Copyright 2017 Discernible Tastes, LLC All rights reserved worldwide.
1. Subjective Subject Matter Disclaimer For Single Author; No Obligation to Update Information.
The information presented herein represents the view of the author as of the date of publication. Because of the rate with which conditions change, the author reserves the right to alter and/or update his opinion based on the new conditions, and the author is not obligated to update this information.
2. Disclaimer Regarding Diet Recommendations
We do not guarantee that any recommendation will meet your diet requirements, or that any reference to any food, beverage, restaurant, meal service plan, or other outsource provider will match the description provided by us. We do not assume any liability for any adverse reactions to food, beverages, restaurants, meal service plans, or other outsource providers recommended. Each user is solely responsible for determining his/her food and beverage choices.
3. Disclaimer Regarding Wellness, Self-Care, and Luxury Recommendations
We do not guarantee that any recommendation will meet your wellness, self-care, or luxury requirements, or that any reference to any wellness, self-care, or luxury provider will match the description provided by us. We do not assume any liability for any adverse reactions to activities, experiences provided, or products recommended. Each user is solely responsible for determining his/her wellness, self-care, and luxury choices.
4. Exercise Disclaimer
Not all exercise is suitable for everyone. To reduce the risk of injury, consult your doctor before following any suggestions that might be made in this program. Any type of exercise discussed herein is in no way intended as a substitute for medical counseling. If you have had a joint replacement or if you have osteoporosis, or any other special medical condition, follow all precautions.
5. Diet & Supplements Disclaimer
This website is not a substitute for medical advice. If you are beginning a health or weight control program, consult your physician before using products or services (including supplements) discussed on this website / during the program, or making any other dietary / supplement changes. All of the information provided in and through this website / during the program is intended solely for general information and should not be relied upon for any particular diagnosis, treatment, or care. Statements made on this website / during the program have not been evaluated by the U.S. Food and Drug Administration or any other government regulatory body.
6. Disclaimer For Amazon Services LLC Associates Program
Discernible Tastes, LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn fees by linking to Amazon.com and affiliated sites.
AFFILIATE COMPENSATION DISCLOSURE From time to time, we (Discernible Tastes, LLC via www.kristenbattistelli.com and related marketing communications) promote, endorse, or suggest products or services of others. In most cases, we will be compensated, either as an affiliate with a commission based on sales, or with a free product to review or use. Our recommendations are always based on (i) our personal belief in the high quality and value of the product or service, and (ii) our review of the product or service, or a prior relationship or positive experience with the sponsoring person or organization. One of our participating merchants is the Amazon Services LLC affiliate program. It is important to note that prices change quickly on Amazon, so you will need to confirm that the price we share in the post is the price you pay prior to finalizing your purchase.
GDPR Privacy Statement
Effective Date: May 25, 2018
Discernible Tastes, LLC (“DISCERNIBLE”) offers paid-for services related to healthy eating and fitness, and any and all activities related thereto, and carries on any lawful business, trade, purpose, or activity or activity permitted by the provision of the Massachusetts Limited Liability Company Act.
DISCERNBILE owns and operates this www.kristenbattistelli.com website business and therefore will be acting as the “Controller” of the personal data and contact information you provide to us. All references to "my”, we", "us", or “our” shall be construed to mean DISCERNIBLE.
WHY WE NEED YOUR DATA
We need to know your basic personal data you voluntarily provide either via direct conversation (in-person or via phone/video call) and/or online (email, text, social media messaging, and/or an online opt-in form or other similar web pages) to: inquire about our services, receive a free service/content document, sign up for a call, and/or purchase one of our products/programs.
In addition, we need to know your personal data to send you emails for other specific purposes only if you have explicitly given your consent to receive these emails, via the “double opt-in” method – whereby a confirmation email is first sent to the individual voluntarily signing up before being officially added. Anyone who does not click “confirm” on that first email will not be added to the mailing list and their personal data will not be collected (nor will they receive any further communications from DISCERNIBLE, unless they opt to sign up and confirm again at a later time).
By providing us with your data, you warrant to us that you are over 13 years of age.
THE TYPES OF DATA WE COLLECT
· Communication Data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
· Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address email address, phone number, contact details, purchase details and your credit card details. We process this data to supply the goods and/or services you have purchased and to keep records of such transactions. Our lawful ground for this processing is the performance of a contract between you and us and/or taking steps at your request to enter into such a contract.
· User Data that includes data about how you use our website, any online services together with any data that you post for publication on our website, and/or or answers provided through email or third-party applications for market research surveys. We process this data to operate our website and ensure relevant content is provided to you, to ensure the security of our website, to maintain back- ups of our website and/or databases and to enable publication and administration of our website, other online services and business. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business.
· Technical Data that includes data about your use of our website and online services such as your IP address, your login data, details about your browser, length of visit to pages on our website, page views and navigation paths, details about the number of times you use our website, time zone settings and other technology on the devices you use to access our website. The source of this data is from analytics tracking programs (Google Analytics, etc). We process this data to analyze your use of our website and other online services, to administer and protect our business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of our advertising. Our lawful ground for this processing is our legitimate interests which in this case are to enable us to properly administer our website and our business and to grow our business and to decide our marketing strategy.
· Marketing Data that includes data about your preferences in receiving marketing from us and our third parties and your communication preferences. We process this data to enable you to partake in our promotions such as competitions, prize draws and free giveaways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. Our lawful ground for this processing is our legitimate interests which in this case are to study how customers use our products/services, to develop them, to grow our business and to decide our marketing strategy.
We may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook ads or other display advertisements) and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests (namely to grow our business).
Due to the coaching nature of our services, our programs may have client intake forms and/or workbooks that collect some aspects of health information – such as physical, physiological, genetic, mental, economic, cultural or social identity information that identifies a person and therefore is considered “sensitive” data under GDPR. Explicit consent in the form of a separate digital signature and date is required on service contracts and again on each form that asks for sensitive data prior to moving forward with any service offering.
Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.
We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary.
We may process your personal data without your knowledge or consent where this is required or permitted by law.
WHAT WE DO WITH YOUR DATA
• Service providers who provide IT and system administration services,
• Professional advisers including lawyers, bankers, auditors and insurers,
• Government bodies that require us to report processing activities,
• Third parties to whom we sell, transfer, or merge parts of our business or our assets,
• Other companies who provide services to us after the below list was updated.
We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
If we are acquired by another party, we will share your personal data with the acquiring party.
We maintain a data protection regime for the effective and secure processing of your personal data per our Data Security Policy. For more information, contact our Data Security Officer listed below.
Unfortunately, the transmission of information via the internet is not completely secure. Although we use best practices to ensure your data is protected by following generally accepted industry standards and GDPR, we cannot guarantee the security of your data as it is transmitted and stored.
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy policies where we are not the “Controller.” When you leave our website, we encourage you to read the privacy notice of every website you visit.
This includes social media sites. While we invite you to socialize and engage with our business pages and accounts on Facebook, Instagram, Twitter, and/or LinkedIn, know that by doing so, you will be allowing interaction with these platforms or other external platforms directly, and in the process, you may be sharing certain profile elements, including your comments and direct messages. This sharing is subject to each social media program's privacy policies, not DISCERNIBLE’S.
You may find a comprehensive listing of the privacy policies of currently used third parties and links to their privacy policies below:
If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites and in the next SPECIFIC INFORMATION ABOUT COOKIES AND WEB BEACONS below.
SPECIFIC INFORMATION ABOUT COOKIES AND WEB BEACONS
"Cookies" are tiny pieces of information stored by your browser on your computer's hard drive. Cookies are also used to customize content based on your browser. Most browsers are initially set to accept cookies. If you want to disable cookies, there is a simple procedure in most browsers that allows you to turn off cookies. Please remember, however, that cookies may be required to allow you to use certain features of our site.
Flash Cookies - third party cookies that use an Adobe Flash Media Player local shared object (LSO) - may be used along with other third party cookies for purposes of crediting any purchase you may make on this site to one of our joint venture marketing partners that may have referred you to us. These cookies will be used for purposes of crediting sales to the referring joint venture marketing partner. Flash cookies are not the same as "browser cookies". The Adobe Flash Media Player is software that enables users to view content on their computers. Flash cookies are also accompanied by a browser cookie. If you delete the browser cookie, the Flash cookie may automatically create (or re-spawn) a replacement for the browser cookie.
Web Beacons - sometimes called single-pixel gifs or clear gifs - are used to assist in delivering cookies, and they allow us to count users who have visited pages of our site. We may include Web Beacons in promotional e-mail messages or other communications in order to determine whether messages have been opened and acted upon.
ONWARD TRANSFER OUTSIDE YOUR COUNTRY OF RESIDENCE
Any Personal Information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. By using this site, you consent to any such transfer of Personal Information outside your country of residence to any such location.
DO NOT TRACK REQUESTS
Some Web browsers incorporate a "Do Not Track" feature that signals to websites that you visit that you do not want to have your online activity tracked. Each browser communicates "Do Not Track" signals to websites differently, making it unworkable to honor each and every request correctly. In order to alleviate any communication error between browsers and website, we do not respond to "Do Not Track" signals at this time. As the technology and communication between browser and website improves, we will reevaluate the ability to honor "Do Not Track" signals and may make changes to our policy.
HOW LONG WE KEEP YOUR DATA
We will not retain your personal data for longer than required. This means that we will keep your personal information: (i) for as long as required by law (legal, tax, accounting, reporting, etc.), (ii) until we no longer have a valid reason for keeping it, or (iii) until you request us to stop using it. When we delete your personal data from our databases, it will remain in our backup system until it cycles out.
If individuals are inactive for six months or longer on our email list, we have the authority to unsubscribe them from our email list and delete their voluntarily provided personal data, unless required by law from previous customer transactions.
Individuals are always welcome to opt to sign up and confirm again at a later time.
WHAT ARE YOUR RIGHTS
You have the right to: (i) request access to and rectification or erasure of your personal data, (ii) request restriction of processing your personal data, and (iii) withdraw your consent at any time. If you provide a notice to us regarding your exercise any of the above rights, we will forward your notice to other authorized parties which are holding and processing your personal data, where appropriate.
All individuals can unsubscribe from email marketing and communication at any time by clicking the “unsubscribe” link that is at the bottom of email marketing communications, which will unsubscribe them from that particular email list permanently (unless they opt to sign up and confirm at a later time), or by emailing us at the contact information below at any time. Note that if you opt out of receiving marketing communications, this opt-out does not apply to personal data provided previously as a result of other transactions, such as purchases, etc.
All individuals can also choose to “unlike,” “unfollow,” and/or “block” as appropriate on our business page/accounts on third-party social media accounts (Facebook, Instagram, Twitter, and/or LinkedIn) at any time, with no further communications or content shown to them in these platforms in the future (unless they opt to follow, like, and/or unblock again at a later time).
If you wish to raise a complaint regarding how we have processed your personal data, you can contact us with the Contact Us information below, and we will investigate the matter. If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law, you may complain to the data protection officer in the country in which you reside.
RETROSPECTIVE GDPR CONSENT
All individuals on the Discernible Tastes, LLC mailing list prior to the introduction of the GDPR laws going into effect on May 25, 2018 have re-consented to remain there via an explicit email sent on May 24, 2018, whereby all existing subscribers were given an option to proactively click on a link to remain on the list by no later than end of day Eastern Time on May 24, 2018. Anyone who did not explicitly click the link was removed from the email list on May 27, prior to the next scheduled newsletter delivery.
UPDATING PERSONAL INFORMATION
It is very important that the information you voluntarily provide is accurate and up to date. Upon request, we will permit you to request or make changes or updates to your Personal Information for legitimate purposes. We request identification prior to approving such requests. We reserve the right to decline any requests that are unreasonably repetitive or systematic, require unreasonable time or effort of our technical or administrative personnel, or undermine the privacy rights of others. We reserve the right to permit you to access your Personal Information in any account you establish with this site for purposes of making your own changes or updates, and in such case, instructions for making such changes or updates will be provided where necessary.
HOW TO CONTACT US
Discernible Tastes, LLC
198 Tremont St.
Boston, MA 02116
ATTN: Kristen M. Battistelli, Data Protection & Security Officer