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Privacy Policy

LOUFERRIGNO.COM Website Use and Privacy Policy

(“Privacy Policy”)

FERRIGNO FIT, LLC. and FERRIGNOFIT.COM (collectively, “Ferrrigno FIT”) is dedicated to providing an informative and useful website on and through the domain name FERRIGNOFIT.COM (“Website”).  As a part of the operation of the Website and the Ferrigno FIT training and nutritional program and services (“Online Services”), Ferrigno FIT may gather certain information about its Users.  This Privacy Policy applies to the Website and Online Services and governs data collection and usage of the same.  Prior to registering for Ferrigno FIT services, requesting any other Ferrigno FIT service, or entering any of the Website’s contests, sweepstakes or promotions, Users are required to read and acknowledge this Privacy Policy.  Furthermore, by using the Website and/or Online Services, Users do hereby warrant and represent they have read, understand, and agree to all terms and conditions stated herein, including Ferrigno FIT’s Terms of Use, which govern the use of Online Services and the Website and is incorporated herein by reference, and Users do hereby give Ferrigno FIT permission to use and store any and all information consistent with this Privacy Policy and Ferrigno FIT’s Terms of Use.

Ferrigno FIT recognizes the importance of protecting privacy and operates accordingly to secure the sensitivity of all information.  This Privacy Policy covers the Website and Online Services and outlines the type of information collected and used, and the steps taken to safeguard it.  Ferrigno FIT remains committed to transparency, accountability, and particularity regarding the collection and use of all personal information.

Information Collected by this Site

FERRIGNOFIT.COM is an informational website that provides health and fitness news, programs, videos, meal plans, products, advice and consultation.  To facilitate the relationship of the User with Ferrigno FIT and its Online Services, Ferrigno FIT collects two types of data: personal data submitted by Users, to include personal information such as names, e-mail addresses and other information specific to services either requested or provided; and non-personal aggregate data such as traffic volume and usage patterns.

Personal Data

Personal data is gathered when Users voluntarily provide personal information to the Website, for example, when requesting registration to or using the Online Services, registering for contests or promotional opportunities, answering surveys, purchasing goods and merchandise or registering for email or other services.  Personal data is also gathered when Users provide personal information to Ferrigno FIT by email, telephone, profile inbox, Skype and online chat.  Personal data is gathered automatically when Users visit the Website (please see “Aggregate Data” section below).  Additionally, personal data is gathered from third Parties, including, but not limited to, verification services, payment processing services and other online and offline sources.

The information Ferrigno FIT collects may include: first name, last name, city, state, address, ZIP code, telephone number, e-mail address, username, password, and any and all other information specific to the service either requested or provided.  Ferrigno FIT may also collect anonymous demographic information, not unique to Users, such as age, gender and household income.  Should Users register with the Website and/or its Online Services, Ferrigno FIT may collect the User’s credit card information and billing address.  Registering for the Website and/or Online Services is voluntary.

Any information submitted by a User through a Website blog, message board, chat room or any other online thread (“Forum”) may be read, collected, or used by other users of these Forums, and may be used to send unsolicited messages.  Ferrigno FIT shall not be held responsible or liable for the submission or resulting use of such information.

Ferrigno FIT limits the collection and use of User information to the minimum required to develop and deliver its services and to fulfill any and all legal requirements.  Providing information is voluntary and Users can always choose not to provide it by choosing not to use the Website and/or Online Services.  Users may browse the Website without disclosing any personal information.  However, registration of the Website and/or participation in Online Services may require Users to provide personal information.

Names and other personal information may be released to affiliated (by contract, equity or otherwise) persons and/or entities of Ferrigno FIT.  By using the Website and/or Online Services, Users consent to the release of personal information to affiliated persons and/or entities of Ferrigno FIT.  Names and other personal information may also be released to any non-affiliated persons and/or entities directly associated with a User’s instructions or requests for products and/or services from such non-affiliated persons and/or entities (including, without limitation, Ferrigno FIT services) and/or to potential or actual acquirors of any or all of Ferrigno FIT’s equities or assets.  By instructing or requesting a product and/or service from such non-affiliated person and/or entity, Users consent to the release of the personal information to such non-affiliated person and/or entity.  While such affiliated entities are also required to abide by privacy restrictions at least as restrictive as those set forth in this Privacy Policy, Ferrigno FIT shall not be held responsible or liable for any issues arising out of the release of such personal information.  By using the Website and/or Online Services, Users do hereby agree to hold Ferrigno FIT harmless for any and all claims and/or damages that may arise from the actions of any third Party affiliation.

The names of contest winners and participants may be used in connection with promotions.  Names and other personal information may also be released to the sponsors of contests for the sponsors’ use in connection with the promotion.  By entering a contest or promotion, Users consent to the release of such personal information to the contest or promotion sponsor.

Direct disclosure of individually identifying information or personally sensitive data through a User’s home page, linked sites, or other Forum may make such information available for the use and collection by others.  Ferrigno FIT encourages Users to review the privacy statements of websites they choose to link from the Website to understand how those websites collect, use and share information about Users and/or their computer.  Ferrigno FIT is not responsible for the data collection, data usage, privacy statements or content on other websites.

Other than identified in this Privacy Policy, Ferrigno FIT generally does not disclose any User information to third Parties.  However, Ferrigno FIT will disclose personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Ferrigno FIT; (b) protect and defend rights or property; and (c) act under exigent circumstances to protect the personal safety of Website Users, Ferrigno FIT employees or the public.

Ferrigno FIT may communicate with Users from time to time about promotions, offers or contests, conduct surveys about User opinions of Ferrigno FIT, its staff, performance, Website or Online Service.  If Users do not wish to receive these communications they may contact Ferrigno FIT or choose to “opt-out” of receiving such communication during the registration process.  Only authorized staff of Ferrigno FIT has access to User personal information in its entirety.  Other staff may have access to portions of this information as it pertains to the duties and functions of their job.

Ferrigno FIT may obtain information about Users from third Parties and social networking sites, databases, online marketing and ad targeting firms (“Platforms”) including, but not limited to a User’s username and connection lists for such Platforms, demographic data and advertisement interaction and viewing data.  Ferrigno FIT uses such information to facilitate Online Services, editorial updates, promotional messages, and electronic newsletters.  Such promotions, notifications and Online Services may be sent to a User’s mobile number upon prior User consent.  Free content access requires web advertisements.  The information practices of third Party advertisers or other Platforms in correlation to Ferrigno FIT, the Website and/or Online Services are not covered by this Privacy Policy.

Aggregate Data

Aggregate data includes information about User traffic on the Website, such as which pages are being visited, the order in which the pages are being visited, which hyperlinks are being ‘clicked’, and how many Users are visiting the Website.  Information about a User’s computer hardware and software may be collected automatically by the Website, to include browser type, operating system, domain names, access times, and bandwidth speeds.  The Website may also log IP addresses of its Users.  While logging IP addresses does not collect personal information, it may provide information on the geographical location from which Users access the site.  This aggregate data is not used to identify individual Users.  Instead, it is used to identify Website Users as a whole, including demographic information and preferences in content and advertising, maintain quality of service, and web traffic patterns.

This Website may place small files, called ‘cookies’ onto a User’s computer.  Cookies are data files that websites write onto computer hard drive for record keeping purposes when Users visit them.  The cookie file then identifies the User as a unique user.  As a convenience feature, cookies simplify the process of recording personal information, so that, for example, Users do not have to enter names, addresses or passwords repeatedly.  Cookies also allow Users to customize some Website features.

Users can program their browser not to accept cookies, but in doing so, may be unable to access some parts of the Website, and the Website will not be able to customize features according to a User’s preferences.

While on the Website Users may receive cookies from third Party advertisers or promotional partners.  These cookies are outside the control of Ferrigno FIT, are not subject to the Privacy Policy, and Ferrigno FIT is not responsible for such third Party cookies.

Information Selection and Security

Ferrigno FIT may retain User information for an indefinite length of time, unless required by law to delete such information from Ferrigno FIT’s database.  Ferrigno FIT will respond to User requests to delete or correct personal information.  User accounts are password-protected so that only Users and authorized staff of Ferrigno FIT have access to such account information.  To maintain this protection, Users should not give their password to anyone.  If Users are contacted by an individual or entity who represents themselves as Ferrigno FIT staff and asks for any personal information, including a User’s password, Users should check the URL of such individual or entity.  If the URL is not a @ferrignofit.com address, the User should not provide such information.  Users should always sign out of their Website account and close their browser window to ensure account security protection.

Ferrigno FIT makes every effort to ensure that User information is secure on its system through the use of firewalls.  Extremely sensitive information, such as credit card information, is always transmitted in encrypted form.  Unfortunately, no data transmission over the Internet is guaranteed to be completely secure.  As such, Ferrigno FIT cannot guarantee the security of User information, and thereby, Users transmit such information at their own risk.  While Ferrigno FIT will use commercially reasonable efforts to ensure the security of all sensitive and personal information, Ferrigno FIT expressly disclaims any and all liability for any unauthorized access to or use of its secure servers and/or any and all personal and/or financial information stored therein, and User agrees to hold Ferrigno FIT harmless for any and all damages that may result therefrom.

Users may deactivate their Ferrigno FIT account at any time.  Upon account deactivation, Ferrigno FIT will disable the User’s profile, but any and all User information publicly provided will remain on the Website.  Ferrigno FIT is not required to remove or edit any such information resulting from User publishing such information.

Children’s Online Privacy Protection Act Compliance

While the Website and/or Online Services are restricted to Users age eighteen (18) years and older, Ferrigno FIT recognizes that as the operator of a website where the collection of children’s individually identifying information may occur, Ferrigno FIT complies with the Children’s Online Privacy Protection Act (COPPA).  Such compliance includes specifying when and how Ferrigno FIT obtains verifiable consent from the parents of children whose information is collected, and the responsibilities of Ferrigno FIT in protecting the privacy and safety of children in an online environment.  Ferrigno FIT has provided a clear, prominent and distinguishable link to this Privacy Notice on the Website’s home page, registration page, and each additional page where Ferrigno FIT collects personal information.

COPPA regulations apply to any and all individually identifiable information collected online from or about a child, to include the interests and hobbies of the child, or any other information that would allow another person to identify, contact or locate the child.  The individually identifying information may be collected either directly from the parent or passively through cookies or other types of tracking mechanisms.  Ferrigno FIT uses individually identifying information to develop and deliver its services and to fulfill legal requirements, as well as to notify the User from time to time.  Any and all individually identifying information collected shall not be used for marketing or advertising purposes.  Any and all individually identifying information collected shall not be disclosed to any third Parties, except for instances where it is necessary to verify such information.  When verifying information, Ferrigno FIT requires agreement by the third Party to maintain the confidentiality and security of the individually identifying information.

In the instance where a child’s individually identifiable information may be collected through the Site and/or Services, it shall be by:

      Ferrigno FIT

      P.O. Box 642797

      Los Angeles, CA 90064

privacy@ferrignofit.com

As a parent providing individually identifiable information about a child, Users have the option to agree to the collection and use of the child’s information without consenting to the disclosure of the information to third Parties.  Ferrigno FIT will not request individually identifying information about a child, but should there be an instance where such information is collected, Ferrigno FIT does not require the disclosure of more individually identifying information about the child than is reasonably necessary to participate in the Website and/or Online Services.  As a parent Users have the right to review and delete all individually identifiable information that has been provided, as well as the right not to provide any further information.  The Website is available for use only by persons over the age of eighteen (18), therefore as a parent providing information about their child, Users hereby consent to the collection of such information.

Under Section 5 of the FTC Act it is a deceptive practice to represent that a Website collects individually identifying information from a child for one reason when the information will be used for another reason that a parent would find material – and when the Website does not disclose the other reason clearly and prominently.

Changes to this Privacy Policy

Ferrigno FIT will occasionally update this Privacy Policy to reflect company and User feedback, or changes in applicable law.  As such, Ferrigno FIT encourages Users to periodically review this Privacy Policy to remain informed of how Ferrigno FIT utilizes or discloses User information.  Continued use of the Website constitutes User’s consent to any and all such changes.  Users may contact Ferrigno FIT if they do not understand any of the terms or conditions of any of the policies contained herein.

Please note that chat rooms, forums, message boards, and/or new groups may be available on this Website.  Any information disclosed in these areas becomes public information and Users must exercise caution and discretion when deciding to disclose personal information.

This Privacy Policy, the Website and/or Online Services, and any claim relating to them are governed by California law.  Any claim relating this Privacy Policy, the Website and/or Online Services shall be brought in a federal or state court in Los Angeles County, California, within one year after the claim arises.  Users of the Website and/or Online Services consent to the sole and exclusive jurisdiction of courts located in Los Angeles County, California, as the most convenient and appropriate for the resolution of disputes concerning this Privacy Policy.  The Website and Online Services are controlled, operated and administered entirely within the United States.  Use of the Website and/or Online Services from locations outside the United States where these practices are illegal or violate any law is prohibited.

California Visitors

Residents of the State of California may request a list of all third Parties to whom this Website has disclosed certain information for the third Parties’ direct marketing purposes during the preceding year.  If User is a California resident and would like a copy of this list, please contact Lou Ferrigno at carlamayferrigno@gmail.com.  For all requests, Users must insert the phrase “Your California Privacy Rights” in the body of the request and include the name of the website, the User’s name, street address, city, state and zip code.  Lou Ferrigno will not accept requests via telephone, mail, or by facsimile, and shall not be held responsible for notices incomplete or improperly labeled.

Contact Information

Questions about this Privacy Policy should be directed to carlamayferrigno@gmail.com