Section 1: How We Use Your Information

By visiting the Progress Wellness application, you consent to the terms included in this Privacy Statement. Visiting our application typically will not require registration, so you may visit without telling us who you are. When you download the application, you do so in accordance with the billing requirements set in place with your cellular carrier and/or cloud servicer, as the application itself charges a one-time download fee.  Additionally, when you purchase something from us, as part of the buying and selling process, we collect the personal information you give us, such as your name, address and email address.  In the event Progress Wellness has a concern regarding the identity of the natural person making a processing request, we may request additional information to confirm your identity.  We may collect and use Personal Data to provide you with products or services which we think may be of interest to you, or to communicate with you for other purposes which are evident from the circumstance or about which we inform you when we collect Personal Data from you.

When you utilize our application, we also automatically receive your device’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our program, new products and other updates.  Progress Wellness utilizes MailChimp[1] as our email service provider; you may opt out at any time by contacting our Privacy Compliance Officer.  We may also use the information we have to develop, test, and improve our application.

Section 2: Controller

Progress Wellness processes personal data as a Processor as defined in the GDPR.[2] Progress Wellness is an entity with whom you enter into an agreement when you use our platform.  BuildFire hosts Progress Wellness’ application, and will be the controller for User data.  Progress Wellness will also be the Processor of all data.  Progress Wellness adheres to the Directive of 1995 and the GDPR from May 25, 2018.  Consequently, Progress Wellness processes all data provided by its Users with accounts in its European Data Region in the European Economic Area (“EEA”) only.

All data collected by Progress Wellness will be stored exclusively in secure hosting facilities provided by BuildFire[3].  All hosting is performed in accordance with the highest security regulations.  All internal transfers of data in the EEA are done in accordance with this data processing agreement.

 

Section 3: Consent

When you provide us with Personal Data to complete a transaction, verify your credit card, place an order, or return a purchase, you give us your consent to access and use that specific Data.

If we ask for your Personal Data for an additional reason, we will either ask you directly for your expressed consent, or provide you with an opportunity to opt out of sharing that Data.

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you for the continued collection, use or disclosure of your information, at any time, by contacting us at angela@progresswellness.com or mailing us at:

399 Boylston Street, Suite 900A, Boston, MA 02116

Section 4: Disclosure – Your Rights

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

Progress Wellness promises to never process Personal Data that may reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, or data concerning a person’s health or sexual orientation without explicit consent, unless doing so with Personal Data that has been made public by the User.

We may use automated decision making in processing your personal information for some services and products.  We may also share generic aggregated demographic information (metadata) regarding Users with our business partners and advertisers.  You can request a manual review of the accuracy of an automated decision if you are unhappy with it.

Section 5: International Privacy Laws

If you are visiting Progress Wellness from outside the United States, be aware that you’re sending information, including Personal Data, to the United States where our servers are located.  That information may then be transferred within the United States or back out of the United States to other countries outside of our country of residence, depending on the type of information and the manner in which it is stored.  These countries may not necessarily maintain similar data protection legislation as comprehensive as those in your country of residence.  Regardless of your point of access, our collection and use of your Data will at all times continue to be governed by this Privacy Policy.

Section 6: Third Party Services

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies with respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

By using our application, you (the User) agree to allow third parties to process your IP address in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when utilizing our application so that the prices can convert to your (the visitor) local currency.  Users may opt to set individual browser preferences to refuse cookies or to receive notification when cookies are being used.

When you click on links within the application, they may direct you away from our site. We are not responsible for the privacy practices of other sites and we encourage you to read their privacy statements.

Section 7: Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.  We cannot ensure or warrant the security of any information you transmit to Progress Wellness or guarantee that your Personal Data may not be accessed, disclosed, or destroyed by breach of any of our industry standard physical and managerial safeguards.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Section 8: Age of Consent

By using this application, you represent that you are at least sixteen years of age or older.

Section 9: Changes to This Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the policy agreement. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.  We will give you the opportunity to review the changes before continuing to use the application.

If our application is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to contact you.

This Privacy Policy was last updated September 2018.

Section 10: Data Retention

Billing information is retained for a period of seven (7) years in accordance with accounting and taxation laws.  Information related to legal transactions with Progress Wellness is retained for a period of ten (10) years.

In the unlikely event Progress Wellness has released data to the public and erasure has been requested, we will take all steps reasonably necessary to inform other Data Controllers that you have requested your Data be deleted or erased.

Contact Us:

You may contact Progress Wellness at any time should you wish to access or amend any Personal Data we have stored about you, or request that we delete any Data we have stored.  At your request, any reference to you or Personal Data will be deleted and blocked in our database. In most instances, we will take action on your request immediately, but in rare cases it may take up to one month to process the request.  You may also update or correct your Personal Data at any time by contacting our Privacy Compliance Officer, and you can confirm that we have made any requested changes or deletions to your Personal Data by contacting us and requesting a Statement of Confirmation of Erasure.

We welcome any feedback if you have questions regarding our privacy policy of the use of your information.  If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at angela@progresswellness.com or by mail at

399 Boylston Street, Suite 900A, Boston, MA 02116

[1] MailChimp is a separate entity with a separate Privacy Policy, most recently updated July 23, 2018.

[2] General Data Protection Regulation, https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679 (May 25, 2018)

[3] BuildFire is a separate entity with a separate Privacy Policy, most recently updated April 25, 2018.