Falk Mind Strength Coaching, LLC (“Company,” “us,” “our” or “we”) is committed to protecting your privacy. “You/your/user(s)” means you as a user of our Website(s), other Company software, services, websites, mobile or desktop applications, or content (collectively, the “Online Services”), as well as to information collected offline in connection with the same (collectively, the “Services”) including any information, tools, and services available from the Services. Our privacy policy, which applies to all users of our Services, is designed to explain the information we collect and how we use it to provide our Services and give users a better experience (“Privacy Policy”). Capitalized terms not defined in this Privacy Policy have the meanings given in our Terms and Conditions for Use of Online Services and if you are a registered user/subscriber, the Coaching Services Agreement (collectively, our “Terms”). This Privacy Policy is part of, and incorporated by reference into, the Terms.
This Privacy Policy describes the Personal Information (as defined below) we collect about you through the Online Services and Services, why we collect it, how we use it, and when we share it with third parties. This Privacy Policy also describes the choices you can make about how we collect and use certain of that information. The Personal Information provided by you is not used for any purpose other than as described in this Privacy Policy.
Our Online Services are hosted and operated through third-party platforms including Kajabi (for Website functionality) and Stripe (for payment processing). These providers may collect, use, or store information according to their own privacy practices, which we do not control. We encourage you to review Kajabi’s Privacy Notice and Stripe’s Privacy Policy for details about how they handle your data.
By accessing and using the Services you are agreeing to our collection, storage, use and disclosure of your Personal Information and other information as described in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not provide any Personal Information to us. If you choose not to provide any Personal Information that is necessary for us to provide you with specific products or services, we may not be able to provide those products or services to you.
We may correlate this information with other Personal Information we have about you. We collect e-mail lists and information related to marketing services. When you use the Website, you may be given the option to subscribe to our subscription or e-mail list. Whether or not you select this option, your Personal Information may be shared with third parties consistent with this Privacy Policy. You may opt-out or unsubscribe from these e-mail lists.
We will not rent, sell, or share your Personal Information with third parties except as described herein. If you do not want us to use or disclose Personal Information collected about you in the ways identified in this Privacy Policy, you may choose not to use the Online Services or provide your Personal Information at any time. If you choose not to provide any Personal Information that is necessary for us to accept you into our programs or to provide you with specific products or services, we may not be able to provide those programs, products, or services to you.
We may disclose your Personal Information to outside individuals and/or companies that help us bring you the services and products we offer and to create, operate, and maintain our Online Services. For example, we may work with third-parties to: (a) manage a database of customer information; (b) assist in the calculation of sales tax; (c) as necessary to comply with applicable laws (e.g., Americans with Disabilities Act and applicable data privacy and security laws and regulations), (d) assist us in distributing e-mails; (e) assist with direct marketing (including without limitation SMS marketing) and data collection; (f) assist with sales and returns, (g) process payments, (h) provide data storage and analysis; (i) provide fraud prevention; (j) provide customer service; and (k) provide other services designed to assist us in developing and running our Online Services and/or Services and maximizing our business potential. We require that these outside companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us.
We may disclose information we have collected about you if required to do so by law or if we, in our sole discretion, believe that disclosure is reasonable to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this Privacy Policy and our Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.
Information we collect from our users, including Personal Information, may be shared or transferred (subject to standard confidentiality arrangements) with or to outside individuals and/or companies in connection with the operation of our business (e.g., with lenders, appraisers, investors, advisers, consultants, etc.) and/or in connection with a business transaction, such as an acquisition, sale, merger, asset sale, bankruptcy, dissolution, reorganization, sale of some or all of the Company’s assets or stock, financing, or other business transaction of the Company.
We may share all or some of your Personal Information with any of our subsidiaries, investors, joint venturers, or other companies under common control, in which case we will require them to honor this Privacy Policy. Additionally, in the event we undergo a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any entity that acquires us, is merged with us or that acquires our assets may continue to process your Personal Information as set forth in this Privacy Policy.
We use Aggregated Information to maintain and administer the Online Services, analyze trends, gather demographic information, and comply with applicable law. We may share Aggregated Information with third-parties. We may share this information with others without express notice to you or consent from you, and we may, subject to applicable laws, exploit, use and disclose Aggregated Information without limitation of any kind. We authorize certain service providers to utilize Aggregated Information for their business purposes and in accordance with their privacy policies, such as to report on usage or industry trends to their customer base.
The Website may use Cookies. Cookies help us remember you when you return to the Website. Cookies also hold information to personalize and enhance your experience and to gather Website statistical data, such as which pages are visited, the Internet provider's domain name and the addresses of the sites you visited immediately before coming to and immediately after leaving the Website. The information in the cookies lets us trace your "clickstream" activity (i.e., the paths taken by users of the Website as they move from page to page) to enable us to better serve you by revealing which portions of the Website are the most popular. We may also allow our affiliates and service providers and advertisers to serve cookies from the Website to allow them to assist us in various activities such as doing analysis and research on the effectiveness of the Website, its content and advertising. Some third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offer a single location to opt out of ad targeting from member companies. For more information, see: www.networkadvertising.org. These technologies may be used to share certain identifiers (such as email addresses or device information) with third-party advertising platforms to deliver personalized ads to you across different websites and services.
We may also use Pixel Tags, which help us analyze users’ online behavior and measure the effectiveness of the Website and our advertising and marketing. Pixel tags or Clear gif files are tiny graphics with a unique label that work in a similar way to cookies and are used to monitor the user’s online activities. In contrast to cookies that are saved on a user’s computer hard disk, clear gif files are embedded invisibly in websites and are about as big as the full stop at the end of this sentence. Where appropriate, we may combine the information collected by such pixel tags with the Personal Information of our customers. We may also use other analytical tools to evaluate site performance through the use of aggregated data, which contain no Personal Information. We work with service providers that help us track, collect, and analyze this information.
Cookies, pixel tags, and/or other analytical tools that we may use on the Website may collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Website. This information may include your computer's Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the Website you visited immediately before coming to the Website. Cookies, pixel tags, and/or other analytical tools in our e-mails may also be used to track your interactions with those messages, such as when you receive, open, or click a link in an e-mail message from us.
We may combine the information collected through cookies, pixel tags, and other analytical tools with other information we may have collected from you. This information may be used to improve the Online Services, to personalize your online experience, to help us deliver information to you, to determine the effectiveness of advertising, and for other internal business purposes. We may use and share aggregated and anonymous information to conduct market research and analysis for ourselves and/or for our business partners. For example, we may freely share such information with third parties who may use such data for their own marketing, advertising, research, or other business purposes. We may also freely share such information with our service providers in order for them to perform services to or for us.
The Online Services may contain links to and/or enables certain third-party functionalities to enhance your experience on the Online Services, including social plug-ins, tools, and APIs. Prior to using any third-party functionalities (e.g., Meta “Like” button) on the Online Services, you should consult the privacy notices of the third-party providers of such functionalities (e.g., Meta) as when you interact with features provided by third parties, your Personal Information may be subject to the privacy policies and practices of those third parties. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their policies and practices in respect of their own processing of your Personal Information. Your communications and interactions with such third parties in respect of their own processing of your Personal Information are solely between you and them and are at your own risk.
We will retain each category of your Personal Information for as long as is reasonably necessary to fulfill the purposes set out in this Privacy Policy, including to satisfy legal, accounting, or reporting requirements, unless a longer period is required under applicable law. Identifiers and commercial information are generally retained for the duration of a customer’s account. Internet activity data collected via Google Analytics is retained for 14 months by default. Inferred preferences may be retained indefinitely unless you request deletion. Payment details are collected and processed securely by Kajabi Payments and Stripe. We do not have access to, store, or retain your full payment card information. For details on how your payment information is handled, please refer to the privacy policies of Kajabi and Stripe.
Where we are processing Personal Information based on our legitimate interests, we generally will retain the data for a reasonable period of time based on the particular interest, taking into account the fundamental interests and the rights and freedoms of the data subjects.
Where we are processing Personal Information as set out in this policy, we generally will retain the information for the period of time necessary to carry out the processing activities to which you consented, subject to your right, under certain circumstances, to have certain of your Personal Information erased (see Sections 9 and 10).
Where we are processing Personal Information based on contract, we generally will retain the information for the duration of the contract plus some additional limited period of time that is necessary to comply with law or that represents the statute of limitations for legal claims that could arise from the contractual relationship.
Unsubscribe. You may opt out of: (a) receiving e-mail communications such as e-mail newsletters and promotional e-mails by following the instructions provided at the bottom of each e-mail, clicking the “unsubscribe” button at the bottom of e-mails we sent you; and/or (b) receiving promotional e-mail communications and newsletters by e-mailing us at luke@coachlukefalk.com and including the word “UNSUBSCRIBE” in the subject text. Opting out of receiving communications will not affect your receipt of service-related, and administrative communications, such as payment confirmations, delivery status updates, updates to our Terms and this Privacy Policy as we must be able to communicate with you regarding your purchases. If you do not receive a response from us to any e-mails you send to us within ten (10) business days, please send us another e-mail as your original e-mail may not have been received.
Third-Party Opt-Outs. As previously disclosed, we use certain third-party services, such as Google Analytics to track and analyze online behavior of our users, including for the purpose of online behavioral advertising. Please see the below information regarding the privacy policies and available opt-out options for these parties:
Global Privacy Control. You may use Global Privacy Control to notify us and others of your privacy preferences, such as not to share or sell personal information without your consent. See, https://globalprivacycontrol.org/.
Google. Our products and services may use Google Analytics and its associated tracking technologies to help display and retarget our ads you see on other sites, and to help us manage and optimize our online advertising efforts. To opt out, visit Google’s Ad Settings page, https://adssettings.google.com/authenticated. Website users can also access the Google Analytics Opt Out Browser Add-on, currently located at https://tools.google.com/dlpage/gaoptout.
Meta. For more information about Meta’s privacy practices, visit https://www.facebook.com/about/privacy, and to opt-out you can visit https://www.facebook.com/help/568137493302217.
Apple. For Apple’s privacy policy, click here http://www.apple.com/privacy/privacy-policy/ and learn how to control what you share and opt-out of sharing here https://www.apple.com/privacy/control/.
Ad Industry Opt-Outs. You can opt out of Internet-based and mobile advertising on your mobile device by visiting TRUSTe’s Ad Preference Manager, currently available at https://preferences-mgr.truste.com/.
You may opt out of receiving online behavioral or internet based advertising by using the tools located at the Digital Advertising Alliance’s consumer choice page, currently available at http://www.aboutads.info/choices/ or the Network Advertising Initiative (NAI) opt out tool currently available at http://www.networkadvertising.org/choices/.
When using the ad industry opt out tools, note that: (a) if you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention), but it will not be used by us for the purpose of targeting ads to you; (b) if you use multiple browsers or devices you may need to execute this opt out on each browser or device; and (c) other ad companies’ opt-outs may function differently than our opt-out, and we have no control over the practices of any third parties. We do not make any representations or warranties about such opt-out services. Such services are independent from us, and we have no control over, or responsibility for their performance.
Cookies. You can opt out of accepting cookies or disable them from your browser. The “Help” function on most browsers contains information on how you can set your browser to notify you before accepting cookies or can disable them entirely. If you opt out of cookies, you will not be able to take advantage of various features of the Website that are available to other users. For example, we may use cookies to recognize you by name when you return to this Website so you don’t have to login again and provide your password each time.
BASIS FOR CONTINUED USE OF YOUR PERSONAL INFORMATION. Please note that, in certain cases, we may continue to process your Personal Information after you have withdrawn consent and requested that we delete your Personal Information, if we have a legal basis to do so. For example, we may retain certain data if we need to do so to comply with an independent legal obligation, if we still need the data for the lawful purposes for which we obtained the data, or if it is necessary to do so to pursue our legitimate interest in keeping our services and operations safe and secure. Furthermore, if we have already disclosed your Personal Information to third-parties pursuant to the terms of this Privacy Policy, we cannot access that Personal Information any longer and cannot compel the deletion or modification of any such information by the parties to whom we have made those disclosures.
Shine the Light. Pursuant to California Civil Code Section 1798.83, also known as the "Shine The Light" law, California residents have the right to request in writing from businesses with whom they have an established business relationship: (i) a list of the categories of Personal Information, such as name, address, e-mail address, and the type of services provided to that individual, that a business has disclosed to third-parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (ii) the names and addresses of all such third-parties. We do not share Personal Information with third-parties for those parties’ direct marketing. To request the above information, California residents can e-mail us at contact us via e-mail at lukefalkcoaching@gmail.com or write to us at Falk Mind Strength Coaching, LLC., Attn: P.O. Box, 75 W 200 N Unit #64 Logan, UT 84323. Please note that, under California law, a business is only required to respond to such a request twice in any calendar year.
Access To Specific Information and Data Portability Rights. You have the right, subject to certain exceptions defined in the California Consumer Privacy Act, Cal. Civ. Code §1798.100 et. seq. (“CCPA”), and other applicable laws and regulations, to request that companies disclose certain information to you about their collection and use of your personal information over the past 12 months. This right to know includes information about:
the categories of personal information we collected about you;
the categories of sources for the personal information we collected about you;
our business or commercial purpose for collecting that personal information;
the categories of third parties with whom we share that personal information;
the categories of personal information that each recipient received; and
the specific pieces of personal information we collected about you.
Deletion Request Rights. You have the right, subject to certain exceptions defined in the CCPA and other applicable laws and regulations, to request that a company delete any of your personal information that it has collected from you and retained, subject to certain exceptions.
Exercising Access, Data Portability, And Deletion Rights. To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by e-mailing us at luke@coachlukefalk.com.
As with California residents, residents of Colorado, Connecticut, Florida, Montana, Oregon, Utah, and Virginia may have certain rights under their respective state privacy laws. These may include:
To exercise these rights, please email us at lukefalkcoaching@gmail.com. You may also authorize an agent to submit a request on your behalf. We will take reasonable steps to verify your identity before processing your request. If we deny your request, you have the right to appeal our decision. You may do so by contacting us at lukefalkcoaching@gmail.com with the subject line “Appeal of Privacy Rights Request.”
Notice to Nevada Users. Nevada law allows Nevada consumers to “opt out” of the sale of their personal data (referred to as “covered information” under the Nevada law) to third parties. “Covered information” includes your name, address, social security number, and online service activity. A “sale” is defined as the exchange of covered information for monetary consideration by the website operator to a person for that person to then license or sell the covered information to additional persons. We do not sell this information to third parties, so no opt-out is required. If you are a Nevada consumer and wish to request additional information, please e-mail us at lukefalkcoaching@gmail.com or write to us at Falk Mind Strength Coaching, LLC, Attn: P.O. Box, 75 W 200 N Unit #64 Logan, UT 84323.
Neither our Website nor our Services are directed to or intended for children under 13 years of age. We do not knowingly solicit, collect, or maintain information from those we actually know are under 13, and no part of our Website is targeted to attract anyone under 13. We also do not send e-mail correspondence to anyone who advises that they are under the age of 13. If we later obtain actual knowledge that a User is under 13 years of age we will take steps to remove that User’s Personal Information from our systems. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us, please contact us via e-mail at lukefalkcoaching@gmail.com or write to us at Falk Mind Strength Coaching, LLC, Attn: P.O. Box, 75 W 200 N Unit #64 Logan, UT 84323 so that we may delete and remove such information from our system.
We strive to keep your Personal Information private and safe. We take commercially reasonable physical, technical, and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Website, any transmission of Personal Information by you is at your own risk. We cannot guarantee that such information will not be intercepted by third-parties and we shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism, and we are not responsible for circumvention of any privacy settings or security measures contained on the Website.
While visiting the Website, you may link to websites operated by third parties or you may have come to the Website using a link found in another website. We do not make any representations or warranties about any third-party website, we have no control over them or the information, services, products they provide or the manner or methods they employ to collect, store, access, or otherwise use your Personal Information. If you provide Personal Information at one of those websites, you are subject to the privacy policy of the operator of that website, not our Privacy Policy. Please make sure you understand any other website's privacy policy before providing Personal Information.
We reserve the right to change, modify, add, or remove portions of this Privacy Policy at any time and without prior notice, and any changes will become effective immediately upon being posted. However, we will not use your Personal Information in a way that is adverse and materially different from the uses described in this Privacy Policy without giving you an opportunity to opt out. The “Last Modified” date indicates if and as of when changes have been made to this Privacy Policy. Your continued use of the Website after this Privacy Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Privacy Policy, as amended.
It is important to note that the Online Services and its servers are operated in the United States. If you are located outside of the U.S., please be aware that any information provided to or collected by us, including personal information, will be transferred from your country of origin to the U.S. If you access the Services from outside the U.S., you consent to the transfer and processing of your information in the United States. We take appropriate safeguards for cross-border data transfers as required by applicable law.
If you have any questions regarding our Privacy Policy, or if you wish to issue a request to exercise your rights where applicable by law, you can contact us via e-mail at luke@coachlukefalk.com or write to us at
Falk Mind Strength Coaching, LLC,
Attn: P.O. Box, 75 W 200 N
Unit #64 Logan,
UT 84323.