Privacy Policy and Terms of Use

Thank you for visiting tovaabelmancoaching.com (hereinafter “Website,” “Site,”), owned by Ketoproject LLC (hereinafter, “Company,” “we,” “us,” “our”).

Please see the Company’s contact information at the bottom of this statement should you have any questions.

We respect and value the privacy of everyone who visits our Site and will only collect and use information in a manner consistent with your rights and our obligations under the law.

This Privacy Policy applies only to your use of this Website, coaching services with Tova, and the Whole Health app. It does not extend to any websites that are linked to from our Site (whether we provide those links or whether they are shared by other users). We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.

PERSONAL INFORMATION

For purposes of this Privacy Policy, “personal information” means any information that could identify you as an individual through information that is unique to you. This type of information is often referred to a “unique identifier,” which is a numeric or alphanumeric string of characters that can be used to uniquely identify an individual. Obvious unique identifiers are name, address, and phone number. Other unique identifiers include your email address, a website URL, billing information, Internet Protocol (IP) addresses, or any other data that could reasonably be linked to your identity.

Unique identifiers can be used for various purposes, including remembering your browsing preferences, your purchase history, directing advertising specifically to you, collecting information about your browsing history, as well as determining whether emails sent to you by us were received and/or opened.

We also use the information we collect from your use of our existing programs and services to help us develop new ones, and at times to send you personalized ads based on your particular interests.

Unique identifiers are sometimes stored in “cookies” (see below) to help websites display certain content in your browser, and to remember, for example, your preferred language.

We may also collect information from the content you provide to us through our products and services. Be advised that this content may also include personal information that would also be protected by our Privacy Policy.

WHY WE COLLECT AND STORE INFORMATION FROM YOUR COMPUTER

As indicated above, data regarding your computer hardware and software, including your IP address, browser, dates and times of access, domain names, and websites that referred you here, may be collected by the Site for purposes of improving the quality of the information and services provided; to understand our visitors’ preferences; to make improvements to our visitors’ overall experience of this website; and to personalize this experience where doing so would improve the enjoyment of the Site.

With the data we collect from your computer hardware and software, we are able to learn about the number of visitors to our Site and the types of technology visitors use on our Site. However, we do not track or record information about individuals and their visits (unless they are willingly participating in one of our programs) and we do not share this data with anyone outside the Company unless necessary for law enforcement purposes (see “disclosure exceptions” below). In other words, while we may be tracking what your computer is doing, we are not tracking the various individuals that may be using a particular computer unless they have identified themselves as a participant in one of our programs.

INTERACTING WITH YOU

The information we collect from you, specifically your email address, is used to interact with you directly. While we may use your data for marketing purposes, which may include contacting you by email with information, news and offers about our products and services from time to time, we will not send you any unsolicited marketing materials or spam and promise to take all reasonable steps to ensure that your privacy rights are protected.

If you’re already a client, we use your information to communicate with you directly as a method of providing information about how to use our programs.

You always have the option to unsubscribe from all mailings by clicking the “unsubscribe” link at the bottom of all emails we send. You may also email us directly about your privacy preferences. (See our contact information below.)

PROCESSING YOUR PERSONAL DATA

Your Personal Data will be processed by us only if we have a lawful basis for doing so. “Processing” generally includes actions that can be performed in connection with data such as collection, use, storage and disclosure. Lawful bases for processing data include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.

Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Services that require such data.

First and last name
Email address
Password
Access to content (such as classes, membership, or courses)

Legitimate Interest: We may process the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.

First and last name
Email address
Location information
IP address
Your activity on the Services, including class usage information and community interaction data

Examples of these legitimate interests include:

Operation and improvement of our business, products and services
Personalization of web content on the Service
Analyzing the use of the Services
Marketing of our products and services
Provision of customer support
Protection from fraud or security threats
Compliance with legal obligations
Completion of corporate transactions

Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.

GATHERING PERSONAL DATA WITH YOUR CONSENT

Personal information that uniquely identifies you is only gathered with your explicit authorization and only in exchange for information, products, or services, whether free or paid. Be advised that if you choose not to provide this information you will not be able to receive information, products, or services offered by us to you as we will not have the means to deliver it to you.

We will only process your personal data if at least one of the following applies:

You have given consent to the processing of your personal data;
Processing is necessary for the performance of a contract to which you are a party;
Processing is necessary for compliance with a legal obligation to which we are subject;
Processing is necessary to protect the vital interests of you or of another natural person;
Processing is necessary for the performance of a task carried out in the public interest; and/or
Processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by one’s privacy rights or where the data subject is a child.

You always have ultimate control over the information you receive from us. Note that some of your information may be shared with third party payment processors and credit card companies in order to process payment transactions and the delivery of our products and/or services to you.

Any information that we may reasonably provide to other trusted businesses in order to process business transactions you choose to have with us are always in accordance with our instructions and comply with the terms of this Privacy Policy and the confidentiality we promise to uphold on your behalf. For example, we may use a third party service provider for customer support purposes.

We will never intentionally disclose any information regarding your personal identification to any third party without your consent. If you choose to provide us with such information, you agree to receive information, products, or services from this website.

If at any time you wish to opt-out, or unsubscribe, you may do so by clicking “unsubscribe” at the bottom of any email you receive from us, or by notifying the Company directly. See our contact information below. You always have the ability to manage your contact information.

We will always ask for your permission before using any of your personal information for a purpose that has not been covered in this Privacy Policy.

Be advised that when you click and follow a link on this Website that takes you to another website, your interactions outside of this website are no longer protected by our Privacy Policy.

NOTE: We may share information that does not include a unique identifier and would not reasonably be considered “personal data” in that it does not include information that would allow anyone to identify you as an individual. For example, advertisers or outside services may use non-personal data to enhance the experience of a visitor to their websites.

THIRD PARTY ANALYTICS SERVICE PROVIDERS

As indicated above, this Website may use third party analytics service providers to evaluate and provide us and/or third parties with information about the use of the Website and viewing of content on the Site.

Third party analytics service providers may use cookies to track certain behavioral usage information regarding users of your computer through use of their own tracking technologies. Third party cookies and other tracking technologies are not controlled by us, even if they use our technology to store or collect data. This Privacy Policy does not apply to the methods for collecting information used by third party analytics service providers or the use of the information that such third party analytics service providers collect. Note that the relevant third party analytics service providers’ terms of use, privacy policies, permissions, notices and choices should be reviewed by you regarding their collection, storage and sharing practices. We make no representations regarding the policies or practices of third party analytics service providers.

GOOGLE ANALYTICS

We may use Google Analytics to gather data that allows us to understand how our website and the services we offer are being used, and to improve both our website visitor and client experiences.

OPTING OUT OF GOOGLE ANALYTICS TRACKING

You can install the Google Analytics Opt-out Browser Add-on by clicking here.

You can also opt out of Google’s use of cookies by visiting Google’s ad settings and/or you may opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page.

FACEBOOK

We strictly abide by Facebook’s Data Use Restrictions when advertising on Facebook.

SUBSCRIPTION TERMS AND PRICING

Read the full Subscriptions End User License Agreement at:

https://www.apple.com/legal/internet-services/itunes/dev/stdeula/

Whole Health is an auto-renewing annual subscription for $14.99/year, for unlimited premium features while you maintain an active subscription.

Payment will be charged to the credit card connected to your iTunes Account when you confirm the initial subscription purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current subscription period. Your account will be charged for renewal within 24-hours prior to the end of the current period, and the cost of the renewal will be identified. You may manage your subscription and auto-renewal may be turned off by going to your Account Settings after the purchase. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription, where applicable.

WEBSITE TERMS OF USE

Please read the following statement carefully and check back periodically to review any changes, modifications, additions, or deletions that may occur from time to time without notice.

The following Terms and Conditions (“Terms”) shall govern your use of tovaabelmancoaching.com (hereinafter “Website”), owned by Ketoproject, LLC (“Company” “we” “our”).

This website contains general information about nutrition, health, weight loss, and diets. Information on the website is not personal health advice and should not be treated as such. Before beginning any program mentioned on the Website, we advise speaking to your doctor. We do not advise relying on the information on this website as an alternative to medical advice from your doctor or professional healthcare provider. If you have any questions about any medical matter, consult your doctor or other professional healthcare provider. We are not providing health care, medical, or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical or psychological advice whatsoever.

These Terms are intended to govern your use of this Website, and your continued use of this Website constitutes your acknowledgment of having read the terms and conditions stated herein and your agreement to be bound by these terms and conditions.

If you do not agree to be bound by these Terms you are not permitted to use this website.

LIMITATIONS ON USE

This website is intended for persons eighteen (18) years of age or older Any registration by, use of, or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions.

Much of the Content that appears on this Website can be accessed for free. In exchange for this free access you agree that you will not remove, or allow a third party to remove, modify, or copy any part of the Content for your personal or business use or that of another person’s personal or business use.

NOTICE OF COPYRIGHT, TRADEMARK, PATENT, TRADE SECRETS

All Content is the intellectual property of the Company and/or its affiliated companies and licensors and is therefore protected by copyright, trademark, patent, trade secrets and/or other intellectual property or proprietary laws. Any use, republication, removal, alteration, modification, or copying of the Content, is strictly prohibited. This means you may not republish or redistribute any part of the Content, whether in written or digital format, without the prior express consent of the Company. Distribution of any of the Content to others, whether you paid for the Content or not, is strictly prohibited without prior consent. To obtain such consent please contact the Company by referring to the section titled “Contact Information,” below.

The Company reserves all of its rights in the Content and in this Website. Nothing in these Terms grants you a right or license to use any trademark, design right, or copyright owned or controlled by the Company or any other third party except as expressly provided in these Terms.

This website is copyright of Ketoproject LLC. All rights reserved. Reproduction of all or any substantial part of the contents in any form is prohibited. No part of the site may be distributed or copied for any commercial purpose without express approval.

YOUR PERSONAL INFORMATION

Should you choose to provide personal information to the Website, you agree that it will be true and accurate. Using a name other than your own legal name is prohibited.

INFORMATION SUBMITTED TO THIS WEBSITE BY YOU

The information provided to us by you shall be used in accordance with this Website’s Privacy Policy.

You hereby warrant that you are the rightful owner of any and all information you submit to the Company via this Website, and you further warrant that you have complete authority to submit said information. Furthermore, you hereby grant the Company a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to the Company via this Website.

SUBMISSIONS & COMMENTS

We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the site (“submit”) messages, recipes, text, images, graphics, photos, comments, information, content, and/or other materials (“User Content”). We have the right to publish, edit or reject any User Content that you send us either via email or in writing via post for any purpose whatsoever, commercial or otherwise, without payment to you – unless we have specifically agreed otherwise in writing prior to submission.

By submitting User Content to us, simultaneously with such posting you automatically grant to us a worldwide, fully-paid, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, record, sell, lease, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, publish and otherwise exploit the User Content (in whole or in part) as Ketoproject LLC deems appropriate. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content.

Subject to the rights and license you grant to us under these terms of use, you retain all your right, title and interest in your User Content submissions. This means that copyright in your User Content will remain with you and that you can continue to use the material in any way, including allowing others to use it.

You agree that you will not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other right owned by a third party without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit. You represent, warrant, and covenant that you will not submit any User Content that:

• violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, moral right, or other third party right of any person or entity;

• impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, obscene, harassing or otherwise objectionable;

• contains a formula, instruction, or advice that could cause harm or injury;

• the licensed use by us hereunder would result in us having any obligation or liability to any party.

We rely on you to present us with User Content that contains accurate and factual material. We assume no responsibility for the accuracy of information provided in any of the Applications.

Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.

We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes.

MODIFICATION OF THESE TERMS AND CONDITIONS

The Company has the right to change, modify, add, or delete any part of the Terms of this agreement, and at any time, without notice. You agree to review these terms periodically and acknowledge that by continuing to use this Website you accept any changes or modifications to these Terms.

INDEMNITY/LIMITATION OF LIABILITY

These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the website, including our Privacy Policy.

TERMINATION OF ACCESS

In the event of termination of these Terms for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, any license(s) you may have granted to the Company, and all other provisions for which survival is equitable or appropriate. The Company may assign its rights and duties under these Terms to any party at any time without notice to you.

CONTACT INFORMATION

If you have any questions, concerns, or problems related to this Website, please contact tovaabelmancoaching@gmail.com

DATA COLLECTION TECHNOLOGIES WE USE

We may use various technologies to collect and store information, including cookies, (text files placed on your hard drive by our server to store information about the way you use our Site so that it can recall that information in order to personalize your next visit).

Certain features of our Site may depend on cookies to function. These Cookies are deemed to be “strictly necessary” under the most stringent privacy laws.

You may also restrict your internet browser’s use of cookies. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept cookies but this can be changed. For further details, please consult the help menu in your Internet browser or the documentation that came with your device.

You may also choose to delete cookies at any time however you will likely lose any information that enables you to access our Site more quickly and efficiently.

DATA OBTAINED FROM THIRD PARTIES

We follow what are considered generally accepted industry standards to protect the personal data submitted to us, however no method of transmission or electronic storage can ever be 100% secure. For this reason we cannot guarantee the absolute security of such data.

The Company may obtain data indirectly from third parties such as social networks and other public sources, including public databases.

The transmission of any sensitive information (such as credit card number) you provide to us on order forms that are hosted by third party service providers is encrypted using secure socket layer technology (SSL).

RETENTION AND STORAGE OF YOUR PERSONAL INFORMATION

The Company retains your personal information only for as long as reasonably necessary to fulfill the purpose for which it was collected, as well as to comply with applicable laws. Thereafter we may store data you have provided in aggregate. You may make a request to remove any data that you have provided to us by emailing us at tova@tovaabelmancoaching.com

We take appropriate technical and organizational measures to ensure a level of security appropriate to the level of risk.

DISCLOSURE EXCEPTIONS

This website will disclose your personal information, without notice, but only if:

It is required to do so by law;
As required by service of process;
To defend our rights and property;
To protect the personal safety of visitors to this website.

SECURITY

The security of your personal information is extremely important. We use internal security protocols to make sure it cannot be accessed or altered. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

CHILDREN

This website is intended for persons eighteen (18) years of age or older. This website will not knowingly contact or collect personal information from anyone under 13. This website does not intend to solicit information of any kind from, or market to, persons under the age of 13.

WHEN THIS PRIVACY POLICY DOESN’T APPLY

This Privacy Policy does not apply to third parties that may advertise our services or to companies who may link to this Website. Neither does it apply to websites to which we may include links in our informational materials and in our services.

POLICY CHANGES/REVISIONS

The Company reserves the right to change this Privacy Policy, without notice, at its discretion, by posting updates on this website. You are encouraged to revisit this page periodically in order to stay informed of any changes. The Privacy Policy posted at any time via this website shall be deemed to be the Privacy Policy then in effect.

It is incumbent upon you to make reasonable efforts to review our Site’s Privacy Policy from time to time so as to become aware of any changes, revisions, or modifications. Continued use is deemed approval of all changes.

CORRECTING OR UPDATING YOUR INFORMATION

You are invited to help us keep your personal data up to date by notifying us of any changes to your personal information. You may contact us to correct or update your personal information.

HOW TO CONTACT THE COMPANY

If you have any questions or concerns regarding this website’s Privacy Policy, or how your personal data is being used by the Company, please contact us by email at:

tovaabelmancoaching@gmail.com

Please put “ATTN Privacy Protection Officer” in the subject line.

Privacy Policy and Terms of Use

WEBSITE TERMS OF USE

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