This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Business, for the purpose of CCPA/CPRA, refers to the Company as the legal entity that collects Consumers' personal information and determines the purposes and means of the processing of Consumers' personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers' personal information, that does business in the State of California.
• CCPA and/or CPRA refers to the California Consumer Privacy Act (the "CCPA") as amended by the California Privacy Rights Act of 2020 (the "CPRA").
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Shift Your Pain LLC, 2108 N ST STE N, Sacramento, CA 95816. For the purpose of the GDPR, the Company is the Data Controller.
• Consumer, for the purpose of the CCPA/CPRA, means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Country refers to: California, United States.
• Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
• GDPR refers to EU General Data Protection Regulation.
• Personal Data is any information that relates to an identified or identifiable individual.
  
  • For the purposes of GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
  • For the purposes of the CCPA/CPRA, Personal Data means any information that identifies, relates to, describes or is capable of being associated with, or could reasonably be linked, directly or indirectly, with You.
• Service refers to the Website.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Website refers to Shift Your Pain, accessible from http://www.shiftyourpain.com.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable. Under GDPR, You can be referred to as the Data Subject or as the User as you are the individual using the Service.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Bank account information in order to pay for products and/or services within the Service
• Audio and Visual Information (such as recordings of live video coaching sessions, subject to your explicit consent)
• Usage Data

When You pay for a product and/or a service via bank transfer, We may ask You to provide information to facilitate this transaction and to verify Your identity. Such information may include, without limitation:

• Date of birth
• Passport or National ID card
• Bank card statement
• Other information linking You to an address

Usage Data

Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Information from Third-Party Social Media Services

The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services: Google, Facebook, Instagram, Twitter, LinkedIn.

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account. You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication.
• To provide You with news, special offers and general information about other goods, services and events which we offer.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, and determining the effectiveness of our promotional campaigns.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, for payment processing, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention and Transfer of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about You. Our Service may give You the ability to delete certain information about You from within the Service. You may also contact Us to request access to, correct, or delete any personal information that You have provided to Us. Please note, however, that We may need to retain certain information when we have a legal obligation or lawful basis to do so.

Disclosure of Your Personal Data

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency). The Company may disclose Your Personal Data in the good faith belief that such action is necessary to comply with a legal obligation, protect and defend the rights or property of the Company, prevent or investigate possible wrongdoing in connection with the Service, protect the personal safety of Users of the Service or the public, or protect against legal liability.

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Please note: While We employ strict, commercially acceptable security measures to protect your sensitive personal and health-related information, Shift Your Pain LLC provides health coaching and educational services. We are not a medical provider or a "Covered Entity" under the Health Insurance Portability and Accountability Act (HIPAA). Therefore, the information you provide is not protected by HIPAA, though it is protected by the terms of this Privacy Policy and applicable state consumer privacy laws.

Detailed Information on the Processing of Your Personal Data

The Service Providers We use may have access to Your Personal Data. These third-party vendors collect, store, use, process and transfer information about Your activity on Our Service in accordance with their Privacy Policies.

Client Management and Coaching Platforms

We utilize third-party platforms to schedule appointments, host telehealth sessions, and manage client records securely.

• Practice Better: We use Practice Better as our primary client portal and Electronic Health Record (EHR) system. Their Privacy Policy can be viewed at https://practicebetter.io/privacy/
• Zoom: We use third-party video conferencing tools to conduct live coaching sessions. Their Privacy Policy can be viewed at https://explore.zoom.us/en/privacy/
• Google Workspace: We use secure, paid Google Workspace applications (including Google Drive and Google Calendar) for internal scheduling and the secure storage of select client records. Google's Privacy Policy can be viewed at https://policies.google.com/privacy

Analytics

We may use third-party Service providers to monitor and analyze the use of our Service, such as Google Analytics. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

Payments

We may provide paid products and/or services within the Service. In that case, we may use third-party services for payment processing (e.g. payment processors). We will not store or collect Your payment card details. That information is provided directly to Our third-party payment processors whose use of Your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS.

• Stripe: Privacy Policy can be viewed at https://stripe.com/us/privacy
• PayPal: Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full
• Square: Privacy Policy can be viewed at https://squareup.com/legal/privacy-no-account
• Venmo: Privacy Policy can be viewed at https://venmo.com/legal/us-privacy-policy/

GDPR Privacy

(For full details regarding Legal Basis for Processing, Your Rights under the GDPR, and Exercising of Your GDPR Data Protection Rights, please review the standard European Union guidelines. Shift Your Pain LLC undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights by contacting us.)

CCPA/CPRA Privacy Notice

This privacy notice section for California residents supplements the information contained in Our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.

Categories of Personal Information Collected

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of personal information which we may collect or may have been collected from California residents within the last twelve (12) months.

• Category A: Identifiers. Collected: Yes.
• Category B: Personal information categories listed in the California Customer Records statute. Collected: Yes.
• Category C: Protected classification characteristics under California or federal law. Collected: Yes. (Examples include age or gender provided during intake).
• Category D: Commercial information. Collected: Yes.
• Category E: Biometric information. Collected: No.
• Category F: Internet or other similar network activity. Collected: Yes.
• Category G: Geolocation data. Collected: No.
• Category H: Sensory data. Collected: Yes. (Examples include audio/video recordings of coaching sessions).
• Category I: Professional or employment-related information. Collected: No.
• Category J: Non-public education information. Collected: No.
• Category K: Inferences drawn from other personal information. Collected: No.
• Category L: Sensitive personal information. Collected: Yes.

Sources & Use of Personal Information

We obtain the categories of personal information listed above directly from You, indirectly from You, automatically from You, and from our Service Providers. We use this information to operate our Service, respond to inquiries, fulfill your purchases, and for internal administrative purposes.

Disclosure & Sale of Personal Information

We may disclose personal information for business purposes. As defined in the CCPA/CPRA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer's personal information by the Business to a third party for valuable consideration. We do not sell personal information as the term sell is commonly understood, though allowing Service Providers to use Your personal information for analytics may be deemed a "sale" under CCPA/CPRA. You have the right to opt-out of the sale of Your personal information.

Your Rights under the CCPA/CPRA

The CCPA/CPRA provides California residents with specific rights regarding their personal information, including:

• The right to notice.
• The right to know/access.
• The right to say no to the sale or sharing of Personal Data (opt-out).
• The right to correct Personal Data.
• The right to limit use and disclosure of sensitive Personal Data.
• The right to delete Personal Data.
• The right not to be discriminated against.

Exercising Your CCPA/CPRA Data Protection Rights

To exercise any of Your rights under the CCPA/CPRA, please contact Us by email at: info@shiftyourpain.com. We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request.

Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page and updating the "Last updated" date.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

By email: jackie@shiftyourpain.com

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