PRIVACY POLICY

Last Updated SEPTEMBER 2023

1. Overview

Bmega.coach (“Bmegacoach,” “we,” “us,” and “our”) respects your privacy and is committed to protecting it through compliance with this Privacy Policy (“Privacy Policy”). This Privacy Policy describes how we collect and protect your Personal Information when you visit our website at https://bmega.coach or otherwise use the Platform as described further in the Terms of Service, and that you may provide in electronic messages to Bmega.coach.

Please read this Privacy Policy to understand our policies and practices regarding your Personal Information and how we will protect it. By accessing or using the Platform, you agree and consent to this Privacy Policy.

2. The Types of Information That Bmega.coach Collects About You and How Bmega.coach Collects Information About You

Bmega.coach may collect two types of information from you when you visit the Platform: Personal Information and Non-Personal Information (collectively “Information”).

  • “Personal Information” refers to data by which you may be personally identified, such as name, email address, employer, job title and department, and telephone number.

  • “Non-Personal Information” means data that is about you, but does not identify you specifically. If you do nothing during your visit to our Platform but browse, read pages, or view content, we will gather and store Information about your visit that does not identify you personally.

We collect Information:

  • Directly from you when you provide it to us. When you subscribe to a newsletter, create an account, make a purchase or request information from Bmega.coach, we will ask for things like your name, contact, billing, shipping and communication information, and account ID or credentials in order to fulfill your request. If you set up an appointment with us through the Platform, attend a trade show or event, or otherwise contact us, you may also voluntarily provide similar information. If you submit any Personal Information about other people to us or to our service providers, you are responsible for making sure that you have the authority to do so and to allow us to use their Personal Information in accordance with this Privacy Policy (for example, by You asking for their consent).

  • Automatically as you navigate through the Platform or during the time in which you utilize our Services. We collect information about how you interact with the Platform through the use of cookies, pixel tags, and similar technologies. Please view our separate Cookies Policy for more information on our use of cookies and similar technologies, how you can manage cookies and how we respond to Do Not Track signals.

3. How Bmega.coach Uses Personal Information It Collects About You and the Purposes for the Collection and Use

We use Personal Information that we collect about you or that you provide to us for the following purposes:

  • For Functionality and Development of the Platform and Bmega.coach Services. We use information to provide, offer, and personalize the Platform and other Bmega.coach Services provided to you.  Some information, like your IP address, is used to communicate with your device to provide network connectivity, measure usage levels of the Platform, diagnose server problems and provide security features. Other business purposes that depend on use of your information include data analysis related to testing, modifying, improving or developing new products, services and technologies, and to identify trends. We use cookies to make our websites and the Platform operate, work more efficiently, and provide analytic information. Technologies similar to cookies, such as pixel tags are also used in connection with the Platform.

  • For Customer Support, Platform Updating and Reporting. The Platform may use information to provide Bmega.coach with updates and reports, and to check that the Platform is working properly.  Update functions may automatically check your system to see whether files need to be refreshed, updated, or modernized, in order to provide you with the up-to-date security, versions, features, options and controls associated with your systems or devices.  We rely on information to analyze performance and improve and maintain the Platform. We also rely on Personal Information you provide to us to provide you with customer support for the Platform and other Bmega.coach Services, and to verify eligibility for promotional offers.

  • For Business Operations. We use information to operate our business; for example, to perform accounting, auditing, billing, reconciliation, and collection activities. Other business purposes that depend on use of your Personal Information include crime or fraud monitoring and prevention, protecting our legal rights, and performing contractual obligations. We also use Personal Information to contact you to advertise, market and sell Bmega.coach Services in accordance with your communications preferences.

  • To Communicate. We use contact information to send messages; to provide Bmega.coach Services; to respond to customer service requests; to provide alerts such as security updates or changes in our policies or about subscriptions that are ending; and to send marketing or informational materials like newsletters or white papers, in accordance with your communication preferences.  We occasionally conduct surveys, or do focused research or studies which may require you to voluntarily share Personal Information in order to participate.  These activities typically have additional notices that provide more information about the use of your Personal Information and to which you may be asked to consent.

  • For Advertising and Marketing. We may use Personal Information collected from you, combined with information about what advertisements you viewed and other information we collect, to enable us to provide personalized content and to study the effectiveness of advertising and marketing campaigns.  You may choose whether to allow or deny uses or sharing of your device’s location by changing your device settings, but if you choose to deny such uses or sharing, we may not be able to provide you with certain personalized Bmega.coach Services and content on the Platform.

  • For Statistical Purposes to Improve the Platform. We may compile Platform statistics into traffic reports, which help Bmega.coach understand, anticipate, and respond to user needs.  If we learn, for example, of heightened interest in certain aspects of the Bmega.coach Platform, we are likely to highlight that information on the Platform home page. This Information helps us create a better overall experience for Platform users.

LEGAL BASIS FOR OUR USE (APPLICABLE ONLY TO EEA AND UNITED KINGDOM VISITORS): If you are in the European Economic Area or the United Kingdom, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.

However, we will collect Personal Information from you only where we have your consent to do so, where we need the Personal Information to perform a contract with you, where we have a legal obligation to do so, or where the processing is in our legitimate interests (such as processing for administrative purposes, direct marketing, product development or improvement, preventing fraud or criminal acts and in support of information security) and not overridden by your data protection interests or fundamental rights and freedoms. 

If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the time of collection. We will also tell you whether the requirement for that information is mandatory and explain any consequences to you if you do not provide the information.

Similarly, if we collect and use your Personal Information based on our legitimate interests (or those of any third party), we will take reasonable steps to provide clear notice and describe our legitimate interests.

Bmega.coach is the Data Controller of all Personal Information collected through the Platform in the EEA and the United Kingdom, except with respect to the Services (where Bmega.coach is the Data Processor) or where a supplemental Privacy Policy says otherwise. The contact details for Bmega.coach are set out in the “CONTACT US” section.

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information for any specific processing activity, please contact us using the contact details provided under the “CONTACT US” Section below.

RETENTION OF YOUR PERSONAL INFORMATION: We will only retain your Personal Information for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements and for other purposes described in this Privacy Policy.  We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. In some circumstances you can ask us to delete your data: see “YOUR LEGAL RIGHTS” below for further information.  And in some circumstances we will anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

4. How Bmega.coach Protects Your Information

The Platform is designed to provide reasonable and appropriate administrative, technical and organizational security measures to protect your Personal Information against risks such as temporary or permanent loss, destruction, and unauthorized or unlawful access, alteration, use or disclosure. We require our suppliers and vendors to apply similar protections when they access or use Personal Information that we share with them. Users of the Platform must also do their part in protecting the data, systems, networks, and service they are utilizing.  No technology, data transmission or system can be guaranteed to be 100% secure.  If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that your password to any Bmega.coach account has been compromised), please immediately notify us by contacting us using the instructions in the “CONTACT US” section below.

 
 

5. Information From Children

We do not knowingly collect, use, or disclose Information from children under 16.  If we learn that we have collected the Personal Information of a child under 16—or the equivalent minimum age depending on the jurisdiction, such as 13 in the United States per the Children’s Online Privacy Protection Act—we will take steps to delete the information as soon as possible.  If you are under 16, do not provide any Information about yourself to Bmega.coach, including your name, address, telephone number or email address. If you become aware that Information of a child under 16 years of age has been provided, please use one of the methods provided under the “CONTACT US” section below.

6. Links to Other Websites and Services

We are not responsible for the practices employed by websites or services linked to or from the Platform, including the information or content contained therein.  This Privacy Policy does not address, and we are not responsible for, the policies and practices of third parties or other organizations that are not operating on Bmega.coach’s behalf, including policies and practices related to privacy and security, data collection, processing, use, storage, and disclosure.  This includes: (a) any third party operating any site or service to which the Platform links – the inclusion of a link on the Platform does not imply endorsement of the linked site or service by us or by our affiliates; or (b) any app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer (such as Facebook, Apple, Google, Microsoft, LinkedIn, etc.) – including any Personal Information you disclose to other organizations through or in connection with the Platform or other Bmega.coach Services.

7. Do Not Track

Some browsers incorporate a “Do Not Track” (“DNT”) feature that, when turned on, signals to websites and online services that you do not want to be tracked.  At this time, the Platform does not respond to DNT signals.

8. YOUR LEGAL RIGHTS

Bmega.coach respects your rights in how your Personal Information is used and shared. Depending on where you live, you may have rights to request access or corrections to your personal data and make choices about the kinds of marketing materials you receive (or choose not to receive marketing from Bmega.coach at all). See below for more information, depending on your location.

9. European Privacy Rights

If you are in Europe, you may have additional rights under the GDPR, the UK GDPR, or nFADP.  Additional choices and rights may be available to you depending on which Bmega.coach Services you use.

  • Access, Correction to or Deletion of Your Information. If you would like to correct or update your Personal Information, or to request access to or deletion of your Personal Information, you may contact us by visiting the Platform or by using the contact details provided under the “CONTACT US” section below.  If you request a change to or deletion of your Personal Information, please note that we may still need to retain certain information for recordkeeping purposes, and/or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). Some of your information may also remain within our systems and other records where necessary for compliance with applicable law. At your request and where the law requires us to do so, we will confirm what Personal Information we hold about you.  You may also have a legal right to obtain a copy of your Personal Information.  You can make such a request by making a written request in one of the ways described in the “CONTACT US” section below.  We may charge a processing fee for this service where permitted by law and we will require evidence of your identity before fulfilling your request.

  • Data Privacy Rights Specific to Individuals in the European Economic Area, the United Kingdom, and Switzerland. You can object to processing of your Personal Information, ask us to restrict processing of your Personal Information, or request portability of your Personal Information.  You can exercise these rights by making a written request in one of the ways described in the “CONTACT US” section below.

    Similarly, if we have collected your Personal Information with your consent, you can withdraw your consent at any time.  Withdrawing your consent will not affect (1) the lawfulness of any processing we conducted prior to your withdrawal, or (2) processing your Personal Information under other legal bases.

    If you believe we are using your Personal Information in a way that is inconsistent with this Privacy Policy or for more information about your rights, contact your local data protection authority.  Additionally, under the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and/or the Swiss-U.S. DPF, you may contact JAMS Mediation, Arbitration, and ADR Services (https://www.jamsadr.com/eu-us-data-privacy-framework) to address complaints and provide appropriate recourse free of charge to you.  Under certain conditions, you may invoke binding arbitration.

  • Advertising and Marketing Choices. We give you many choices regarding our use and disclosure of your Personal Information for advertising and marketing purposes.  You may access or update your contact details and modify your communication preferences by using one of the methods provided under the “CONTACT US” section below.  Please also note that if you choose not to receive marketing communications from us, we may still send you communications related to your products or the Platform, such as information about a security update, service issue or product delivery.  Some advertising content is delivered through the Platform’s use of cookies and similar technologies.

10. How To Contact Us About This Privacy Policy

To ask questions about this Privacy Policy and our privacy practices, contact us at support@helpmecoach.ai