Effective Date: 4/5/2023

    1. General Purpose

    SOTA Weight Loss (“COMPANY”) has developed this Privacy Policy to demonstrate its commitment to protecting the privacy of users of the sotaweighloss.com website (our “Site”) and the web-based portal (the “Portal”) (collectively, the “Web Services”).  This Privacy Policy is intended to summarize and inform you of our general privacy and data protection practices regarding the collection, use, and disclosures of information when you use our Site, and the choices you have with respect to that information.

    Please read this Privacy Policy carefully so that you can make an informed decision regarding whether to use our Services. When reading this Privacy Policy, please note that the term “including” (as well as related terms such as “include” and “includes”) means “including, but not limited to,” and is meant to be inclusive not exclusive.

    By accessing and continuing to use our Site, you are consenting to the practices described in this Privacy Policy.  Your consent includes authorization for the Company to collect, receive, store, use, and disclose your information in accordance with this Privacy Policy and applicable law. 

    1. Data Collected through User Submissions

    We collect and store information that you voluntarily submit to us, including via registration or form block submission (collectively, “Voluntary information”). If you voluntarily identify yourself by sending us an email, we collect and store your email address and any other information you provide in your email. As described in more detail below, we may use this information for our operational and commercial purposes, including to contact you, identify you, and send you information, including marketing information, about our products and services.

    While using our Site, we may ask you to provide us with certain information, which we may also use for our operational and commercial purposes above. Such information may include:

    • Email address
    • First and last name
    • Phone number
    • City and state
    • Age
    • Height
    • Weight
    • Details related to your weight loss goals
    • Preferences, such as preferred location and time of day to be contacted

    You are not under any obligation to provide this information. However, if you withhold certain information, we may not be able to provide certain services to you.

    We share this information with our online hosting provider, website plugin providers, and third-party web developers (collectively, our “Web Service Providers”) pursuant to their terms and conditions and privacy policies so that they can provide website services to us.  

    1. Data Collected through User Visits, Interactions, and Activities

    We use cookies, pixels, and other online tracking technologies to collect information, including to understand visitor activity on our Site and to help improve visitors’ experience while using our Site.

    Cookies are small text files that we use to help us collect data and to enhance your experience with our Site.  For example, cookies allow us to recognize repeat visitors and provide expanded functionality. You consent to our use of both session cookies and persistent cookies.  Session cookies expire once you close our Site and persistent cookies stay on your mobile device or computer until deleted by you.  We may use cookies for various purposes, including, but not limited to analyzing which portions of our Site are visited and used most frequently and to personalize your experience with our Site.   More information about the cookies that may be dropped on your device can be found by visiting https://allaboutcookies.org/.

    If you do not want us to deploy cookies through our Site, you can opt out by setting your mobile device or computer to reject cookies.  You can still use our Site if you choose to disable cookies, although your ability to use some of the features may be affected.  Additional information that may be collected by cookies and other such tracking technology during your use of our Site may include:

    • Information about your browser type and language, network, and device
    • Referring and exit web pages and URLs
    • Your IP addresses (static and dynamic)

    Information collected from your use of our Site includes (collectively, with information from cookies, the “Use Information”):

    • Clicks while using our Site
    • Internal links visited
    • Pages visited
    • Scrolling
    • Timestamps

    We share this Use Information with Google Analytics, our website analytics provider, to learn about site traffic and activity.

    1. Data Collected through Third Party Social Media Services

    The Company receives additional user information, such as demographics and geolocation (collectively, “Social Media Information”), from social media services like Instagram and Twitter. The Company does not control the privacy policies of third-party social media services. When you disclose information to social media services, you are subject to the privacy policy of that service. It is your responsibility to find out about the privacy policy of any such third-party social media services. You agree to defend and hold the Company harmless from any and all claims regarding your disclosure of information to third-party social media services unaffiliated with the Company.

    1. Purposes and Legal Basis for Collecting User Information

    The table below lists our purposes for collecting user information as well as the legal justifications (“legal basis”) under data protection law that allows us to do so.

    Purpose for processing your dataLegal basis Categories of personal data used for that purpose
    To responds to user inquiries and communicate with users regarding the Company’s servicesLegitimate interest in communicating with customers; ConsentVoluntary Information
    To personalize and provide weight loss recommendations to the Company clients  Performance of a contractVoluntary Information
    For marketing purposes such as sending the Company promotional emailsLegitimate interest in promoting the Company’s servicesVoluntary Information, Use Information, Social Media Information
    To comply with a legal obligation that we are subject to, including requests from law enforcementCompliance with legal obligationsVoluntary Information, Use Information
    To evaluate and develop new features for the Web Services and the Company’s weight loss services Legitimate interest in improving user and client experiencesVoluntary Information, Use Information, Social Media Information
    1. How Information is Used and Shared

    You authorize us to collect, use, share, disclose and store the above Voluntary Information, Use Information, and Social Media Information (collectively, the “Information”) as follows. 

    • Affiliated Third Parties. In order to provide products and services, we engage with certain third-party individuals and companies (collectively, “Third Party Service Providers”), including our Web Service Providers, to perform functions on our behalf.  You expressly authorize us to share the Information with our Third-Party Service Providers.  We will provide our Third-Party Service Providers with access to the Information collected above only to the extent necessary to allow them to perform their functions and to the extent permitted by law. 
    • Unaffiliated Third Parties. We will not sell, share, or license the Information to unaffiliated third parties, such as advertisers and marketing companies. 
    • Data Analytics.  In an ongoing effort to better understand our users and our Site, we may analyze certain Information in aggregate form to operate, maintain, manage, and improve the Site. This aggregate information does not identify you personally. We may share or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties to the extent necessary to improve our Site.  We may also disclose aggregated user statistics to describe the Site to current and prospective business partners and investors. 
    • Internal Sharing.  We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under our common control.
    • Transmission of Information.  We may transmit the Information to and from third party servers, which may include transmitting the Information across third party communication protocols and networks.  You expressly consent to our transmission of Information across third party communication protocols and networks and agree to defend and hold the Company harmless from any and all claims relating to the same.
    • Storage of Information.  We may store the Information on our servers or on servers owned by third parties, whether in the United States or elsewhere. We will use reasonable efforts to ensure that the Information is stored on secure servers with privacy practices that offer the same or equal protection of the Information as in this Privacy Policy.
    • Sale of Business or Transfer of Assets.  We may sell or buy businesses or assets during the growth of our company. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
    • Disclosure Required by Law.  We may disclose the Information when required by law, court order, or other government or law enforcement authority or regulatory agency.  By agreeing to the terms of this Privacy Policy, you waive all rights and agree to hold the Company harmless from any claims resulting from any action taken by the Company during or as a result of law enforcement or regulatory investigations and from any actions taken at the direction of law enforcement or regulatory authorities.
    • Disclosure When Necessary Or Advisable.  We may disclose the Information whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property (including Intellectual Property), or safety of us or others, including you.
    • Troubleshooting and Dispute Resolution.  We use the Information to resolve disputes, and troubleshoot problems.
    1. Disclosures You Make to Third Parties

    The Company does not control the privacy policies of any unaffiliated third parties.  When you disclose information to unaffiliated third parties, you are subject to the privacy policy of that third party. It is your responsibility to find out about the privacy policy of any such third parties.  You agree to defend and hold the Company harmless from any and all claims regarding your disclosure of information to third parties unaffiliated with the Company.

    1. Emails

    You may receive marketing or promotional communications from us upon submitting Voluntary Information. You can opt out of these communications by clicking on the “unsubscribe” link located on the bottom of any of our e-mails. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our databases. You cannot opt out of receiving transactional e-mails or messages related to the Site, such as requests for support and other like communications, and as described in more detail below.

    We may share certain Information, such as your email address our email marketing provider so that they can send certain emails on our behalf.

    Marketing Emails

    We may send you marketing emails, which you can unsubscribe from by clicking the link at the bottom of the email.

    Account Emails

    If you are a Company client, we may email you with messages about your access to the password-protected area of the Site. For example, we may email you with information regarding login information. It’s not possible to unsubscribe from these messages as they are critical to our provision of services to you.

    1. Do Not Track

    We do not monitor, recognize, or respond to any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings or signals. Further, we do not authorize third parties to collect any personally identifiable information about individuals who visit our site without separate and express user consent.

    10.       Fonts

    This Site uses font files from third party plugins. To properly display this site to you, servers where the font files are stored may receive personal information about you, including:

    • Information about your browser, network, or device
    • Your IP addresses
    1. How We Protect Your Information

    We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet or other communication protocols. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. We retain all Information indefinitely but will delete a user’s Information upon request by that user.

    12.       Important Notices to Non-U.S. Residents

    The Site is operated in the United States. If you are located outside of the United States, please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Site, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.

    13.       Children

    IF YOU ARE 13 YEARS OR YOUNGER, PLEASE DO NOT USE THE COMPANY WEBSITE OR ANY OF ITS SERVICES FOR ANY PURPOSE AT ANY TIME.

    The Site is intended for use by adults only.  We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Personal Information from any child under the age of 13.  If a child under the age of 13 has provided us with Personal Information, a parent or guardian of that child may contact us and request that such information be deleted from our records. Users who provide information about their children have the same rights with respect to their children’s information as they do with respect to all other Information provided, including the rights to erase, rectify, and access.

    14.       Accessing and Deleting Information and Communication Preferences

    If you have provided any Voluntary Information to us, you may request a copy of your Voluntary Information or that we permanently delete your Voluntary Information in our possession at the time the request is made by contacting us below. 

    15.       Changes to This Privacy Policy

    This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. The Company reserves the right to change this policy from time to time and in its sole discretion.  Any such changes will be posted to the Site. We may also send you notices by email or through the Site after we make any such changes to this Privacy Policy. Each time you use the Site, the current version of the Privacy Policy will apply. By accessing the Site after we make any changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Accordingly, when you use our Site, you should check the “Effective Date” at the top of the Privacy Policy and review any changes or updates since your last visit.

    16.       Governing Law

    This Privacy Policy will be governed by the laws of the United States of America and the state of Washington without regard to its conflict of laws principles. Users agree that the state and federal courts in King County, Washington will have personal jurisdiction over them in connection wit any such disputes.

    17.       Your Data Protection Rights

    The Company would like to make sure you are fully aware of all your data protection rights. Every user is entitled to the following:

    • The right to be informed. You have a right to be informed of the personal data we process about you and how we process it. We inform you through this Privacy Policy and by answering your specific questions when you contact us. 
    • The right to access. You have a right to request copies of your personal data by contacting us. We may charge you a small fee for this service.
    • The right to rectification. You have the right to request that the Company correct any information you believe is inaccurate. You also have the right to request the Company to complete the information you believe is incomplete.
    • The right to erasure. You have the right to request that the Company erase your personal data, under certain conditions.
    • The right to restrict processing. You have the right to request that the Company restrict the processing of your personal data, under certain conditions. 
    • The right to object to processing. You have the right to object to the Company’s processing of your personal data, under certain conditions.
    • The right to data portability. You have the right to request that the Company transfer the data that we have collected to another organization or directly to you. 
    • The right to withdraw consent. You have the right to withdraw your consent in any instances where you have given the Company consent to process your data.
    • The right to lodge a complaint. You have the right to contact your local data protection authority about any questions or concerns. 

    If you would like to exercise any of these rights, please contact us.

    18.       How to Contact Us

    If you have any questions about this Privacy Policy, please e-mail us at: support@sotaweightloss.com.