Privacy Policy

Privacy Policy

Last Updated: January 11, 2024

Your privacy is important to us, and we go to great lengths to protect it. This Privacy Policy is meant to help you understand what data we collect, why we collect it, and what we do with it. This is important; we hope that you will take the time to read it carefully.

ATTENTION: PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS WEBSITE. USING THIS WEBSITE INDICATES THAT YOU ACKNOWLEDGE AND ACCEPT THE PRACTICES AND POLICIES DESCRIBED IN THIS PRIVACY POLICY AND YOU EXPRESSLY CONSENT TO THE COLLECTION, USE, PROCESSING, AND SHARING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS POLICY. IF YOU DO NOT ACCEPT THE TERMS OF THIS PRIVACY POLICY, DO NOT USE THIS WEBSITE.

Scope of Privacy Policy:

This Privacy Policy applies to the online collection of personal data via the TheCleverHeart.com website (“Site”). This Policy does not apply to data collected in any other way, including offline. As used throughout this Privacy Policy, the term “Personal Data” refers to data that personally identifies an individual, such as your name, email address, home or work address, or telephone number.

This Site may contain links to websites maintained by others. This Privacy Policy does not reflect the privacy practices of those websites. TheCleverHeart.com is not responsible for the privacy policies and other content on websites other than this Site, and the terms of this Privacy Policy do not apply to any other websites or content, or to any collection of data after you click on the links to such outside websites. We encourage you to review the privacy policies of websites you choose to link to from this Site so that you can understand how those websites collect, use, and share your data.

Children’s Privacy:

We do not knowingly collect or solicit Personal Data directly from anyone under the age of thirteen (13) or knowingly allow such persons to use or make purchases on the Site. If you are under 13, please do not attempt to use or make purchases from this Site or send any information about yourself to us, including your name, address, email address, or phone number.

Collection of Your Personal Data:

We only collect and use Personal Data regarding users of our Site as described in this Privacy Policy. In addition, we do not process or use the Personal Data that we collect in a way that is incompatible with the purposes for which it was collected or received or subsequently authorized by you.

Information You Provide to Us:

We collect information, including Personal Data, directly from the users and purchasers of our Site. When you make a purchase on our Site, we ask you to provide some personal information, including your name, gender, age, weight, and exercise, nutrition, and medication background. The purpose of collecting this information is to customize a nutrition/diet plan and/or a fitness/training program for your needs. If you choose not to provide certain information, you may not be able complete a purchase or take advantage of some of our Site features and/or Products.

Please keep in mind that if you directly disclose Personal Data through our public message boards or comment sections, this information may be collected and used by others.

YOU SHOULD NOT PROVIDE US WITH ANY PERSONAL DATA (OR SUBMIT OR POST ANY PERSONAL DATA TO THE SITE OR IN RESPONSE TO ANY EMAIL OR OTHER COMMUNICATION) UNLESS YOU WOULD LIKE THAT INFORMATION TO BE USED IN ACCORDANCE WITH THIS PRIVACY POLICY.

Information Collected Automatically:

In addition to Personal Data, we automatically collect Anonymous Data about your computer hardware and software. This information can include: your IP address, browser type, domain names, access times, and referring website addresses. You may be able to change the preferences on your browser or mobile device to prevent or limit your computer or device’s acceptance of cookies, but this may prevent you from taking advantage of some of our Site’s features.

This information is used by TheCleverHeart.com for the operation of our Site, to maintain and improve the quality and content of our Site, facilitate research and analysis of the Site, and develop and refine our Site. Sometimes, we utilize the services of a third party to help us understand this information better, although the information that is disclosed to these entities remains at all times in anonymous and non-personally identifiable form.

Email and Other Communications:

When you use our Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail or by posting notices and messages on this Site. After making a purchase, you may receive a confirmation and/or other information from us via email. This confirmation and/or other information helps us to confirm and complete your purchase and may make emails more interesting and improve our Site.

1. Service Announcements and Customer Support: Some communications (e.g. important account notifications) are considered transactional and are necessary for all users. Occasionally, it is necessary to send out service related announcements. For instance, if the Site is temporarily suspended for maintenance we might send users an email. We also communicate with users to provide customer support in accordance with our Terms and Conditions. These communications are not promotional in nature. In general, users may not ‘opt-out’ of or ‘unsubscribe’ from these communications without canceling their account and ceasing use of the Site.
2. Special Offers and Updates: We may send new users of the Site a welcome email upon signing up for a newsletter, fitness product, or ebook, or guide. Established users may occasionally also receive information on relevant events, training, products, services and special deals, and periodic newsletters.
3. ‘Opt out’ of or ‘Unsubscribe’ From Communications: We provide you the opportunity to ‘opt-out’ of or ‘unsubscribe’ from having your Personal Data used for certain purposes. If you no longer wish to receive emails or other communications from us, you may ‘opt-out’ of or ‘unsubscribe’ from receiving email or other communications from us.

All ‘opt-out’ of or ‘unsubscribe’ requests can be made by clicking on the “unsubscribe” link at the bottom of the email. Please note that it may take up to 14 days to remove your contact information from our marketing communications lists, so you may receive correspondence from us for a short time after you make your request.

Use of Your Personal Data 

By using and making purchases on the Site, you are giving consent for us to do the following:

We use your Personal Data primarily to provide you with a personalized experience that delivers the information, resources, and products that are most relevant and helpful to you. The Personal Data you provide allows you to set up an account and to fully utilize the Site. The Personal Data that we collect may be used for variety of purposes, including:

• Access to your account;
• Customizing content displayed on the Site;
• Notifying Users of the Site about updates to and activities on the Site and about products and services that we feel may be of interest to you;
• Improving and expanding the content of the Site;
• Analyzing data and patterns regarding usage of the Site;
• Contacting Users of the Site for marketing purposes; and
• Contacting Users of the Site for information verification purposes.

Access, Review, and Update Information 

We take reasonable steps to ensure that the Personal Data we collect is reliable for its intended use, accurate, complete, and current. Please email us at hello@thecleverheart.com to review, delete, deactivate, update, or change your Personal Data that was previously provided to or collected by us.

Information Sharing and Disclosure

We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our Site.

The Personal Data we collect may be shared for the following purposes:

• Aggregated and non-personal information:  We may share aggregated and non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on our Site and on websites of third parties. We may combine non-personal information we collect with additional non-personal information collected from other sources. We may also share aggregated information with third parties, including advisors, advertisers, and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our website and the most popular features. This information does not contain any personal information and may be used to develop website content that we hope you and other users will find of interest and to target content and advertising.

1. Cloud Processors:  Your information may be processed in aggregate and individually by the following third-parties:

• Shopify: Shopify collects the following Personal Data name, email, shipping and billing address, payment details, company name, phone number, IP address, information about orders you initiate, information about the Shopify-supported merchant stores that you visit, and information about the device and browser you use. Shopify uses this information to provide its Services, including supporting and processing orders, risk and fraud screening, authentication, and payments. For more information about Shopify’s collection and use of your Personal Data, review its Privacy Policy.

Disclosures Required By Law 

Though we make every reasonable effort to preserve and protect your privacy, we may need to disclose Personal Data of certain Users of the Site when we have a reasonable and good-faith belief that the disclosure is necessary to enforce the Terms and Conditions for the Site, comply with a judicial proceeding, court order or other legal process, or to otherwise enforce or protect our rights under applicable law, including, without limitation, our intellectual property rights. In this situation we will use reasonable efforts to provide notice of this disclosure to all affected Users, to the extent reasonably possible under the circumstances.

Data Security

Your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Data by selecting and protecting your password. We recommend that you refrain from disclosing your username(s) and password(s) to anyone. We also recommend that you sign out of your account at the end of each session. You may also wish to close your browser window when you have finished your work, especially if you share a computer with someone else or if you are using a computer in a public place like a library or Internet cafe.

We endeavor to protect the privacy of your Personal Data and other information we hold in our records. We exercise reasonable security measures consistent with industry standards to protect against unauthorized access to Personal Data stored in our databases, and to prevent unauthorized use, alteration, corruption, or disclosure of that Personal Data. Personal Data stored in our possession is maintained behind firewalls, and our servers are located within facilities that are subject to physical security measures designed to prevent unauthorized access.

We restrict access to Personal Data to our employees, contractors and agents who need to access that information in order to operate our business in a manner consistent with this Privacy Policy. All such personnel are required to treat Personal Data in a manner consistent with this Privacy Policy, and they are subject to discipline, potentially including termination, if they fail to comply with those requirements.

While we believe our policies and practices regarding information security and integrity are reasonable, we cannot guarantee that the security and/or integrity of Personal Data will not be breached or that such Personal Data will not be subject to unauthorized access, alteration, corruption, or disclosure. We review our information security policies and practices periodically and may update them as we determine reasonably necessary to achieve information security and integrity consistent with industry standards.

California’s “Shine the Light Law”

California Civil Code Section 1798.83, known as the “Shine The Light” law, permits our Users who are California residents to request and obtain from us a list of what personal information, if any, we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any personal information with third parties for their direct marketing purposes.

Changes to this Privacy Policy

We may change the Privacy Policy from time to time at its sole discretion. Amendments to this Privacy Policy shall become effective when we publish the revised Policy on the Site. If we revise the Privacy Policy in such a way that permit substantial changes in the way we use or disclose your Personal Data, we will notify you by sending you an email to the last email address you provided to us. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current contact information. Any material changes to these Terms will be effective upon the earlier of seven (7) calendar days following our dispatch of an email notice to you or seven (7) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new Users of our Site.

We may require you to provide consent to the updated Privacy Policy in a specified manner before further use of the Site is permitted. Otherwise, your continued use of the Site following such notification shall constitute your affirmative acknowledgement of the changes and your agreement to abide and be bound by the Privacy Policy, as amended. If at any time you choose not to accept the Privacy Policy, including following receipt of notification of any changes hereto, then please terminate your use and account. Please regularly check the Site to view the then-current Privacy Policy.

Questions, Concerns, or Comments

We welcome your comments and questions regarding this Privacy Policy and the use of any Personal Data. Please send all requests for additional information, data updates, requests for your data, and data erasure requests to:

hello@thecleverheart.com

If you believe we have not adhered to this Privacy Policy, please contact us at: hello@thecleverheart.com

Cookie Policy

BY CONTINUING TO USE OUR SITE, YOU ARE AGREEING TO THE USE OF COOKIES AND SIMILAR TECHNOLOGIES FOR THE PURPOSES WE DESCRIBE IN THIS PRIVACY POLICY. IF YOU DO NOT ACCEPT THE USE OF COOKIES AND SIMILAR TECHNOLOGIES, DO NOT USE THIS SITE.

What is a cookie?

A cookie is a simple text file that is stored on your computer or mobile device by a website’s server. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier and the site name and some digits and numbers.

Most websites you visit use cookies to improve your user experience by allowing the website to ‘remember’ you, either for the duration of your visit (using a ‘session cookie’) or for repeat visits (using a ‘persistent cookie’).

Cookies may be set by the website you are visiting (‘first party cookies’) or they may be set by other websites who run content on the page you are viewing (‘third party cookies’).

What do cookies do?

Cookies have lots of different jobs, like letting you navigate between pages efficiently, storing your preferences, and improving your experience of a website. Cookies make the interaction between you and the website faster and easier. If a website doesn’t use cookies, it will think you are a new visitor every time you move to a new page on the site, for example, even after you “log in,” if you move to another page it won’t recognize you and it won’t be able to keep you logged in.

When you visit our website, we may assign your computer one or more cookies to facilitate access to our website, personalize your online experience and record information about your visit.

Through the use of a cookie, we also may automatically collect information about your online activity on our website, such as the web pages you visit, the links or advertisements you click on and other actions you take while on our website.

The cookies do not store any Personally Identifiable Information (PII) about you.

Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. 

If you choose to decline cookies, please note that some of the features and services of our website may not function properly.  We also use cookies for purposes such as maintaining continuity during an online session; gathering data about the use of our site; monitoring online promotions; and anti-fraud and information security purposes.

We may allow third-parties, advertising companies and ad networks (“Advertisers”) to display advertisements on our website. Advertisers may use tracking technologies, such as cookies, to collect information about users who view or interact with their advertisements.

Our website does not provide any PII to these Advertisers, but they may collect information about where you, or others who are using your computer, saw and/or clicked on the advertisements they delivered, and possibly associate this information with your subsequent visits to the advertised websites. They also may combine this information with personal information they collect directly from you. The collection and use of that personal information is subject to the particular Advertiser’s privacy policy.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.).

Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

Links to Other Sites

Our website does contain links to affiliate and other websites. Our site does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of each and every website that collects personally identifiable information. The aforementioned Privacy Policy agreement applies only and solely to the information collected by our website.

Through affiliate links, identifying information may be carried over to an outside site to show that you visited that site from our site to ensure proper commissions are issued.

How do we use cookies?

We use different types of cookies to enhance and improve your experience.

We use cookies for:

Category of Use	Description
Security	We use cookies to enable and support our security features, for example: to authenticate Users, prevent fraudulent use of login credentials, and protect User data from unauthorized parties.
Preferences	When you are signed in to your account, cookies help us display the correct information and personalize your experience by providing you with features, insights, and customized content. Loss of the information stored in a preference cookie may make the Site experience less functions, but should not prevent it from working.
Session State	We collect information about how our Users use and interact with the Site. This may include the pages Users visit most often and when and where Users get error messages. We use these “session state cookies” to help us improve our Site. Blocking or deleting these cookies will not prevent the Site from working.
Analytics	These cookies help us learn how our Site performs in different locations. We use these cookies to understand and improve our Site and content.
Advertising and Marketing	We use these cookies to deliver more personalized advertising content, including targeted advertisements, to interact with other websites, such as Facebook and Instagram, and to display video content.
Convert Kit	Name, email, address, IP address, collected by form submission. It’s collected to deliver downloads, newsletters or other emails on updates, giveaways, or other offers.
Thrive Leads	Name, email, address, IP address, collected by form submission. It’s collected to deliver downloads, newsletters or other emails on updates, giveaways, or other offers.
Contact Forms	Name email address, collected by form submission. To allow the data subject to contact our site with any questions comments, or other information they would like to.
Comments	Name, email, address, website, IP address, and browser user agent string, collected by form submission. We collet the data shown in the comments form and also the visitor’s IP address and browser user agent string to help spam detection.
Facebook Pixel	Information to help track conversions from facebook to our site, collected by Cookie. Used by Facebook to deliver a series of advertisement products such as real time bidding from third part advertisers.
Google Analytics	Posts and pages visited, name of your internet service provider, the website that you used to link, collected by Cookie, For statistical purposes to provide a better user experience.
Adsense	Ad impressions, video-related events (i.e. pause, mute, 100% plays etc.) or errors and ad click events, collected by Cookie, for various cookies are used for the following purposes: delivering targeted advertisements to specific visitors, storing user identifiers, and collecting anonymous ad platform stats.
Instagram	Collected by Cookie, to help prevent cross site request forgery.
Pinterest	Track the usage of services, collected by Cookie, to help prevent the site request forgery.
Pinterest Pixel	Information to help track conversions from Pinterest to our site, collected by Cookie, used by Pinterest to deliver a series of advertisement products such as real-time bidding from third part advertisers.

Who we share your data with

We contract with the third parties listed in the table above to supply products, services, and a good user experience on our behalf. These include payment processing, delivery of goods, search engine facilities, advertising, and marketing.

In some cases, these parties may require access to some or all of your data, when that is the case we take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with the law.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website, we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

Information collected using Google analytics is retained for 26 months.

Information submitted through forms, such as email forms or contact forms are retained until such a time as the data subject chooses to unsubscribe.

What rights you have over your data

If you have an account on this site or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us.

You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Similarly, if you have subscribed to our email list you can unsubscribe at any time and make a request to the site administrator to have all personal data obtained via our email marketing service erased.

If you want to learn more about how websites and apps collect and use your information, please refer to the FTC Consumer Guide on Online Tracking. 

What should you do if you don’t want cookies to be set?

Some people find the idea of a website storing information on their computer or mobile device to be intrusive, particularly when this information is stored and used by a third party without them knowing. Although cookies are generally quite harmless, you may not, for example, want to see advertising that has been targeted to your interests using your browser history. If you prefer, you may choose to block some or all cookies, or even to delete cookies that have already been set; but you should be aware that you might lose some functions of the website.

Comments and Social Media

Should you leave a comment on this website the comment and its metadata are retained indefinitely. This allows for us to recognize and approve any follow-up comments automatically. When you leave a comment, your, name, email address, and website or organization may be used to communicate with you. 

This website has social media accounts and social sharing options available. Social media sites such as Facebook and Twitter for example can track your personal information. Should you interact with us on social media know that you will voluntarily be disclosing that personal information. At that time it becomes public information, this information is no longer private and can be collected and used by others. We do not have control over and take no responsibly for the use, storage or dissemination of such publicly disclosed personal information by you.

Email Marketing

Users of this site have the option to opt-in or unsubscribe from our contact list. By choosing to subscribe or opt-in you are agreeing to receive updates, newsletters, messages, promotional materials, and any other content that is related to this website. When you send an email, your email message as well as email address and any responses are saved for communication purposes with you. We do not share, sell or trade your email information with third parties except for as otherwise stated in this privacy policy. 

We do not foresee offering any goods or services to individuals residing within the European Union as outlined in the General Data Protection Regulation (“GDPR”).

If you are in the European Union and opt-in to receive any of our free products and or/purchase any products through our website then you will be subscribed to receive our email. Such users retain the ability to opt-out and or unsubscribe at a later time.

Rights of California Residents

If you reside in California, California Law (CCPA) gives you the right to ask if we sell or disclose your personal information to third parties.

We do not sell your personal information to third parties for others’ direct marketing. We have never sold your personal information in the past. California law also gives you the right to opt out of such sales.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Additional Agreements

For more information on how LTK stores and uses your information, please see LTK’s privacy policy.

How to contact us

Should you have any questions or concerns regarding our site or this privacy policy you may contact us at hello@thecleverheart.com.

Changes to our privacy policy

We may change this privacy policy as we deem necessary from time to time or as required by law. Any changes will be posted on our site and you will have been deemed to have accepted them on your first use of our site following alterations. You should check this page regularly to ensure you are keeping up to date.

Mediavine Programmatic Advertising (Ver 1.1)

The Website works with Mediavine to manage third-party interest-based advertising appearing on the Website. Mediavine serves content and advertisements when you visit the Website, which may use first and third-party cookies. A cookie is a small text file which is sent to your computer or mobile device (referred to in this policy as a “device”) by the web server so that a website can remember some information about your browsing activity on the Website.

First party cookies are created by the website that you are visiting. A third-party cookie is frequently used in behavioral advertising and analytics and is created by a domain other than the website you are visiting. Third-party cookies, tags, pixels, beacons and other similar technologies (collectively, “Tags”) may be placed on the Website to monitor interaction with advertising content and to target and optimize advertising. Each internet browser has functionality so that you can block both first and third-party cookies and clear your browser’s cache. The “help” feature of the menu bar on most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies, how to disable existing cookies and how to clear your browser’s cache. For more information about cookies and how to disable them, you can consult the information at All About Cookies.

Without cookies you may not be able to take full advantage of the Website content and features. Please note that rejecting cookies does not mean that you will no longer see ads when you visit our Site. In the event you opt-out, you will still see non-personalized advertisements on the Website.

The Website collects the following data using a cookie when serving personalized ads:

• IP Address
• Operating System type
• Operating System version
• Device Type
• Language of the website
• Web browser type
• Email (in hashed form)

Mediavine Partners (companies listed below with whom Mediavine shares data) may also use this data to link to other end user information the partner has independently collected to deliver targeted advertisements. Mediavine Partners may also separately collect data about end users from other sources, such as advertising IDs or pixels, and link that data to data collected from Mediavine publishers in order to provide interest-based advertising across your online experience, including devices, browsers and apps. This data includes usage data, cookie information, device information, information about interactions between users and advertisements and websites, geolocation data, traffic data, and information about a visitor’s referral source to a particular website. Mediavine Partners may also create unique IDs to create audience segments, which are used to provide targeted advertising.

If you would like more information about this practice and to know your choices to opt-in or opt-out of this data collection, please visit National Advertising Initiative opt out page. You may also visit Digital Advertising Alliance website and Network Advertising Initiative website to learn more information about interest-based advertising. You may download the AppChoices app at Digital Advertising Alliance’s AppChoices app to opt out in connection with mobile apps, or use the platform controls on your mobile device to opt out.

For specific information about Mediavine Partners, the data each collects and their data collection and privacy policies, please visit Mediavine Partners.