This privacy policy (this “Policy”) describes how and when Breaking Muscle (A BarBend Inc Company), a Delaware Limited Liability corporation (“BM,” “we,” or “us”), uses and shares your information when you use our Website at breakingmuscle.com (the “Website”), as well as all related software, tools, systems, programs and other services provided by us (collectively, together with the Website, our “Service”). This Policy also describes our use and disclosure of that information.
This privacy policy (this “Policy”) describes how and when Breaking Muscle (“BM,” “we,” or “us”), uses and shares your information when you use our Website at breakingmuscle.com (the “Website”), as well as all related software, tools, systems, programs and other services provided by us (collectively, together with the Website, our “Service”). This Policy also describes our use and disclosure of that information. By using our Service, you consent to the collection, use, and disclosure of personal information in accordance with this Policy. This Policy is incorporated by reference into the BM Terms of Service https://breakingmuscle.com/terms and subject to the provisions of the Terms of Service.
Personal Information
“Personal Information,” as used in this Policy, is information that specifically identifies an individual end user of the Service, such as an individual’s name, address, telephone number, or e-mail address. Personal Information also includes information about an individual’s activities, such as information about his or her activity on our Service, and demographic information, such as date of birth, gender, geographic area, and preferences, when any of this information is linked to Personal Information that identifies that individual.
Personal Information does not include “aggregate” or other non-personally identifiable information. Aggregate information is information that we collect about a group or category of products, services, or users that is not personally identifiable or from which individual identities are removed. We may use and disclose aggregate information, and other non-personally identifiable information, for various purposes.
Collection of Information
Collection of Voluntarily-Provided Information
We collect Personal Information that our users provide to us in a variety of ways on our Service, including:
E-mail Newsletters. We may offer e-mail newsletters with announcements and information about BM from time to time on our Service. If you sign up to receive a newsletter from us, we collect your e-mail address. You may opt out of receiving e-mail newsletters.
Downloads, User Accounts and Profiles. Our Service or third parties may give you the ability to download BM software, register for a BM account or to create and update a user profile on the Service. If we offer such functionality on the Service, we will collect the Personal Information that you provide to us in the course of using that functionality. This information may include, for example, your name, contact information, and system information, as well as information about your interests, preferences and future needs. We may indicate that some personal information is required for you to download our software, register for the account or to create the profile, while some is optional. To the extent that your user profile is public, we will share your Personal Information in your user profile with others in your organization.
Integrated Service. You may be given the option to access or register for the Service through the use of your user name and passwords for certain services provided by third parties (each an “Integrated Service”), such as through the use of your Facebook credentials through Facebook Connect . By doing this, you authorize us to access and store the credentials you provide, your name, email address(es), date of birth, gender, current city, profile picture URL, and other information that the Integrated Service makes available to us, and to use and disclose it in accordance with this Policy. You should check your Facebook or other Integrated Service privacy settings to understand and change the information sent to us through Facebook Connect or other Integrated Service. Please review each Integrated Service’s terms of use and privacy policies carefully before using their services and connecting to our Service.
Interactive Features and Public Areas.
Our Service may contain interactive functionality that allows you to engage with other users on the Service, post comments to forums, to upload photographs and other content (the “User Content”), participate in surveys, and otherwise to interact with the Service and with other users. If you use any interactive functionality on our Service that requests or permits you to provide us with personal information (including, for example, any services that allow you to post User Content on any of our Service), we collect the Personal Information that you provide to us in the course of using these interactive features. You should be aware that any information you provide in chat sessions, message boards, email exchanges, newsgroups or similarly non-private areas of the Service may be read, collected, and used by others who access these areas, and this information is not Personal Information for the purposes of this Policy. To request removal of your Personal Information from these areas, please contact us. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why.
Correspondence.
If you contact us by e-mail, using a contact form on the Service, or by mail, fax, or other means, we collect the Personal Information contained within, and associated with, your correspondence. We use this Personal Information to respond to your correspondence. We may also use your correspondence to improve the Service.
Promotions.
We or our advertisers and other business partners may conduct or sponsor special contests, sweepstakes, and other promotions that users may enter or otherwise participate in on our Service. Certain of these promotions may be co-branded with one of our advertisers or other business partners. In these instances, the collection of your Personal Information may occur directly by the third-party partner on its website or other online service and may be shared with us. The promotion will state the privacy policy or policies governing the collection of such personal information.
Statistical Reports and Analytics
BM’s servers automatically recognize a visitor’s IP address and domain name. These items do not reveal any personal information about the visitor. The information is used solely to compile statistics that enable us to examine page impression levels and numbers of unique users visiting our Web sites. This information helps us to understand the areas of our sites that people visit in order to deliver more effective content.
We use Google Analytics to learn more about how the site is used and to improve our content. For more information about Google’s use of information, please see their disclosure here. Certain information such as your browser, and your IP address may be sent to Google Analytics, but this information is always anonymized so that we don’t know which specific visitors are associated with what browser. We do not have access to any IP information in Google Analytics.
Google Analytics may use several cookies, including cookies stored for very long periods, in order to determine if you have visited the site before. But Google Analytics never associates any user-identifiable information with your visit. So we may know many people visit a particular page, but we won’t know specifically who read it. To opt out of being counted in Google Analytics, you can install this browser add on made by Google. Alternatively you can use the Do Not Track feature of your browser.
Online Ad Serving and Cookies
Our advertising partner is Google. Go to this page for information on how Google uses information from sites or apps that use its services. You can control Ad Personalisation by Google Ads and Google products by visiting the Google Ad Settings page.
You can opt-out of cookies used by advertising via Your Ad Choices or Your Online Choices.
Most web browsers automatically accept cookies, but allow you to modify security settings so you can approve or reject cookies on a case-by-case basis.
Essential Cookies
Like most other websites, BM uses cookies. Cookies are small data files that some websites write to your device’s local storage when you visit them. A cookie file can contain information such as a user ID that the site uses to track the pages you’ve visited. Cookies do not tell us who you are unless you’ve specifically given us personally identifiable information. A cookie can’t read data off your hard drive or read cookie files created by other sites.
Certain operations and features on BM may require the use of cookies and/or the propagation of session information to facilitate the visitor’s experience on BM. BM does not intentionally use these cookies to “track” users. We will not provide any individually identifying information from cookies originating at breakingmuscle.com to any third party, including advertisers and sponsors.
Because these cookies do not contain personal information, are used only for critical or non-trivial operations and can not be replaced with reasonable alternatives, we send these cookies under Legitimate Interest basis and do not request consent from EU users for these cookies. If you wish to block these or other cookies, most web browsers provide settings to control cookie use.
Affiliates
BM earns revenue as an Affiliate. We are paid a commission if you purchase a product or service via any link on BM that sends you to a retailer’s site. Retailers provides BM information about products purchased, but never in a form that links purchases and users. One example is Amazon – please consult Amazon’s Privacy Notice for information on how Amazon uses your information and your options for controlling that information.
Passive Information Collection
When you visit our Service, some information is collected automatically. For example, when you access our Service, we automatically collect certain information, which may include your browser’s Internet Protocol (IP) address, your browser type, the nature of the device from which you are visiting the Service (e.g., a personal computer or a mobile device), the identifier for any handheld or mobile device that you may be using, the Web site that you visited immediately prior to accessing any Web-based Service, the actions you take on our Service, and the content, features, and activities that you access and participate in on our Service. We also may collect information regarding your interaction with e-mail messages, such as whether you opened, clicked on, or forwarded a message.
We may collect this information passively using technologies such as standard server logs, cookies, and clear GIFs (also known as “Web beacons”). We use passively-collected information to administer, operate, and improve the Website and our other services and systems, to improve the effectiveness of advertising on our Service, and to provide advertisements and other content that is tailored to you. If we link or associate any information gathered through passive means with Personal Information, or if applicable laws require us to treat any information gathered through passive means as Personal Information, we treat the combined information as Personal Information under this Policy. Otherwise, we use and disclose information collected by passive means in aggregate form or otherwise in a non-personally identifiable form.
Also, please be aware that third parties, such as companies displaying advertisements on the Service, or sites or services provided by third parties (“Third-Party Sites”) that may be linked to or from the Service, may set cookies on your hard drive or use other means of passively collecting information about your use of their services, Third-Party Sites or content. We do not have access to, or control over, these third-party means of passive data collection.
Information from Other Sources
We may receive information about you, including Personal Information, from third parties (e.g. opt-in lists where you have requested information about BM or the Service while visiting a Third-Party Site). We may combine this information with other Personal Information we maintain about you. If we do so, this Policy governs any combined information that we maintain in personally identifiable format.
Use of Personal Information
We use Personal Information to provide the services and information that you request. We also use your Personal Information to enhance, improve, operate, analyze and maintain our Service and other systems (e.g., to troubleshoot problems); to prevent fraudulent use of our Service and other systems; to prevent or take action against activities that are, or may be, in violation of our Terms of Service or applicable law; to tailor advertisements, content, and other aspects of your experience on and in connection with the Service; to maintain a record of our dealings with you; for other administrative purposes (e.g., contacting you regarding administrative information or notices); to resolve disputes and enforce our agreements with you; and for any other purposes that we may disclose to you at the point at which we request your Personal Information, and pursuant to your consent.
We may also use Personal Information you provide to contact you regarding products, services, and offers, both from ourselves and from third parties, that we believe you may find of interest. We allow you to opt-out from receiving marketing communications from us as described in the “Choice” section below.
Disclosure of Personal Information
Except as described in this Policy, we will not disclose your Personal Information that we collect on the Service to third parties without your consent. We may disclose your Personal Information to third parties if you consent to us doing so, as well as in the following circumstances:
Service Providers
We may disclose Personal Information to third-party service providers (e.g., value-added resellers, payment processors, data storage and processing facility vendors) that assist us in our work. We limit the Personal Information provided to these service providers to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such Personal Information.
Public Areas
Some features on our Service may allow you to upload, post, or otherwise transmit User Content to public areas of the Service, such as content that you post in a public profile on the Service. Please be aware that any Personal Information that you include within any User Content will be made available to other users of the Service.
You include Personal Information in User Content at your sole risk. We may allow you to select privacy options that limit access to some types of Personal Information in User Content, but no security measures are impenetrable or perfect. Additionally, even after information posted on the Website is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Service. We cannot warrant or guarantee that any Personal Information that you provide on and in connection with the Service will not be accessed, viewed, or used by unauthorized persons.
Business Transfers
Information about our users, including Personal Information, may be disclosed and otherwise transferred to an acquirer, or successor or assignee as part of any merger, acquisition, debt financing, sale of company assets, or similar transaction, as well as in the event of an insolvency, bankruptcy, or receivership in which Personal Information is transferred to one or more third parties as one of our business assets.
To Protect our Interests
We also disclose Personal Information if we believe that doing so is legally required, or is in our interest to protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights or property of others, or otherwise to help protect the safety or security of our Service and other users of the Service.
Event and Conference Sponsors
We may share your Personal Information with third parties that sponsor BM events or conferences that you attend. Otherwise, BM does not offer or allow the sale of any of your Personal Information to third parties.
Choice
If you receive commercial e-mail from us, you may unsubscribe at any time by following the instructions contained within the e-mail. You may also opt-out from receiving commercial e-mail from us, and any other promotional communications that we may send to you from time to time (e.g., by postal mail) by sending your request to us by e-mail at info@breakingmuscle.com or by writing to us at the address given at the end of this policy. Additionally, we may allow you to view and modify settings relating to the nature and frequency of promotional communications that you receive from us.
Please be aware that if you opt-out of receiving commercial e-mail from us, it may take up to ten business days for us to process your opt-out request, and you may receive commercial e-mail from us during that period. Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding our Service.
Access
If we offer the ability to create user accounts or profiles on our Service, you may have the ability to access and update many categories of Personal Information that you provide to us by logging in to your account and accessing your account settings. If you wish to access or amend any other Personal Information we hold about you, you may contact us at info@breakingmuscle.com or by the other methods described under “Contacting Us” below.
If you request that we delete your account on any of our Service (via a user settings page, by e-mail, or otherwise), we will do so within a reasonable period of time, but we may need to retain some of your Personal Information in order to satisfy our legal obligations, or where we reasonably believe that we have a legitimate reason to do so.
Links
The Service may contain links to other Web sites, products, or services that we do not own or operate. For example, the Service may contain links to Third-Party Sites such as social networking services. If you choose to visit or use any Third-Party Sites or products or services available on or through such Third-Party Sites, please be aware that this Policy will not apply to your activities or any information you disclose while using those Third-Party Sites or any products or services available on or through such Third-Party Sites. We are not responsible for the privacy practices of these Third-Party Sites or any products or services on or through them.
Additionally, please be aware that the Service may contain links to Web sites and services that we operate but that are governed by different privacy policies. We encourage you to carefully review the privacy policies applicable to any Web site or service you visit other than the Service before providing any Personal Information on them.
Children
Children’s safety is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children. Our Terms of Service prohibit users of the Service who are under the age of 18. We do not knowingly collect Personal Information from children under the age of 13. If we learn that we have collected Personal Information from a child under the age of 13 on our Service, we will delete that information as quickly as possible. If you believe that we may have collected any such Personal Information on our Service, please notify us at info@breakingmuscle.com
International Visitors
Our servers and data centers are located in the United States. If you choose to use the Service from outside the U.S., then you should know that you are transferring your Personal Information outside of your region and into the U.S. for storage and processing. By providing your Personal Information to us through your use of the Service, you agree to that transfer, storage, and processing in the U.S. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. You should know that each region can have its own privacy and data security laws, some of which may be less stringent as compared to those of your own region.
Security
We use reasonable security measures that are designed to protect personal information from accidental loss, disclosure, misuse, and destruction. Please be aware, however, that no data security measures can be guaranteed to be completely effective. Consequently, we cannot ensure or warrant the security of any information that you provide to us. You transmit information to us at your own risk.
Always select a password that is unlikely to be available or discovered by others, and never disclose your password to any third parties. You are responsible for all Personal Information submitted through your account or user profile and all actions taken through your account and user profile. Therefore, if your password has been compromised for any reason, you should immediately change your password.
Updates to this Policy
We may occasionally update this Policy. When we do, we will also revise the “last updated” date at the beginning of the Policy. Your continued use of our Service after such changes will be subject to the then-current policy. If we change this Policy in a manner that is materially less restrictive of our use or disclosure of your Personal Information, we will use reasonable efforts to notify you of the change and to obtain your consent prior to applying the change to any Personal Information that we collected from you prior to the date the change becomes effective. We encourage you to periodically review this Policy to stay informed about how we collect, use, and disclose Personal Information.
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.
Contacting Us
If you have any questions or comments about this Policy, please contact us using the following contact information:
Breaking Muscle
55 Washington Street #322
Brooklyn, NY, 11201
