Privacy Policy

Last updated: May 2022

This Privacy Policy describes how Statum Inc.,, a Company incorporated in Florida, with registered address at 4817 E. Okara Rd. Tampa, FL 33617-4652, United States of America  (“Company”, “we“, “our” or “us“) collect, use, and share information in connection with your use of our website Musclesburn.com (“Site“), services, and applications (collectively, the “Services”). This Privacy Policy (the “Privacy Policy“, “Policy”) does not apply to information our customers may process when using our Services.

We may collect and receive information about users of our Services (“user,” “you,” or “your“) from various sources, including but not limited to: (i) information you provide when you purchase our Services, as part of the buying and selling process; and (ii) your use of the Services.

Company is committed to complying with the data protection principles (including FTC Self-Regulatory Principles for Online Behavioral Advertising) and all relevant provisions of the Fair Credit Reporting Act (‘the FCRA’), the Controlling the Assault of Non-Solicited Pornography And Marketing (‘the CAN-SPAM Act’), the Telephone Consumer Protection Act (‘the TCPA’), and other federal and state privacy legislation of the USA.

By using our Services, you agree to the terms of this Policy and you expressly consent to the collection, use, and disclosure of your personal information in accordance with this policy.

 

Please read this Privacy Policy carefully before accessing or using our Site and Services. By accessing our Site and using the services you agree and acknowledge that you have read and accepted this Privacy Policy in its entirety and agree to be bound by and to comply to this Privacy Policy.

This Policy becomes binding on you from the moment you start using the Site and will remain in full force and effect unless and until it is terminated or modified or until you permanently stop using the Site.

 

In addition, please review our Terms and Conditions, which governs your use of the Site. By using our Site and/or the Service, you consent to our Privacy Policy and Terms and Conditions and our collection, use and sharing of your information and data, and other activities, as described below.

  1. 1. ELIGIBILITY REQUIREMENTS

1.1 Company’s Site is not directed to children, as defined under applicable law, and we do not knowingly collect Personal Data from children.

1.2 By using the Site and the Services or purchasing something from us, you represent and warrant that you are at least the age of majority in your state or province of residence, or, if not, that you have your parents or legal tutor authorization and that your parents or legal tutor is using the Site and the Services, or purchasing something from us in your behalf.

  1. INFORMATION WE COLLECT

2.1 Information You Provide to Us. Personal Information and Demographic Information. On the Site, we and our service providers may ask you to provide certain categories of information, such as: (i) personally identiable information, which is information that identies you personally, such as your rst and last name, email address, home address, mobile phone number and credit card number (“Personal Information”); and (ii) demographic information,

such as information about your gender or age (“Demographic Information”). We and our service providers may collect this information through various forms and in various places on the Site, including if you purchase a subscription to the Service, through “contact us” forms, or when you otherwise interact with the Site. If we combine Demographic Information with the Personal Information we collect directly from you on the Site, we will treat the combined data as Personal Information under this Privacy Policy.

Please be aware that credit card information provided by you on the Site will not be collected directly by us but instead by one of our credit card processing vendors. The credit card details and your name will be collected directly by a third party payment service provider that will collect payments on our behalf so you can obtain a subscription to access and use the Service.

2.2 We collect your Personal data in a number of ways and for various purposes, including:

2.2.1 ServicesPurchase. When you purchase our Services, as part of the buying and selling process, we collect the contact information including items such as your name, phone number, address, and email address.

2.2.2 Payment Information. When you add your financial information for Service’s payment such as billing name, billing address, credit card number, that information is directed to our third-party payment processor. We do not store your financial account information on our systems; however, we have access to, and may retain, user information through our third-party payment processor.

2.2.3 Cookies and Other Tracking Technologies. As is true of most websites, we gather certain information automatically and store it in log files. In addition, when you use our Services, we may collect certain information automatically from your device. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, clickstream data, landing page, and referring URL.

2.2.4 Communications. If you contact us directly, we may receive additional information about you such as the contents of the message and/or attachments you may send us, and any other information you may choose to provide. We may also receive a confirmation when you open an email from us.

  1. HOW WE USE INFORMATION

3.1 We use the information we collect in various ways, including to:

3.2 We will not retain data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.

3.3 Email marketing (if applicable and when legally allowed): With your permission and provided it is legal in your jurisdiction, we may, within time limits allowed by law, send you emails about our Site, new products and services, and other updates.

3.4 Telemarketing (if applicable and when legally allowed): Regardless of the fact that your telephone and/or cell number may be listed with the Federal Do-Not-Call Registry or your local State Do-Not-Call list, by providing us your telephone and/or cell number you are providing express written consent within the meaning of the Telephone Consumer Protection Act (“TCPA”) or any applicable law, to receive future information (including telemarketing) about products and services from us and/or our affiliates, and you hereby agree and consent to our contacting you using the information you have provided and will provide to us. This means that within the time limits allowed by law, we may contact you by e-mail, phone and/or cell number (including use of automated dialing equipment and/or pre-recorded calls), text (SMS) message, social networks or any other means of communication that your wireless or other telecommunications device may be capable of receiving (i.e. video, etc.).

3.5 You understand that the text messages we send may be seen by anyone with access to your phone. Accordingly, you should take steps to safeguard your phone and your text messages if you want them to remain private. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules, or regulations. Voice, message, and data fees, rates, charges, and taxes may apply to you, and you are responsible for payment of the same. You further acknowledge that you are not required to agree directly or indirectly or enter into an agreement regarding our telemarketing efforts as a condition of purchasing any goods or services from us or our affiliates.

3.6 If you do not want to receive marketing and non-transactional emails, calls from us, you may unsubscribe. You may opt-out of receiving any communications above at any time by providing Company with an e-mail to [email protected] with a subject line of “Opt-Out of Communications,” a list in the body of the e-mail that identifies the specific type of communication(s) that is the subject of your opt-out request (e.g., communications by automatic telephone dialing system), and a list in the body of the e-mail that identifies the telephone number(s) or e-mail address(es) (as applicable depending on the specific type of communication(s) that is the subject of your opt-out request) belonging to you which are the subject of your opt-out request.

3.7 If you wish to stop receiving text messages from us, reply to any text message we have sent you and simply text “STOP”, “END” or “QUIT”. You may also request to stop receiving text messages by calling us or emailing us using the following information: [email protected]. If at any time you need our contact information or information on how to stop text messages, reply to any text message we have sent you and simply text HELP. Message and Data Rates May Apply to any text/SMS communication.

Even if you unsubscribe, we may still contact you for informational, transactional, transactional-related, or similar purposes.

3.8 Your request to opt-out from the mailing list will be honoured by us immediately. You may not be able to opt-out of all information sharing, however, such as information sharing with credit card processors in connection with products or services that you order from us. While you have some control over marketing communication, certain transactional, relationship, and legally required communications will not be affected by the choices you have made about marketing communications.

  1. COOKIES

4.1 A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer or tablet or mobile device, if you agree. Cookies contain information that is transferred to your computer’s hard drive. A cookie file is stored in your web browser and allows the Site or a third-party to recognize you and make your next visit easier and the Site more useful to you.

4.2 Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed. Cookies are stored in your browser for not more than thirty (30) days.

4.3 We store information that we collect through cookies, log files, and/or clear gifs to record your preferences. We may also automatically collect information about your use of features of our Services, about the functionality of our Services, frequency of visits, and other information related to your interactions with the Services. We may track your use across different websites and services.

4.4 Many browsers have an option for disabling cookies, which may prevent your browser from accepting new cookies or enable selective use of cookies. You can learn how to manage cookies on your web browser by following the Browser Cookies Guide.

Blocking all cookies will, however, have a negative impact upon the usability of many websites. Please note that, if you choose not to accept cookies, some features and the personalization of our Services may no longer work for you.

If you delete cookies relating to this Site, we will not remember things about your visit, including your cookie preferences, and you will be treated as a first-time visitor next time you visit the Site.

Opting out of cookies does not otherwise limit the collection of personal information described elsewhere in our Privacy Policy.

  1. CONSENT AS BASIS

5.1 When you provide us with personal information to complete a transaction, verify your credit card, place an order with us, arrange for a delivery or return a purchase, you consent to our collecting your personal information and using it for that specific reason only.

5.2 If we ask for your personal information for a secondary reason, we will either ask you directly for your expressed consent, or provide you with an opportunity to reject collecting such information.

5.3 If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.

5.4 You may withdraw your consent by contacting us at email address [email protected], by following the opt-out instructions in the email or newsletter, or by sending mail to our Customer Service Team with address at 4817 E. Okara Rd. Tampa, FL 33617-4652.

  1. PURPOSE OF COLLECTION

6.1 We collect and process your Personal Data for a variety of purposes , like:

6.2 In certain cases, like (i) for the performance of our contractual obligations to you, (ii) to meet legal obligations or compliance with laws, regulations, court orders, or other legal obligations or to assist in an investigation, or (iii) to operate our business and provide the services, other than in performing our contractual obligations to you for our Company’s “legitimate interests” for the purposes of applicable law, separate consent is not required.

  1. YOUR RIGHTS AS REGARDS PERSONAL DATA

7.1 You are entitled to the following rights:

7.2 It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during the period for which we hold it.

7.3 Children data. As stated in Clause 1, The Site is not untended for children  and we do not knowingly collect any personal information from children younger than the age of thirteen (13) as required by U.S. law. We will delete any personal information collected that we later determine to be from a user younger than the age of thirteen (13). If you are a parent or guardian of a child under the age of thirteen (13) and believe he or she has disclosed personal information to us, please contact us at 4817 E. Okara Rd. Tampa, FL 33617-4652.

  1. PERMITTED DISCLOSURE

8.1 We may disclose your Personal Data for the purposes as described in the prior sections of this Privacy Policy, and in the following ways:

8.1.1 To Affiliates and Partners: With companies or ventures that are owned or controlled by us, and internally within our company, in order to provide and improve services, for marketing purposes, and for advertising.

8.1.2 To Service Providers and Vendors: With business partners, marketing partners, and vendors to provide, improve, and personalize our services.

8.1.3 For Certain Analytics and Improvement: With certain companies for purposes of analytics and improvement of our Services.

8.1.4 For Legal Compliance, Law Enforcement, and Public Safety Purposes: With law enforcement, government or regulatory bodies, lawful authorities, or other authorized third parties in order to comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties, to enforce our Terms, this Privacy Policy, or agreements with third parties, or for crime-prevention purposes.

  1. THIRD-PARTY SERVICES

9.1 We may hire other companies to perform certain business related functions such as processing payments and refunds on our behalf. Our payment processing partner may request that you provide certain personal information (e.g., a valid government issued ID, your legal name, address, and date of birth) for the purpose of making payment through its financial institutions and complying with any applicable laws and regulations.

They may also communicate directly with you regarding any issues with a payment. Any information provided to our third party payment processing partner will be confidential and only be used for intended purposes.

9.2 Certain third-party services, such as payment gateways and other transaction or payment processors are required to abide by security standards imposed on them, such as the Payment Card Industry Data Security Standard (PCI-DSS), which is a set of security standards designed to ensure that all payment processors that accept, process, store or transmit credit card information maintain a secure environment. All direct payment gateways we utilize adhere to PCI-DSS, which is a joint effort of brands like Visa, MasterCard, American Express and Discover, to safeguard card data handling.

9.3 Such third-party payment gateways and other payment transaction processors and other third parties have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

9.4 For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

Company will not rent or sell potentially personally-identifying and Personal Data to anyone.

9.5 Other than to its employees, contractors and affiliated organizations, as described above, Company may disclose potentially personally-identifying and Personal Data only in response to a subpoena, court order or other governmental request, or when Company believes in good faith that disclosure is reasonably necessary to protect the property or rights of Company, third parties or the public at large.

 

9.6 Our Site may, from time to time, contain links to and from the websites of our partners and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. Once you leave our Site or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Terms.

  1. DATA SECURITY

10.1 We take reasonable precautions and security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorisation. We also allow access to your personal data only to those employees and partners who have a business need to know such data. They will only process your personal data on our instructions and they must keep it confidential.

10.2 If you provide us with sensitive information, such as login credentials and credit card information, then such information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption.

10.3 However, the transmission of information via the Internet is never completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your data transmitted to the Site, any transmission is at your own risk.

  1. 4 We have procedures in place to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to.

10.5 Unless otherwise prohibited by applicable law, we shall notify you, as soon as it is reasonably possible under the circumstances but in any event no later than within 72 hours after becoming aware, of any accidental, unauthorized, or unlawful destruction, loss, alteration, or disclosure of, or access to, Personal Data (“Security Breach”) likely to result in a high risk of adversely affecting individuals’ rights and freedom. We shall also report such Security Breach as may be required by law to relevant supervisory authority within 72 hours of becoming aware, where feasible.

10.6 We shall take prompt action to investigate the Security Breach and shall use industry standard, commercially reasonable, efforts to mitigate the effects of any such Security Breach in accordance with its obligations hereunder and, subject to your prior written agreement, to carry out any recovery or other action necessary to remedy the Security Breach. Unless required to do so under applicable Privacy Law, we shall not release or publish any filing, communication, notice, press release, or report concerning any Security Breach.

  1. INTERNATIONAL DATA TRANSFERS

11.1 Our Company is a global business. We may transfer personal information to countries other than the country in which the data was originally collected. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your personal information to other countries, we will do our best to ensure a similar degree of security of data protection as described in this Privacy Policy.

By using the Site or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information in the US, and other countries as set forth in this Privacy Policy. At your request we will provide you with a list of the countries to which your personal data is transferred.

11.2 EU-U.S. and Swiss-U.S. Privacy Shield. For personal data we receive from the EEA and Switzerland, Company has certified its compliance to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from such countries.

  1. YOUR PRIVACY RIGHTS UNDER STATE LAW

12.1 Our Policy is to comply fully with the privacy policies of every jurisdiction in which we operate. Accordingly, you are free to use our Contact information to reach us at any time to assert any State rights.

12.2 Please keep in mind that you may have additional rights originating from State laws based on where you live. These State-based rights may augment, strengthen, or otherwise somehow compliment any privacy rights you have inherently or under Federal law.

12.3 For California residents: Your personal information and its collection, use, sources, and sharing are described in this Policy. Please see below for additional provisions, as required under the consumer privacy law of your state.

12.3.1 California Residents. Your rights under Cal. Civ. Code § 1798.83 (Shine the Light law): We only share personal information (as defined) with third parties for direct marketing purposes if you either specifically opt-in, or are offered the opportunity to opt-out and elect not to opt-out of such sharing at the time you provide personal information or when you choose to participate in a feature on the Service. If you do not opt-in or if you opt-out at that time, we will not share your personal information with that identified third party for direct marketing purposes.

12.3.2 Your rights under Cal. Bus. & Prof. Code § 22575(b) (“Do Not Track” Browser Settings): You are entitled to know how we respond to “Do Not Track” browser settings. Like many other websites and online services, we do not currently look foror respond to “do not track” signals To find out more about “Do Not Track,” you may wish to visit www.allaboutdnt.com/.

12.3.3 Your rights under the California Consumer Privacy Act (CCPA): Company is complying with the CCPA and considering its underlying principles in how we think about customer trust and data privacy as a core pillar of our business. CCPA provides for certain disclosures about your rights and the personal information we collect, sell, and disclose for a business purpose. To view this information or exercise your rights under CCPA, visit Your California Consumer Privacy Act Rights.

12.4 Nevada Residents: If you are a resident of Nevada, you may apply limits to the sale of certain personal information to third parties for resale or licensing purposes, subject to applicable law. Company does not sell your personal information for such use. You are entitled to register your preference for limits on such sales in the future by sending an email to [email protected].

  1. CHANGES TO THIS PRIVACY POLICY

13.1 We will continue to evaluate this policy against new technologies, business practices, changes in law, and our users’ needs, and may make changes to the policy accordingly. Please check this page periodically for updates. If we make any material changes to this policy, we will notify you here that it has been updated. Any material changes and clarifications to this policy will be effective immediately upon their posting on the Site. Your continued use of our Site after having been informed of any such changes to these Policy implies acceptance of the revised Privacy Policy. This Privacy Policy is an integral part of our Terms.

  1. SEVERABILITY

14.1 If any provision of this Privacy Policy is prohibited by law or held to be unenforceable, that provision will be severed and the remaining provisions hereof shall not be affected such that this Policy shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof.

  1. CONTACT INFORMATION

Any enquiries regarding the Personal Data provided, including the requests for access to, correction, or removal of your Personal Data, should be addressed at:

Email: [email protected]

Company does not provide any guaranteed response time but will make a good faith effort to answer questions within five (5) business days.