Privacy Policy – Blackfish 5

This privacy policy (“Privacy Policy”) describes the information online collection, use, and dissemination practices of Blackfish5™ and applies to Blackfish5™ collection, use, storage and disclosure of information by Blackfish5™ any website owned and/or operated by Blackfish5™, including any website where this policy is posted (www.blackfish5.com, www.BF5fitness.com). Blackfish5™ is not responsible for the information collection or privacy practices of Third Party websites or applications. All references here to “we” or “us” refer to Blackfish5™. All references herein to “you” refer to any user of this Website.

BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS (“TERMS”) OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT PROVIDE ANY INFORMATION OR USE ANY OF THE SERVICES OR PRODUCTS OFFERED OR PROVIDED ON THIS WEBSITE.

PLEASE NOTE: THIS PRIVACY POLICY CHANGES FROM TIME TO TIME AND CHANGES ARE EFFECTIVE UPON POSTING. PLEASE CHECK BACK FREQUENTLY FOR UPDATES AS IT IS YOUR SOLE RESPONSIBILITY TO BE AWARE OF CHANGES. WE DO NOT PROVIDE NOTICES OF CHANGES IN ANY MANNER OTHER THAN BY POSTING THE CHANGES AT THIS WEB SITE. YOUR CONTINUED USE OF THIS WEBSITE AFTER ANY SUCH CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THOSE CHANGES, INFORMATION COLLECTION, USE AND DISSEMINATION PRACTICES.

1. PERSONAL INFORMATION
Blackfish5™ collects information from individuals by various methods, including, but not limited to, when an individual places an order through the Website, contacts our Customer Care Center through the Website, or complete any other action that requires you to submit information about yourself. The types of information we may collect from you through these methods includes name, email address, street address, zip code, telephone numbers (including cell phone numbers), credit card account and billing information, and such other information as may be requested from time to time (together, “Personal Information”).

Blackfish5™ may use the Personal Information that you submit to fulfill an order that you have placed through this Website, respond to your request for information or customer service, distribute further marketing communications using Third Party Vendors including but not limited to utilization of SMS messages, Electronic Mail, Telephone Communications and or Marketing ( Whether you are on any National or State Do Not Call Registry), and for any other purposes indicated elsewhere in this Privacy Policy or on the Website at the time of collection.

Blackfish™ may also use Personal Information for content improvement and feedback purposes. We may disclose Personal Information to contractors and service providers that help us provided services to you or deliver products or services to you. For example, we may disclose your billing information to payment processors to complete a financial transaction, and we may disclose your shipping address to fulfillment and shipping contractors responsible for delivering products to you. We may share your Personal Information with our marketing partners and other reputable organizations to bring selected retail opportunities to you and for other marketing purposes. These third parties may include providers of direct marketing services and applications, including lookup and reference, data enhancement, SMS text messaging, Electronic Mail and Telemarketing, suppression and validation. If our company or our assets are acquired by another company, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy. In addition, Blackfish5™ reserves the right to release Personal Information about you if required to do so by law or to comply with valid legal process (such as a search warrant, subpoena, or court order), to protect our rights or property (including without limitation in the event of a transfer of control of our company or substantially all of its assets), or during emergencies when safety is at risk. By agreeing to these Terms, you hereby consent to disclosure of your Personal Information and/or any other records or communications regarding your relationship with us to any third party when Blackfish5™ determines, in its sole discretion, the disclosure to be necessary and/or appropriate.

YOUR CONSENT
This Privacy Policy sets forth the Website’s current policies and practices with respect to nonpublic personal information of the users of the Websites. By using these Websites, you agree with the terms of this Privacy Policy. Whenever you submit information via these Websites, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy.

2. NON-PERSONAL INFORMATION
Blackfish5™ may collect non-personally identifiable information about your computer and navigation patters while on our Websites. For example, our systems may automatically note your Internet Protocol (IP) address, your computer’s operating system, the browser you use for Internet access, and the specific web pages visited during your connection. We may also track data such as the total number of visits to the Websites, and the number of visitors to each page of the Website. We may use non-personally identifiable information to help us improve our Websites. We may also use non-personally identifiable information in aggregate form for system maintenance to better understand how our visitor uses our site and services. We may share statistical or demographic information in aggregate form with third parties for marketing or research purposes. Blackfish5™ currently uses cookie and web beacon technology to associate certain non-personally identifiable information about you with Personal Information about you in our database. Additionally, Blackfish5™ may use other new and evolving sources of information in the future. A cookie is a small amount of data stored on the hard drive of your computer that allows Blackfish5™ to identify your corresponding data that resides in our database. You may read more about cookies at http://cookiecentral.com . You may disable cookies while using our Websites; however, you will need to enable and accept cookies in order to use all of the features and functionality of the Websites, including ordering features. A web beacon is programming code that can be used to display an image on a web page (by using a programming function). See http://truste.org for more information about web beacons. Web beacons can also be used to transfer an individual user’s unique user identification information (often in the form of a cookie) to a database and associate the individual with previously acquired information about an individual in a database. Web beacons allow Blackfish5™ to track individual visits on certain websites. Web beacons are used to determine products or services an individual may be interested in, and to track online behavioral habits for marketing purposes.

CHILDREN’S PRIVACY
Blackfish5™ Websites are intended for adults. Blackfish5™ will never knowingly collect, use, or share any personal information about children under the age of 18. If Blackfish5™ obtains actual knowledge that it has collected personal information about a child under the age of 18, that information will be immediately deleted from our database. We encourage parents to talk to their children about their use of the Internet and the information they disclose to websites. Blackfish5™ has designed this policy in order to comply with the Children’s Online Privacy Protection Act (“COPPA”).

DATA SECURITY
The credit card information or other account information that you input at the time of purchase is protected by encrypted technology for your secure communication. Although Blackfish5™ makes commercially reasonable efforts to protect Personal Information from unauthorized access, use, and disclosure, you ultimately assume the risk of any damage or loss as a result of transmitting such information to Blackfish5™ through this Website, including but not limited to, identify theft, credit card fraud or credit card loss.

LINKS TO EXTERNAL WEBSITES
Blackfish5™ Websites may contain links to external websites that are not controlled by or under the ownership of Blackfish5™. You will be taken to external websites if you click on these links. Blackfish5™ is not responsible for the privacy practices or content of any external website owner. We encourage you to review the privacy policy of any third party website you visit.

HOW YOU CAN ACCESS OR CORRECT INFORMATION
To access the Personal Information that this Website has collected about you, to correct factual errors in such information, or to update any portions of your user profile, please contact us by emailing support@bf5fitness.com or call us at 1.855-635-9635.

CALIFORNIA RESIDENTS PRIVACY RIGHTS
Companies that collect personally identifiable information from California residents and disclose such information to third parties (including affiliated entities) for marketing purposes must, in response to a request by a consumer, either (1) provide a list detailing the categories of information shared and the entities to which such information was provided, or (2) provide a mechanism by which a consumer may opt-out of having his or her information shared with Third Parties. We have elected the second option, and you may request that your personally identifiable information not be shared with third parties by emailing your request, including your full name, email address and postal address to support@bf5fitness.com. In accordance with California law, California residents are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.