations promulgated thereunder, as may be amended, supplemented or replaced.
• “Consumer,” for purposes of the CCPA, means a natural person who is a California resident.
• “Cookies” means small files placed on Your Device by a website or app that contain information about you or the details of Your browsing history.
• “Device” means any device that can access or use the Service, such as a computer, cellphone, tablet or internet-connected device (such as in-store body composition analyzers).
• “Personal Data” means any information that relates to an identified or identifiable individual which, for purposes of the CCPA, means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
• “Sale,” for purposes of the CCPA, means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information to another business or a third party for monetary or other valuable consideration.
• “Service Provider” means any natural or legal person who processes data on behalf of Defyned and includes third-party entities engaged by Defyned to facilitate the Service, to provide the Service on behalf of Defyned, to perform services related to the Service, or to assist Defyned in analyzing how the Service is used.
• ”Usage Data” means data collected automatically, either generated by access to or use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• “You” means the individual accessing or using the Service or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and using your personal data

Types of Data Collected

Personal Data

When you access or use the Service, We may ask You to provide certain information that can be used to contact or identify You. Such information may include:

• Email address
• First name and last name
• Phone number
• Address (number, street, state, province, ZIP/postal code, city, country)
• BMI, age, sex, height, weight
• Usage Data

Usage Data

We collect Usage Data automatically when You access or use the Service.

Usage Data may include information such as Your Device’s internet protocol address (IP address), browser type, browser version, the pages of the Service that You visit, the time and date of Your visit, the time spent on those pages, unique Device identifiers and other diagnostic data.

When You access the Service by or through a mobile Device, We may collect certain information automatically, including the type of mobile Device You use, Your mobile Device unique ID, the IP address of Your mobile Device, Your mobile operating system, the type of mobile internet browser You use, unique Device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit the Service or when You access or use the Service by or through a mobile Device.

Tracking Technologies and Cookies

We our Service Providers may use Cookies and similar tracking technologies to track activity on the Service and store certain information. Tracking technologies include beacons, tags, and scripts to collect and track information and to improve and analyze the Service. Such technologies We may use include:

• Cookies or Browser Cookies. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of the Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, the Service may use Cookies.
• Web Beacons. Certain sections of the Service and Our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Defyned or Service Providers to count users who have visited those pages or opened an email and measure related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity), among other activities.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your Device when You go offline, while Session Cookies are deleted when You close Your web browser.

We use both Persistent Cookies and Session Cookies for the purposes set forth below:

• Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Service and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

• Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies within the Service.

Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Service, such as remembering your login details or language preference. These Cookies provide You with a more personal experience and help avoid having You re-enter your preferences every time You use the Service.

• Tracking and Performance Cookies

Type: Persistent Cookies

Administered by: Third-Parties

Purpose: These Cookies are used to track information about traffic to the Service and how users use the Service. The information gathered via these Cookies may directly or indirectly identify You as an individual visitor because the information is typically linked to a pseudonymous identifier associated with the Device You use to access or use the Service. We may also use these Cookies to test new pages, features or new functionality of the Service to see how users react to them.

Information from In-Store Body Composition Analyzers

If you use Our in-store body composition analyzers, you will be required to provide certain personal information to the third-party suppliers of such analyzers. The third-party suppliers’ collection, use, storage, disclosure and processing of data are subject to their applicable terms of use and privacy policy. You will also be required to provide certain personal information to Use in connection with your use of the analyzers. Our collection, use, storage, disclosure and processing of data are subject to Our Terms of Use and this Privacy Policy. We may associate or combine information we obtain in connection with Your use of in-store body composition analyzers (including from the suppliers of such analyzers) with other information about you and use the combined information in the manner set forth in this Privacy Policy.

Use of Your Personal Data

Defyned may use Personal Data for the following purposes:

• To provide and maintain the Service, including to monitor the usage of the Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications relating to the functionalities, products or contracted services, including security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events that We offer, unless You have opted not to receive such information.
• Advertising and promotion: to deliver targeted advertisements, promotional messages, notices and other information related to the Service and your interests.
• Customization: to offer you customized content and other personalization to make the Service more relevant to your interests and geography.
• To manage Your requests: To attend to and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about Service users is among the assets transferred.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve the Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze access to and use of the Service, for payment processing, and to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Our assets, financing, or acquisition of all or a portion of Our business with, by or to another business entity.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any subsidiaries, joint venture partners or other business entities that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information publicly within the Service or otherwise interact in the public areas of the Service with other users, such information may be viewed by all users and may be publicly distributed.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

Defyned will retain Your Personal Data only for as long as is necessary for the purposes set forth in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Defyned will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of the Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at Defyned’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to and maintained on computers located outside Your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

Defyned will take reasonable steps to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place with respect to the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If Defyned is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, Defyned may disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

Defyned may disclose Your Personal Data in the good faith belief that such action is necessary to:

Comply with a legal obligation

Protect and defend the rights or property of Defyned

Prevent or investigate possible wrongdoing in connection with the Service

Protect the personal safety of users of the Service or the public

Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the internet, or method of storage (electronic or otherwise) is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Detailed information on the processing of your personal data

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on the Service in accordance with their Privacy Policies.

Analytics

We may use Service Providers to monitor and analyze access to and use of the Service. Such Service Providers may include the following:

• Google Analytics

Google Analytics is an analytics service offered by Google that tracks and reports internet traffic. Google uses the data collected to track and monitor access to and use of the Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its advertising network.

You can opt out from making your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page at https://policies.google.com/privacy.

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt out of receiving any or all of these types of emails from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us. Note, however, that while you may opt out from receiving marketing emails from Us, we may continue to send You emails relating to your business relationship with Us.

Payments

We may provide paid products or services for purchase within the Service. In that case, we may use Service Providers for payment processing (e.g., payment processors).

We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their privacy policy. These payment processors 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 payment information.

• Square

Square’s Privacy Policy can be viewed at https://squareup.com/us/en/legal/general/privacy

• Adyen

Adyen’s Privacy Policy can be viewed at https://www.adyen.com/policies-and-disclaimer/privacy-policy

• Authorize.net

Authorize.net’s Privacy Policy can be viewed at https://usa.visa.com/legal/privacy-policy.html

Your California privacy rights

Pursuant to the CCPA, We are providing the CCPA notice at https://5starnutritionusa.com/pages/your-california-privacy-rights, which supplements Our Privacy Policy and applies solely to Consumers.

Children's privacy

The Service does not target and is not directed to anyone under the age of 13. We do not knowingly collect personal information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Links to other websites

The Service may contain links to other websites that are not operated by Us. If You click on a third-party link, You will be directed to that third party’s site. We strongly advise You to review the privacy policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Changes to this privacy policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on the Service prior to the change becoming effective and update the “Revised” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact us

If you have any questions about this Privacy Policy, please make any state privacy data requests to info@defynedbrands.com