JCD Lifestyle, LLC, the parent company of Breathe(TM) monthly self-care subscription service ("we”, "our", “us”, or "JCD Lifestyle") values its visitors’ privacy. Please read on further for the terms of our privacy policies. We reserve the right to make changes and amendments to these terms from time to time.
By creating an account at the site, purchasing/receiving a product, signing up for a giveaway or login in to the site using social media connect, you agree to receive free content and/or promotional offers from us, any of our affiliates and/or 3rd parties.
INFORMATION COLLECTED AUTOMATICALLY
When you use our Services, some information is automatically collected. For example, when you use our Services, your geographic location, how you use the Services, information about the type of device you use, your mobile network information, your Open Device Identification Number (“ODIN”), date/time stamps for your visit, your unique device identifier (“UDID”), and your browser type, operating system, Internet Protocol (IP) address, and domain name are all collected. This information is generally used to help us deliver the most relevant information to you and administer and improve the Services.
As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to maintain and improve the performance of the Services.
When you use our services, we may collect and process information about your actual location. If you have enabled location services on your phone, we collect your location information to help personalize your user experience. If you do not want this information collected by us, you can disable location services on your phone.
PERSONAL INFORMATION THAT MAY BE COLLECTED
Personally identifiable information
When you sign up for an account for our Services (an “Account”), you provide us your full name, e-mail address, phone number, password, and zip code to register with us or connect to the Service via a Social Networking Site, or “SNS” (defined below).
In order to make a purchase, JCD Lifestyle or our third party payment provider will request a user to provide certain personal identifying information, which may include: name, postal address, e-mail address, telephone number, facsimile number, method of payment, and if applicable, credit card number in order to process the transaction. JCD Lifestyle may request additional information necessary to establish and maintain a customer’s account. When you receive a shipment, we record what you keep and what you return.
If you participate in one of our surveys, we may collect additional profile information.
If you participate in a sweepstakes, contest or giveaway on our Services, we may ask you for your e-mail address and/or home phone number, to notify you if you win. We may also ask for first and last names, and sometimes post office addresses to verify your identity. In some situations we may need additional information as a part of the entry process, such as a prize selection choice. These sweepstakes and contests are voluntary.
We may also collect personal information at other points in our Services that state that personal information is being collected.
Service Quality Monitoring
If you provide us feedback or contact us via e-mail or through the Services, we will collect your name and e-mail address, as well as any other content included in the message.
Information From Children
JCD Lifestyle does not sell products or services for purchase by children, and will not collect or post information from a child under the age of 13. You must be at least 13 years old to use JCD Lifestyle‘s Web site(s) and service(s). JCD Lifestyle does not knowingly collect information from children under 13. (See the U.S. Children’s Online Privacy Protection Act.)
Lost or Stolen Information
If your credit card and/or password is lost or stolen, you should promptly notify JCD Lifestyle in order to enable JCD Lifestyle to cancel the lost or stolen information and to update our records with a changed credit card and/or password.
Chat Rooms, Forums, and Bulletin Boards
If you participate in a chat room, discussion forum, or post content (text, images, photographs, videos, messages, comments or any other kind of content) on our Services, you should be aware that the information contained in your posting will be stored in our servers and be broadly available to other users of the Services who will be able to see it if you post it in an area made public, such as comments on our blogs or social media posts. Your expressed opinion is your own and should not be considered as reflecting the opinion of JCD Lifestyle. We also retain information on your behalf, such as messages you send (including the content of the message and the recipient data) using your Account.
Information Collected from Social Networking Sites
USES MADE OF THE INFORMATION
It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services.
“Personally identifiable information” means information that can be used to identify you as an individual, such as, for example:
your name, company, e-mail address, phone number, billing address, and shipping address
your JCD Lifestyle or Breathe website user ID and password
any account-preference information you provide us
your computer’s domain name and IP address, indicating where your computer is located on the Internet
session data for your login session, so that our computer can ‘talk’ to yours while you are logged in.
If you do provide personally identifiable information to us, either directly or through a reseller or other business partner, we will:
take commercially reasonable precautions to protect the information from loss, misuse and unauthorized access, disclosure, alteration and destruction;
not use or disclose the information except:
as necessary to provide services or products you have ordered, such as (for example) to agents – we sometimes engage other companies and individuals to perform business functions on behalf of JCD Lifestyle. These persons are provided with personal identifying information required to perform their functions which include, but are not limited to, fulfilling orders, delivering packages, processing credit card payments, etc.;
JCD Lifestyle reserves the right to disclose to third parties personal information about customers for marketing analysis and statistics; however, any information disclosed will be in the form of aggregate data that does not describe or identify an individual customer. We may work with a number of companies that assist in marketing our services to you on third party websites. These companies may collect information about online activities conducted on a particular computer, browser or device over time and across third-party websites or online services for the purpose of delivering advertising that is likely to be of greater interest to you, on our sites and apps and those of third parties. Some of these companies we may work with include but are not limited to, Instagram, Facebook, Twitter, Pinterest, Linkedin, Squarespace and Google AdWords. If you would like more information about including the Self Regulatory Principles for Online Behavioral Advertising to which we adhere, and/or to exercise your choices about not having this information used for behavioral advertising, visit www.aboutads.info/choices and/or optout.networkadvertising.org. To better understand how these companies use your information, please see the privacy policies available on their respective websites;
as certain circumstances may require – personal information may be subject to disclosure pursuant to a judicial or other governmental subpoenas, warrants, or orders;
to outside auditors who have agreed to keep the information confidential;
as necessary to enforce the Terms of Service;
as necessary to protect the rights, safety, or property of JCD Lifestyle, its users, or others; this may include (for example) exchanging information with other organizations for fraud protection and/or risk reduction.
USE OF COMPUTER TRACKING TECHNOLOGIES
No Tracking of Personal Information
JCD Lifestyle’s Breathe Site is not set up to track, collect, or distribute personal information not entered by visitors. Through site access logs, JCD Lifestyle does collect clickstream data and HTTP protocol elements, which generate certain non-identifying site usage data, such as the number of hits and visits to the Site. This information is used for internal purposes for user analysis and business decision making, which help us provide better services to you. The statistics garnered, which contain no personal information and cannot be used to gather such information, may also be provided to third parties.
JCD Lifestyle and/or its third party vendors collect non-identifiable and personal information through the use of various technologies, including “cookies”. A cookie is an alphanumeric identifier that an Internet site can transfer to your hard drive through your browser. The cookie is then stored on your computer as an anonymous tag that identifies your computer, but not you. Cookies may be sent by JCD Lifestyle or its third party vendors. You can set your browser to notify you before a cookie is received and/or transmitted, giving you an opportunity to decide whether to accept the cookie. You may also set your browser to turn off and disable cookies; however some Internet sites and some and/or all of our features may then not work properly.
Collection of Non-Identifiable Information
JCD Lifestyle may collect non-identifiable information from user visits to the Site in order to provide better customer service. Examples of such collecting include: traffic analysis, such as tracking of the domains from which users visit, or tracking numbers of visitors, or measuring visitor activity on our Site. Such information is sometimes also known as “clickstream data.” This information may be used individually or in the aggregate, for other additional purposes including technical administration of our Site, research and development, customer and account administration, analysis of trends and statistics, and to help us focus our marketing efforts more precisely.
EXTERNAL DATA STORAGE
We may store your data on servers provided by third party hosting vendors with whom we have contracted.
The Services allow you to invite your friends to sign up for the Services by sharing a referral link via an SNS, e-mail or other means, or by sending invitations throw Breathe's referral page on the website. If you choose to upload your contacts to the Service, we will receive and store those contacts’ information and use it to send invitations on your behalf when you choose to do so. When you refer someone via our Site, your referral will include your name and, if shared with us, your photo. If you provide us with a photo, you hereby consent and allow us to include that photo and your information with your referral.
YOUR PRIVACY RESPONSIBILITIES
To help protect your privacy, be sure: not to share your user ID or password with anyone else; to log off the Breathe Web site when you are finished; to take customary precautions to guard against “malware” (viruses, Trojan horses, bots, etc.), for example by installing and updating suitable anti-virus software.
NOTICE TO EUROPEAN UNION USERS
JCD Lifestyle‘s operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) to the United States. By providing personal information to us, you are consenting to its storage and use as described herein.
Commitment to Online Security
JCD Lifestyle employs physical, electronic, and managerial procedures to safeguard the security and integrity of personal information. Billing and payment data is encrypted whenever transmitted or received online, Personal information is accessible only by staff designated to handle online requests or complaints, or agents and contractors with whom we may contract with to help execute the Services in the future.
No Liability for Acts of Third Parties
JCD Lifestyle will exercise all reasonable efforts to safeguard the confidentiality of customer personal information. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure. Consequently, JCD Lifestyle shall not be liable for unauthorized disclosure of personal information due to no fault of JCD Lifestyle including, but not limited to, errors in transmission and unauthorized acts of JCD Lifestyle staff, agents and/or third parties.
YOUR CHOICES REGARDING INFORMATION
You have several choices regarding the use of information on our Services:
If you decide at any time that you no longer wish to accept cookies from our Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify cookies, please let us know at the contact information provided below.
Changes to Personal Information.
You may change your personal information in your Account by editing your profile within your Account. You may request that we delete your personal information in your Account, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information for fraud prevention or similar purposes.
Information Disclosed to Third Parties
You have the right at any time to cease permitting personal information to be collected, used, or disclosed by JCD Lifestyle and/or by any third parties with whom JCD Lifestyle has shared and/or transferred such personal information. Right of cancellation may be exercised by contacting JCD Lifestyle or Breathe via e-mail at email@example.com. After processing the cancellation, JCD Lifestyle will delete customer or prospective customer’s personal information from its data base.
ACCESS RIGHTS TO DATA
Information Maintained by JCD Lifestyle
Upon your request, we will provide a reasonable description of what types of personally identifiable information JCD Lifestyle maintains in its data bank. JCD Lifestyle can be contacted by e-mail at firstname.lastname@example.org.
Corrections and Changes to Personal Information
Help JCD Lifestyle keep your personal information accurate. If your personal information changes, or if you note an error upon review of your information that we have on file, please promptly e-mail JCD Lifestyle at email@example.com. and provide the new or correct information.
Questions, Comments, Problems and Complaints
SOCIAL MEDIA CONTENT POLICY AND ACKNOWLEDGMENT
In addition to any rights we may have in Your Content or Comments, by posting content, including but not limited to photographs, videos, comments, and your applicable social media handle to JCD Lifestyle/Breathe-labeled social media, posting such content to your social media accounts using the tag #breathecuration or otherwise associating such content with the tag #breathecuration or other hashtags sponsored or affiliated with JCD Lifestyle/Breathe (“Social Media Content”), you grant JCD Lifestyle and any of its third-party content management providers (collectively, the “Licensing Parties”) a perpetual, irrevocable, royalty-free, non-exclusive, transferable, sublicensable right and license to display, copy, publish, distribute, transmit, print, create derivative works from, alter, edit and/or use your Social Media Content in any manner to be determined in JCD Lifestyle’s sole discretion, including but not limited to on webpages and social media channels operated by JCD Lifestyle, and for other marketing and promotional purposes, in any media now or hereafter known, with no obligation to you whatsoever. To the extent your social media username, real name, image, appearance, voice, likeness, caption, location or other identifying information (“Identifying Information”) are included as part of your Social Media Content, you hereby grant the Licensing Parties the right and license to use such Identifying Information in connection with any use of your Social Media Content. We will make commercially reasonable efforts to credit you for any such Social Media Content by posting your handle or byline, however we make no assurance to do so and you agree that we are not required to do so.
When you use the hashtag #breathecuration or other hashtags sponsored or affiliated with JCD Lifestyle/Breathe, you represent and warrant that (i) you own all rights in and to your Social Media Content, or are not aware of any third-party rights that must be obtained to grant the Licensing Parties the rights provided herein; (ii) all person(s) appearing in your Social Media Content have granted permission for the uses and rights described herein; (iii) you are of legal age to consent to this agreement; and (iv) you are not aware of any reason why the use of your Social Media Content by the Licensing Parties as described herein will violate the rights of any third party or any law. You agree you will not post or encourage others to post Social Media Content that is unlawful, harassing, defamatory, obscene, libelous, or otherwise objectionable.
Except with respect to Your Content, you acknowledge and agree that, as between you and JCD Lifestyle, JCD Lifestyle owns all rights, title and interest (including all intellectual property rights) in the Service and all Content and other materials within the Service. The Service is protected by U.S. and international copyright, trademark, patent and other intellectual property laws and treaties. Either reserve all rights not expressly granted to you.