GDPR

Effective March 1, 2022


ABOUT THIS POLICY NOTICE


TMF FITUNATE LLC is committed to safeguarding and preserving the privacy of our visitors. This GDPR Privacy Policy Notice (“GDPR Notice”) explains what happens to any personal data that you provide to us, or that we collect from you when you visit and use our websites, including, without limitation, toniafisher.com, stayontheglow.com, sunshineandsuccess.com, knoxandmello.com, glowbeyondcollective.com, fitpowerfully.com, and legacylevelup.com (the “Websites”) or otherwise when we collect personal data from you such as if you call or write us. 


This policy also explains your privacy rights and how the law protects you including how we comply with the General Data Protection Regulation ("GDPR") and other related legislation which relates to the use of personal data.


This GDPR Notice is included in our Privacy Policy and applies to the ‘personal data,’ as defined in the GDPR, of natural persons located in the European Economic Area (“EEA Individuals,” “you,” or “your”) processed by TMF FITUNATE LLC. Any capitalized terms or other terms not defined herein shall have the meaning ascribed to them in the TMF FITUNATE Privacy Policy or, if not defined herein or in the Privacy Policy, the GDPR. To the extent of any conflict between this GDPR Notice and any other provision of the Privacy Policy, this GDPR Notice shall control only with respect to EEA Individuals and their personal data. If you are located elsewhere, please see our Privacy Policy here.


Additional information may be provided on particular pages of this Website for example, on any specific pages where we collect personal data and you should also refer to those. 


It is important that you read this GDPR together with any other statements or fair processing notices we may provide on specific occasions when we collect or process personal data so that you are fully aware of how and why we are using your data.


We update this GDPR Notice from time to time so please do review this Notice regularly.



DATA CONTROLLER


TMF FITUNATE LLC (“TMF FITUNATE”) the data controller and we are responsible for your personal data (referred to as “we”, “us” or “our” in this Privacy Policy - GDPR notice). Our full details are set out below.



CONTACTING US


If you have any questions about this privacy policy including any requests to exercise your data privacy rights, please contact:


Full name of legal entity: TMF FITUNATE LLC


Email address: support@toniafisher.com

Postal address: PO Box 16706, Chicago, IL 60616


 

You have the right to make a complaint to the Information Commissioner’s Office (ICO) which is the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, like the opportunity to assist you with any concerns, so please contact us in the first instance using the details above.

 


YOUR OBLIGATIONS


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 your relationship with us.


If you provide us with personal data about any other person, for example any other individuals within your organization, then you must ensure that you have their consent to pass those details to us, and for us to use those details in accordance with this Privacy Policy. You should also make sure that you bring this Privacy Policy to their attention.



THIRD-PARTY LINKS


This website may include links to third-party websites, such as our Twitter, Facebook and LinkedIn social media pages. Clicking on those links 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. You should read any policies and other statements on such third-party websites carefully.


 

DATA WE COLLECT ABOUT YOU


Personal data means any information about an individual from which that person can be identified. It does not include data which has been anonymized such that a person’s identity is removed.


 

The following information explains the types of personal data which we collect, use, store and transfer. We will only use your personal data as the law allows us to. The categories of personal data which we use include:



  • Identity and Contact Data such as names, titles and other identifiers together with address, email address and telephone numbers.
  • Technical Data including internet protocol (IP) address, your login data, browser type and version, browser plug-in types and versions, access times, operating system and platform and other technology on the devices you use to access this website. This may also include information about how you use our website.
  • Profile Data such as username and password details.
  • Marketing and Communications Data which includes preferences in receiving marketing from us and your communication preferences.
  • Financial Data Financial data is data that is related to your payment method, such as credit card or bank transfer details. We collect financial data in order to allow you to purchase, order, return or exchange products or services from the Websites and any related mobile apps. Such information may include billing information, namely a debit or credit card number, expiration date, billing address, activation codes, and similar information. We do not directly obtain or process any billing information. This billing information is collected and processed by our third party payment processors, Stripe and PayPal. 


 

USE OF COOKIES


Cookies provide information regarding the computer used by a visitor. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect other Information and to enhance your experience using the Websites. We may gather information about your general internet use by using the cookie. 


Where used, these cookies are downloaded to your computer and stored on the computer’s hard drive. Such information will not identify you personally; it is statistical data which does not identify any personal details whatsoever.


You can adjust the settings on your computer to decline any cookies if you wish. This can be done within the “settings” section of your computer. You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. 



HOW WE WILL USE YOUR DATA


The information below also explains the purposes for which we use different categories of personal data and the legal basis or bases which we believe applies to those uses, where you use our websites (toniafisher.com, fitpowerfully.com, stayontheglow.com, boutiquebossbrilliance.com, and legacylevelup.com) We may process your personal data for more than one lawful basis depending on the purpose for which we are using your data.


 We may process your personal data for our legitimate business purposes (or those of our group companies), such as:


  • to deliver our products and services;
  • to administer this website including troubleshooting, data analysis, testing, system maintenance and support, so that we can provide and improve the products and services we offer and ensure our website operates properly, and for network security;
  •  to provide you with marketing communications such as our newsletter if you have shown an interest in receiving information about our products and services;
  •  to ensure our third-party providers can perform their obligations to us; and
  •  to gather your feedback on our products and services.

 


When you wish to purchase a product or service, you will be required to provide certain information in addition to the personal information and order information noted above. This is necessary for the performance of the contract that will be in place between us. We do not directly obtain or process any billing information. This billing information is collected and processed by our third party payment processors, Stripe and PayPal. You should review these processors’ Privacy Policy to determine how they use, disclose and protect your financial data.


In addition, we may disclose information about you to the extent that we are required to do so by law or for the purpose of legal proceedings or prospective legal proceedings, in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention) and where we may otherwise do so in accordance with applicable data protection legislation.


 

HOW IS YOUR PERSONAL DATA COLLECTED


Most of the personal data which we collect is collected either directly through you, or when you otherwise get in contact with us, for example, by email, over the phone, or through the use of our website. For example, you might provide certain identity information by completing one of our online forms such as on our “Contact Us” page, if you make an inquiry with us, or if you subscribe to our newsletter.


 

Some of the technical data which we collect may be collected automatically as you interact with our website for example via the use of cookies and similar technologies.


 

IF YOU FAIL TO PROVIDE PERSONAL DATA


Where we need to collect personal data by law, under the terms of a contract we have with the organisation you represent or for another lawful reason and you fail to provide that data, we may not be able to fully perform our obligations in accordance with our contract, provide you with the information you require, or otherwise properly handle with your request.


 

MARKETING AND PROMOTIONS


From time to time we may use your data including identity and contact data, technical data and marketing and communications data, to contact you with information about our products and services. You will receive marketing communications from us if you have agreed to be included on our marketing database.


You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any TMF FITUNATE email communication. Customers cannot opt out of receiving transactional emails related to their account or their orders. 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 subscription databases. 


You can ask us to stop sending you other direct marketing messages at any time by emailing us at support@toniafisher.com.


 

CHANGE OF PURPOSE


We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will explain the legal basis which allows us to do so. Please also note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.


If you would like further information about how we use personal data and the purpose which we might use it for, please contact us using the contact details set out above.


 

DISCLOSURES OF YOUR PERSONAL DATA


Aggregate Data


In an ongoing effort to better understand our visitors, customers, and our products and services, we may analyze your information in aggregate form in order to operate, maintain, manage, and improve the Websites and/or our products and services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and services to current and prospective business partners and to other third parties for other lawful purposes.   



Sharing Information with Third Parties


In order to provide our services and administer our programs, we contract with other companies to perform certain business related services and functions on our behalf. We may disclose your information, including personal information in some cases, to certain types of third party companies, but only to the extent needed to enable them to provide such services, including, without limitation, technical assistance, order fulfillment, customer service, marketing assistance, payment processing, survey collection, promotional and marketing assistance, and business operations. These other companies will have access to your information, including personal information in some cases, only as necessary to perform their functions and to the extent permitted by law. Additionally, we may also disclose your information, including any personal information, to any of our parent companies, subsidiaries, affiliates, joint ventures, or other companies under common control with us in order to support delivery of our products and services.



Business Transfer/Change In Ownership


As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the information that we have collected and/or received may be part of the transferred assets. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal information as set forth in this Privacy Policy.



Disclosure to Public Authorities


In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.


We strive to keep the confidential personal information that you share with us confidential. Please note that we may disclose such confidential Information if required to do so by law or in the good-faith belief that: (1) such action is necessary to protect and defend our rights or property or those of our users or licensees, (2) to act as immediately necessary in order to protect the personal safety or rights of our users or the public, or (3) to investigate or respond to any real or perceived violation of this Privacy Notice, or of our Terms and Conditions of Use, Privacy Policy, Disclaimer, or any other agreement with us.



INTERNATIONAL TRANSFERS


TMF FITUNATE LLC is a United States (“U.S.”) based company. This website and associated mobile applications are hosted and operated in the United States through TMF FITUNATE and its service providers, and are subject to state and federal laws of the U.S. If you are located outside the United States, your Personal Information is being transferred to, stored, used, and shared in the United States. If you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. 


By using the Websites and our services, you acknowledge that any personal data about you, regardless of whether provided by you or obtained from a third party, is being provided to TMF FITUNATE in the U.S. and will be hosted on U.S. servers, and you authorize TMF FITUNATE to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. as set forth herein. 


If you reside in the European Economic Area, some of your data will be transferred internationally to those servers. Transfers will be protected by appropriate safeguards, namely the EU-US Privacy Shield and EU Standard Contractual Clauses.


 

Please Note: 



IMPORTANT UPDATE REGARDING EU-US PRIVACY SHIELD


Following the invalidation of the EU-US Privacy Shield by the Court of Justice of the European Union on July 16, 2020 (known as the “Schrems II” decision) and of the Swiss-US Privacy Shield on September 8, 2020, Personal Data subject to the GDPR are no longer transferred by or to TMF FITUNATE on the basis of the Privacy Shield but are instead subject to the EU Standard Contractual Clauses. The Schrems II decision also placed additional compliance requirements on the use of EU Standard Contract Clauses (SCC) for transfer of EU/EEA Personal Data to the U.S. by companies subject to Section 702 of the U.S. Foreign Intelligence Surveillance Act (FISA) and/or Executive Order 12333 (E.O. 12333). It is our good faith belief that the types of EU/EEA Personal Data we receive, collect, process, use and/or share in the U.S. are not of the types of data that would generally be subject to requests from U.S. government authorities pursuant to FISA Section 702 and/or E.O. 12333. 



As explained above, we sometimes share your Personal Information with Third Party service providers so they can perform services for us. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. If we share personal information we have received from EU/EEA/Swiss data subjects, with a Third Party, that Third Party’s access, use, and disclosure of your Personal Information will be subject to the Standard Contractual Clauses. 



Where none of the above safeguards are available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.



DATA SECURITY


We take commercially reasonable steps to protect the information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction, taking into account the risks involved in processing and the nature of such data, and in compliance with applicable laws and regulations. We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information, and we do everything we can to protect user information offline. Please understand, however, unfortunately, no transmission over the Internet can be guaranteed to be 100% secure, and that no security system is impenetrable. As a result, we cannot ensure, guarantee, or warrant the security of the information that you transmit to us, and you do so at your own risk. In particular, e-mail sent to or from the Websites may not be secure, and you should therefore take special care in deciding what information you send to us via email. You acknowledge that the personal information you voluntarily share through the Websites could be accessed or tampered with by a third party. You agree that TMF FITUNATE is not responsible for any intercepted information shared through the Websites without our knowledge and permission. Additionally, you release TMF FITUNATE from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.



DATA RETENTION


We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.


To determine the appropriate retention period for personal data, we consider theamount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.


In some circumstances, we may anonymize personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.



YOUR LEGAL RIGHTS


Under certain circumstances, you have rights under data protection laws in relation to your personal data. Those rights are listed below. (Please also see: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/)


 Please contact us if you would like to exercise any of them. You have the right to:

  • Request access to your personal data (a “subject access request”). This means you can receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of your personal data: This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. You can ask us to remove personal data where there is no good reason for us continuing to process it. You also have this right where you have successfully exercised your right to object to processing, where we may have processed your data unlawfully or where we are required to erase your personal data to comply with law. We may not always be able to comply with your request where there are particular legal reasons.
  • Object to processing of your personal data where we rely on a legitimate interest basis and if the processing impacts on your fundamental rights and freedoms. You can also object to direct marketing. In some cases, we may demonstrate that we have grounds to process your data which override your rights and freedoms.
  • Request restriction of processing. You can ask us to suspend the processing of your personal data: if you want us to establish the data’s accuracy; where our data use is unlawful but you do not want us to erase it; where you need us to hold the data even if we no longer need it, to establish, exercise or defend legal claims; or you have objected to use of data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request a data transfer. We will provide to you, or your chosen third party, your personal data in a structured, commonly used, machine-readable format. This only applies to automated information which you provided consent for us to use or necessary to perform a contract with you.
  • Withdraw consent at any time where we rely on consent to process your personal data. This will not affect the lawfulness of processing carried out before you withdraw your consent.

 


EXERCISING YOUR RIGHTS


You will not have to pay a fee to access your personal data (or to exercise any other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.


We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure personal data is not disclosed to a person who has no right to receive it. We may also contact you to ask you to clarify your request to speed up our response.


We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made several requests in which case, we will keep you updated.


UPDATES TO THIS GDPR NOTICE: If, in the future, we intend to process your personal data for a purpose other than that which it was collected, we will provide you with information on that purpose and any other relevant information at a reasonable time prior to such processing. After such time, the relevant information relating to such processing activity will be revised or added appropriately within this GDPR Notice, and the “Effective Date” at the top of this page will be updated accordingly.