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Privacy Policy

Including Children’s Online Privacy Protection Policy and “Your Privacy Rights” for California Residents Effective and last revised on June 15th, 2022

The following Privacy Policy governs your use of the Sites and the Services, which are owned or utilized by BB Body, Inc. (BB).  Terms are also defined in our terms of use policy located at https://brookeburke.com/terms-of-use/

We have created this Privacy Policy to ensure that you understand our policies and procedures relating to privacy, what personal information you must provide if you wish to use certain portions of the Sites and the Services, ultimately, just how we use such personal information.

This Privacy Policy is a part of and is incorporated into the Terms of Use set forth above. All defined terms in this Privacy Policy shall have the meaning assigned to them in the Terms of Use. By accessing or using any of the Sites and the Services, you acknowledge and agree that you have read and agree to be bound by this Privacy Policy.

1. Sites and Site Operator The sites to which the following Privacy Policy applies are: https://www.brookeburkebody.com and the mobile app known as  Brook Burke Body and other branded sites using Brooke Burke’s business interests  (collectively, “the Sites” and the “Services” as well). The operator of the Sites and services is BB Body, Inc.;  email: contact@brookeburkebody.com

2. Effective Date. This Privacy Policy is effective as of, and was lasted revised on June 15th, 2022. BB reserves the right to add to, delete from and/or otherwise change this Privacy Policy at any time in its sole and absolute discretion. To the maximum extent permitted by law, you are responsible for monitoring the Sites to determine if any changes have been made to the Privacy Policy in the future. Access to and/or use of the Sites and/or the Services by you after the date of any such change shall be deemed to confirm your agreement to be bound by the Privacy Policy then in effect. By agreeing to the Terms of Use applicable to the Sites at which this Privacy Policy is posted, you are also agreeing to be bound by this Privacy Policy. Unless otherwise indicated, defined terms in this Privacy Policy shall have the same meaning assigned to them in the Terms of Use.

3. Information Collected By the Sites. We collect two types of information from users of the Sites: personal information described below; and non-personal information such as information about traffic patterns on the Sites.

4. Personal Information. To access certain portions of the Sites, including the portions where the Services are offered, we require you to register and select a username and password. Some personal data is collected during the registration process, like your name, address and contact information. We may then ask for additional information, including personally identifiable and non-personally identifiable information. When you make a purchase on one of the Sites, when you subscribe to the Services, and/or when you enter a contest or other promotion, we may ask you for certain personal information such as your name, address, e-mail address, or credit card number, in order to process your order, manage your subscription, administer the contest, or send you promotional e-mails. Providing personal information in these instances is solely your choice; you do not need to provide such information, make purchases, or enter such contests to browse our Sites as a Visitor.

This personal information is required to provide [products AND/OR services] to you. If you do not provide personal information we ask for, it may delay or prevent us from providing products and.or services to you.

5. How We Use Your Personal Information. We use the information collected on the Sites for a variety of purposes, including, but not limited to, running the Sites and the Services and contacting users. The Sites and the Services may also make available to other Registered Users information provided by you during registration, such as your screen name. We may use your information to communicate back to you, to update you on products, services and benefits, to personalize the Sites for you, to contact you for market research or to provide you with marketing information, newsletters, or other information we think would be of particular interest. In addition, if you make a purchase on any of the Sites, we may send you order and shipping confirmation emails. We will always give you the opportunity to opt out of receiving such materials. You can remove your e-mail address from our e-mail list at any time by following the procedures set forth in the Section 9 below (“Opt Out Procedures”) or by clicking on the “unsubscribe” link in every e-mail from BB. In addition, you can modify your information or change your preferences, as set forth in Section 10 below (“Reviewing or Changing Your Information”). Information obtained through the Sites and/or the Services may be intermingled with and used in conjunction with information obtained through sources other than our Sites, including both offline and online sources.

What we use your personal information forOur reasons
To provide [products AND/OR services] to youFor the performance of our contract with you or to take steps at your request before entering into a contract
To prevent and detect fraud against you or usFor our legitimate interests or those of a third party, i.e. to minimize fraud that could be damaging for us and for you
For our legitimate interests or those of a third party, i.e. to minimize fraud that could be damaging for us and for youTo comply with our legal and regulatory obligations
Ensuring business policies are adhered to, e.g. policies covering security and internet useFor our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you
Operational reasons, such as improving efficiency, training and quality controlFor our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price
Ensuring the confidentiality of commercially sensitive informationFor our legitimate interests or those of a third party, i.e. to protect trade secrets and other commercially valuable information To comply with our legal and regulatory obligations
Preventing unauthorized access and modifications to systemsFor our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you

To comply with our legal and regulatory obligations
Updating and enhancing customer recordsFor the performance of our contract with you or to take steps at your request before entering into a contract

To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about existing orders and new products
Marketing our services and those of selected third parties to:

—existing and former customers;

—third parties who have previously expressed an interest in our services;

—third parties with whom we have had no previous dealings.
For our legitimate interests or those of a third party, i.e. to promote our business to existing and former customers

The above does not apply to special category personal information, which we will only process with your explicit consent.

6. Discussions and Community Tools. The Sites and the Services may make chat rooms, forums, bulletin boards, news groups and other community tools available to Registered Users and/or Visitors. Please remember that any information that is disclosed in these areas becomes public information for other users to view and for BB to use. Please do not disclose any personally identifiable information, including without limitation your full name or e-mail address, in these publicly accessible areas of the Sites or the Services. Please be considerate and respectful of others while using any chat rooms, forums or message boards to share your opinion.

7. Non-Personal Data. In some cases, we may collect non-personal information. Examples of this type of information include the type of Internet browser you are using, the type of computer operating system application software, and peripherals you are using and the domain name of the web site from which you linked to our Site. We use your information on an aggregated basis to do such things as operate our Sites, enhance our Sites and sell and deliver advertising.

8. Cookies. Certain features on the Sites and/or the Services utilize cookie technology. A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain various types of information, including a user ID that the site uses to track the pages you’ve visited. We may use cookies to enhance your experience on our Sites, to determine user traffic patterns and for other purposes. Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent or you can flush your browser of cookies from time to time. (Note: you may need to consult the help area of your browser application for instructions.) If you choose to disable your cookies setting or refuse to accept a cookie, however, you may not be able to access all areas of the Sites and/or the Services.

We also may use cookies to improve the performance of our advertising on other websites. Although you may not opt out of receiving online advertisements generally, you may control the collection of data on our site used for targeted  advertising during your visits to other websites.

BB utilizes Google Analytics for aggregated, anonymized website traffic analysis. In order to track your BB session usage, BB places a Google Analytics cookie with a randomly-generated ClientID in your browser. This ID is anonymized and contains no identifiable information such as email, phone number, name, etc. BB uses Google Analytics to track aggregated website behavior, such as what pages you looked at, for how long, etc. This information is important for improving the BB user experience and determining BB’s site effectiveness. If you wish to remove Google Analytics from your site experience, you can install the Google Analytics Opt-Out Browser Add-On.

9. Opt Out Procedures. You have the option to opt out of receiving information from BB, the Sites and the Services. This opt out messaging will appear at the bottom of every promotional email that is sent out. If you no longer wish to take advantage of the Sites or the Services or receive any form of direct contact from BB, whether it is email, discounts, newsletters, or other promotional offers or materials, contact us at: contact@brookeburkebody.com

10. Reviewing or Changing Your Information. In order to ensure that the information we maintain is accurate, we give users the option to change or modify their information previously provided during registration. If you would like to change your information currently in our database please log in and click the “My Account” link on the various Sites or email us at contact@brookeburkebody.com

11. Sharing of Your Information. BB may share your personal information: (i) with BB’s parent, affiliates, subsidiaries, or successors (collectively the “BB Parties” or individually an “BB Party”), or with third parties who are under obligations of confidentiality with any of the BB Parties, (ii) if a BB Party is required by law to do so, (iii) in the event of a transfer of ownership of a BB Party, merger or other similar transaction, or (iv) as otherwise set forth in this Privacy Policy. The following describes some of the ways that your personal information may be disclosed to third parties: We may employ third parties to perform services or functions on our behalf in order to improve our Sites, merchandising, marketing and promotional efforts, communications or other services. Those third parties may include authorized contractors, consultants and other companies working with us. They only have access to personal information needed to perform their functions, and they may not share any personal information with others or use it for any other purpose than providing or improving BB’s services and offerings. We may share your information with third parties whom we believe have information of interest to you. In addition, we may share certain non-personal information with third parties for advertising, promotional and other purposes. For example, we may work with third party advertising companies, to serve and track our ads. These third parties may install other cookies. Our advertising partners may use the non-personal information they collect from our Sites, in the aggregate, to help us better market and serve our customers. This Privacy Policy applies only to the Sites and the Services and does not address the practices of third parties or others who may collect your personal information. You may visit other websites, through links on the Sites or Service, which may collect, use and share your personal information in accordance with their own privacy policies. The information practices of those linked websites are not covered by this Privacy Policy, and we encourage you to be very cautious before you disclose your personal information to others. In order to provide you with the information, products or services which you have requested, we may share or transfer your personal information with our parent, affiliates or subsidiaries, or third party agents acting on their behalf. The BB Parties may be obligated to cooperate with various law enforcement inquiries. Each BB Party reserves the right to disclose or transfer personal information and non-personal information about you and your activities on our Sites in order to comply with a legal requirement or request from law enforcement or other government officials, administrative agencies or third parties as we, in our sole discretion, determine necessary or appropriate for the administration of justice, or in connection with an investigation of fraud, intellectual property infringements or violations of any other law, rule or regulation, our Terms of Use or other rules or policies of our Sites, the rights of third parties, or an investigation of any other activity that may expose us or you to legal liability, or to investigate any suspected conduct which BB in its sole discretion deems improper.

12. Security.  We have installed encryption software conforming to the Secure Socket Layers (SSL) protocol to safeguard all of the commerce related (i.e. credit card and billing address) information you send to us. All information is stored on our servers in a secure location. It is important for you to protect against unauthorized access to your password and to your computer. If your password is compromised, notify Customer Service at once at contact@brookeburkebody.com

13. Children’s Online Privacy Protection Policy. The Sites and the Services are not intended for or directed to users under the age of 18, and we do not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors. Where appropriate, we take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to the Sites or the Services or in response to advertisements. If you are concerned that personal information may have been inadvertently provided to or collected by BB, please contact us immediately at contact@brookeburkebody.com so that we may appropriate steps to remove such information from our database.

14. Privacy Precaution Warning. Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.

15. Your Consent. By using the Sites and/or the Services, and by providing your personal information to us, you also authorize the storage, use and export of your personal information as specified herein.

16. Applicable Law. The headquarters of BB is located in the State of California, U.S.A. This Privacy Policy and our legal obligations are subject to the laws of California and the U.S.A., regardless of the location of any user. Any claims or complaints must be filed a court of competent jurisdiction in the State of  California, U.S.A.

Your Privacy Rights (California Residents)

Online Privacy Protection Policy for California Residents

(“Shine the Light” Law)

Effective as of January 1, 2005, California’s “Shine the Light” law (Cal. Civ. Code Sections 1798.80, et seq.) provides California residents with the right to receive certain disclosures when personal information that has been collected online is shared with third parties for direct-marketing purposes.

If you are a California resident and you provided personal information to BB through a website in the past, and/or if you do so in the future, you are entitled to submit a request in writing to BB for a description of the information we may have provided to third parties. To submit your written request, please send it to _contact@brookeburkebody.com and put the following words in the subject line of the email: “California Privacy Request.”

Within 30 days after receipt of your request, we will send you a list of the categories of personal information disclosed to third parties during the immediately preceding calendar year, along with the names and addresses of the third parties who actually received such information, if any.

We reserve our right not to respond to requests sent more than once in a calendar year.

Please note that the California “Shine the Light” law does not cover all aspects of on-line information sharing, and our policy relates only to information covered by the law.

Anti Spam Policy

BB is against spam and unsolicited emails and maintain CANSPAM compliance. We do not sell or provide email addresses to any unauthorized third party and do not authorize any third party or affiliate to misuse products or services created by or associated with BB in spam or bulk emails. If you feel you have received any unwanted emails from us, please contact us immediately and we will look into the matter.

BB prohibits the use of their website and/or services in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail (Spam). You may not use any BB services to send Spam. You also may not deliver Spam or cause Spam to be delivered to any customers of BB.

In compliance with the CAN-SPAM Act of 2003 (15 U.S.C. 7701, et seq., Public Law No. 108-187, was S.877 of the 108th United States Congress), e-mail sent, or caused to be sent, to or through the BB website or service or on behalf of BB may not:

  • use or contain false, misleading, invalid or forged headers
  • use deceptive or misleading subject lines
  • use or contain invalid or non-existent domain names;
  • employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
  • use other means of deceptive addressing;
  • use a third party’s internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party;
  • contain false or misleading information in the subject line or otherwise contain false or misleading content;
  • fail to comply with additional technical standards described below;
  • otherwise violate our Terms of Use.

BB does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through the website or its services. BB does not permit or authorize others to use the BB services to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses. BB does not permit or authorize any attempt to use its services in a manner that could damage, disable, overburden or impair any aspect of any of the services, or that could interfere with any other party is use and enjoyment of any BB service.

If BB believes that unauthorized or improper use is being made of any service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. BB may immediately terminate any account on any service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, the BB website and/or services. Failure to enforce this policy in every instance does not amount to a waiver of BB’s rights.

Unauthorized use of any BB services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.

Violators of the CAN SPAM Act may be subject to cease and desist orders or penalties from the FTC (Federal Trade Commission) of up to $11,000 per violation. Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds and equipment. The worst offenders can also be subject to prison time.

Do not Track

Section 22575 of the California Business & Professions Code requires website and online service operators to disclose whether they honor web browser “Do Not Track” settings. Our capabilities at this time prohibit us from honoring the “Do Not Track” web browser settings. Other third parties may or may not honor Do Not Track signals. These parties may collect personal information about your online activities over time and across different web sites when you visit the Site, for example by using cookies on our Site or Service. We at BB have no access to or control over other parties’ personal information collection practices, even those with which we may have an affiliation. You should carefully review the privacy policy and terms of any website you visit. For more information about Do Not Track, please also visit www.allaboutdnt.org.