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Privacy Policy

Important Information & Who We Are

We store and use personal information provided by You when You visit our Site, including our Website michaelkummer.com (regardless of where You visit it from) and interact with our services as a visitor. We respect Your privacy and are committed to protecting Your personal data. This privacy policy will (1) inform You as to how We look after Your personal data and (2) tell You about Your privacy rights and how the law protects You.

We will never sell Your information and will only share it with trusted third parties to continuously improve our service to You in accordance with this privacy policy.

This Site is not intended for children under 18, and We do not knowingly collect data relating to children. It is important that You read this privacy policy together with any other privacy policy or fair processing policy We may provide on specific occasions when We are collecting or processing personal data about You so that You are fully aware of how and why We are using Your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller

MK Media Group LLC is the controller and is responsible for Your personal data collected through Your use of the Site.

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If You have any questions about this privacy policy or our privacy practices, including any requests to exercise Your legal rights, please contact the DPO using the details set out at the end of this Privacy Policy.

Changes To The Privacy Policy And Your Duty To Inform 

We keep our privacy policy under regular review. This version was last updated on January 30, 2021. 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.

The Site 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 statements. When You leave our Site, We encourage You to read the privacy policy of every website You visit.

The Data We Collect About You

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may collect, use, store, and transfer different kinds of personal data about You, which We have grouped together as follows:

  • Identity data includes first name, last name, gender, and country of residence.
  • Contact data includes the billing address and email address.
  • Financial data includes billing address, email address, and payment card details (although We do not store this information as processed directly by our third-party payment provider).
  • Technical data includes internet protocol (IP) address, Your login data, browser type and version, operating system and platform, and other technology on the devices You use to access this Site, and may also include time zone setting and location, browser plug-in types and versions.
  • Profile data includes Your Username, password, and other membership information such as the date You first became a paying member, date when membership status was updated, Your interests, preferences, feedback, and survey responses.
  • Usage data includes information about how You use our Site and services.
  • Marketing and communications data includes Your preferences in receiving marketing from us.
  • Health data includes Your height, age, health conditions (such as diabetes, high blood pressure, or other metabolic issues), and any specific dietary requirements.

Special Categories Of Personal Data

Other than the limited health data that You voluntarily provide to us to customize meal plans, We do not specifically collect any other special categories of

personal data about You (this includes details about Your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, and genetic and biometric data). Nor do We collect any information about criminal convictions and offenses.

The only exception to the above would arise in relation to information that You share on our social media platforms when You choose to share content with us, message, or communicate with us and others via those platforms. When You volunteer such information to MK Media Group or Michael Kummer, via our Site to comment on posts and articles, rate a recipe or video, ask, or answer a question, mark content as favorite or to watch later, or in other such ways, the content submitted is still processed and stored by us. If You are logged in as a member, it may also be linked to Your account. Furthermore, it may in some cases include Your internet address, which is also potentially personally identifying.

Please be careful with any personal or sensitive health information You submit or share on our social media platforms. Comments, success stories, and similar content can be visible to anyone visiting the Site anywhere in the world! We do not filter User-submitted content for personal information or sensitive health information, and by submitting it You are giving permission to publish the content, process, and store it as needed for that purpose. This information may also be transmitted, processed, and stored by third-party service providers to detect spam and to ensure that the service works as intended. Please read through the social media platform’s own privacy policies to learn more about how You can control who can see the things You share.

If You do share sensitive health information about Yourself on such platforms, it is understood that You have consented to do this, but You are able to change Your mind at any time by deleting any comments or photographs Yourself. Please do let us know though if You have any difficulty here and need our help by contacting us at [email protected] or through our Contact Page .

We also collect, use, and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from Your personal data but is not considered personal data in law as this data will not directly or indirectly reveal Your identity. For example, We may aggregate Your usage data to calculate the percentage of Users accessing a specific Site feature. However, if We combine or connect aggregated data with Your personal data so that it can directly or indirectly identify You, We will treat the combined data as personal data, which will only be processed in accordance with this privacy policy.

If You Fail To Provide Personal Data

Where We need to collect personal data by law, or under the membership terms of a contract We have with You, and You fail to provide that data when requested, We may not be able to perform the membership contract We have or are trying to enter into with You (for example, to provide You with our additional services). In this case, We may have to cancel Your membership, but We will notify You if this is the case at the time.

How Is Your Personal Data Collected?

We use different methods to collect data from and about You including through:

  • Direct interactions. You may give us Your identity data, contact data, and health data by filling out forms or surveys on michaelkummer.com, our social media platforms, or by corresponding with us by post, phone, email, or otherwise. This includes personal data You provide when You apply for membership; request marketing to be sent to You; enter a competition, promotion or fill out an in-house survey; or give us feedback or contact us in any manner.
  • Automated technologies or interactions. As You interact with the Site, We will automatically collect Technical Data about Your equipment, browsing actions, and patterns. We collect this personal data by using cookies, server logs, and other similar technologies. Please see our cookie policy for further details.
  • Third parties or publicly available sources. We also receive Technical Data about You from various third parties, including but not limited to the following: Cloud infrastructure providers such as Flywheel, Google Analytics providers such as Google, OptinMonster, Apple; Survey providers such as Google; Search engine information providers such as Google; Email providers such as Active Campaign. We may also receive contact data and financial data from providers of technical, payment, and delivery services such as Apple and Stripe.

How & Why We Use Your Personal Data

We will only use Your personal data when the law allows us to. Most commonly, We will use Your personal data for the following reasons:

  • Where We need to perform the membership contract which We are about to enter into or have entered into with You.
  • Where it is necessary for our legitimate interests (or those of a third party) and Your interests and fundamental rights do not override those interests.
  • Where We need to comply with a legal obligation.

Note that We may process Your personal data for more than one lawful ground depending on the specific purpose for which We are using Your data. Please contact us using the Data Protection Contact Information located at the end of this Privacy Policy if You need details about the specific legal grounds We are relying on to process Your personal data.

Our Marketing Practices

We strive to provide You with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

Promotional Offers From Us

We may use Your identity, contact, technical, usage, profile and marketing, and communications data to form a view on what We think You may want or need or what may be of interest to You. This is how We decide which services and offers may be relevant for You (We call this marketing). You will receive marketing communications from us if You have requested information from us or purchased membership services from us, and You have not opted out of receiving that marketing.

Third-party Marketing

We will never sell Your personal details to third parties for marketing purposes. Third parties do help assist us with our marketing services but are not permitted to use Your personal data for any other purpose other than to help us serve You better.

Opting Out

You can ask us to stop sending You marketing messages at any time by logging into the Site and checking or unchecking relevant boxes to adjust Your marketing

preferences OR by following the opt-out links on any marketing message sent to You.

Cookies

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 the michaelkummer.com Website may become inaccessible or not function properly. For more information about the cookies We use, please see our cookie policy.

Change of Purpose

We will only use Your personal data for the purposes for which We collected it unless We reasonably determine that We need to use it for another reason, and that reason is compatible with the original purpose. If You wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If We need to use Your personal data for an unrelated purpose, We will notify You, and We will explain the legal basis which allows us to do so or request Your consent.

Please note that We may process Your personal data without Your knowledge or consent, where this is required or permitted by law.

Disclosures Of Your Personal Data

We may need third parties to help us provide services to You. Although We always strive to ensure that any access to Your personal data by these third-party service providers is blocked, for some processes, We may not be able to do so without affecting the Services that We need to deliver to You. Your personal data may therefore be shared if We are not able to block such access. These third parties, for the purposes setout above, may include but are not limited to, External Third Parties such as Flywheel, Google, OptinMonster, Apple, Active Campaign, and Stripe.

We may also need to disclose Your personal data to third parties to whom We may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, We may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use Your personal data in the same way as set out in this privacy policy.

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 in accordance with our instructions.

Data Security

We have put in place appropriate security measures to prevent Your personal data from being accidentally lost, used, or accessed in an unauthorized way, altered, or disclosed. In addition, We limit access to Your personal data to those employees, agents, contractors, and other third parties who have a business need to know. They will only process Your personal data on our instructions, and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify You and any applicable regulator of a breach where We are legally required to do so. Unfortunately, the transmission of information via the internet is not completely secure. Although We do our best to protect Your personal information, We cannot guarantee the security of Your personal information transmitted to our Site. Any transmission of personal information is at Your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Data Retention

How Long Will You Use My Personal Data?

We will only retain Your personal data for as long as reasonably necessary to fulfill the purposes We collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting, or reporting requirements. We may retain Your personal data for a longer period in the event of a complaint or if We reasonably believe there is a prospect of litigation with respect to our relationship with You.

To determine the appropriate retention period for personal data, We consider the amount, 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, regulatory, tax, accounting, or other requirements.

Details of other retention periods for different aspects of Your personal data are available upon request from us by contacting us. In some circumstances You can ask us to delete Your data: see the section entitled “Your legal rights” below for further information. In some circumstances, We will anonymize Your 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.

Legitimate interest means the interest of our business in conducting and managing our business to enable us to give You the best service/product and the best and most secure experience. We make sure We consider and balance any potential impact on You (both positive and negative) and Your rights before We process Your personal data for our legitimate interests. We do not use Your personal data for activities where our interests are overridden by the impact on You (unless We have Your consent or are otherwise required or permitted to by law). You can obtain further information about how We assess our legitimate interests against any potential impact on You in respect of specific activities by contacting us.

Performance of contract means processing Your data where it is necessary for the performance of a contract to which You are a party or to take steps at Your request before entering into such a contract.

Comply with a legal obligation means processing Your personal data where it is necessary for compliance with a legal obligation that We are subject to.

Consent means Your explicit affirmative action to permit the processing of Your personal data.

Third Parties means:

  • Service providers acting as processors based in the US who provide IT and system administration services.
  • Professional advisers acting as processors or joint controllers, including lawyers, bankers, auditors, and insurers based in the USA who provide consultancy, banking, legal, insurance, and accounting services.
  • U.S. tax authorities, regulators, and other authorities acting as processors or joint controllers based in the U.S. who require reporting of processing activities in certain circumstances.

Your Legal Rights

You have the right to:

  • Request access to Your personal data (commonly known as a “data subject access request”). This enables You to receive a copy of the personal data We hold about You and to check that We are lawfully processing it.
  • Request correction of the personal data that We hold about You. 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. This enables You to ask us to delete or remove personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove Your personal data where You have successfully exercised Your right to object to processing (see below), where We may have processed Your information unlawfully or where We are required to erase Your personal data to comply with local law. Note, however, that We may not always be able to comply with Your request of erasure for specific legal reasons, which will be notified to You, if applicable, at the time of Your request.
  • Object to processing of Your personal data where We are relying on a legitimate interest (or those of a third party), and there is something about Your particular situation which makes You want to object to processing on this ground as You feel it impacts on Your fundamental rights and freedoms. You also have the right to object where We are processing Your personal data for direct marketing purposes. In some cases, We may demonstrate that We have compelling legitimate grounds to process Your information, which overrides Your rights and freedoms.
  • Request restriction of processing of Your personal data. This enables You to ask us to suspend the processing of Your personal data in the following scenarios:
    • If You want us to establish the data’s accuracy.
    • Where our use of the data is unlawful, but You do not want us to erase it.
    • Where You need us to hold the data even if We no longer require it as You need it to establish, exercise, or defend legal claims.
    • You have objected to our use of Your data, but We need to verify whether We have overriding legitimate grounds to use it.
  • Request the transfer of Your personal data to You or to a third party. We will provide to You, or a third party You have chosen, Your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information that You initially provided consent for us to use or where We used the information to perform a contract with You.
  • Withdraw consent at any time where We are relying on consent to process Your personal data. However, this will not affect the lawfulness of any processing carried out before You withdraw Your consent. If You withdraw Your consent, We may not be able to provide certain membership services to You. We will advise You if this is the case.

Users in the European Economic Area and Canada

Request Access to Your Personal Information

You have the right to access Your Personal Information. You may do so by contacting us in the Data Protection Contact section of this Statement. You may also have the right to receive Personal Information You provided to us in a commonly used and structured format to be transferred to another data controller. This right applies if Your Personal Information is processed by us with Your consent. It also applies for the performance of a contract and when processing is carried out by automated means.

Request Correction of Your Personal Information

You may ask us to correct or remove any Personal Information that is inaccurate by contacting us as provided in the Data Protection Contact section of this Statement. Please keep us informed if Your Personal Information changes during Your relationship with us.  

Request Erasure of Your Personal Information

In certain circumstances, You may request the erasure of Your Personal Information, which is referred to as the right to be forgotten. 

Object to Processing of Your Personal Information

You may object to processing Your Personal Information for direct marketing purposes. You also have the right to object at any time to processing Your Personal Information, which is based on our legitimate interests, pursuant to grounds relating to Your particular situation. If You object on this ground, We shall no longer process Your Personal Information unless We can demonstrate compelling legitimate grounds for such processing, and those grounds override Your interests, rights, and freedoms; or, to establish, exercise, or defend legal claims. Note that our inability to process Your Personal Information may make it impossible for You to access or use the services offered through the Site.

Request Restriction of Processing Your Personal Information 

You may restrict the processing of Your Personal Information to processing in certain circumstances. Note that our inability to process Your Personal Information may make it impossible for You to access the services offered through the Site. 

Request Transfer of Your Personal Information

You may request the transfer of Your Personal Information to You or to a third party. We will provide to You, or a third party You have chosen, Your Personal Information in a structured, commonly used, machine-readable format. Note that this right only applies to updated information that You initially provide consent for us to use or where We used the information to perform a contract with You.

Withdraw Consent

You have the right to withdraw consent at any time where We are relying on consent to process Your Personal Information. However, this will not affect the lawfulness of any processing carried out before You withdrew Your consent. If You withdraw Your consent, We may not be able to provide certain products or services to You. We will advise You if this is the case at the time You withdraw Your consent. 

Not Be Subject to Profiling or Automated Decision-Making 

You have the right not to be subject to a decision based solely on automated data processing, including profiling, where the decision has a legal or other significant effect, subject to certain exceptions. 

Information from You 

Upon the exercise of any of these rights, as a security measure, We may need to request specific information from You to confirm Your identity and ensure Your right to access Your Personal Information or exercise Your other rights. We do this to ensure that Personal Information is not disclosed to any person who does not have a right to receive it. We may also reach out to You for further information in relation to Your request.

How to Exercise these Rights

You may exercise any of Your rights as described in this Statement and under applicable data privacy laws by contacting us in the Data Protection Contact section above. Except as described in this Statement or provided under data privacy laws, We do not charge You to exercise Your legal rights as stated herein. However, if Your requests are manifestly excessive or unfounded (particularly if they are repetitive), We may either a) charge a reasonable fee for providing the information or taking the action requested; or b) refuse to act on the request.

Transfer of Data from European Economic Area (“EEA”) to United States of America 

If You are located in the EEA, it is necessary for us to transfer Your Personal Information outside of the EEA to our Site and third-party service providers located in the United States of America and as described herein. 

When Personal Information is transferred to and stored in a country not determined by the European Commission as providing adequate levels of protection for Personal Information such as the United States, We take steps to provide appropriate safeguards to protect Your Personal Information but cannot guarantee protection of your Personal Information. 

Please contact us if You want further information on the specific mechanism used by us when transferring Your Personal Information out of the EEA.

Notice of Transfer of Data from Canada to United States of America

If You are located in Canada, You understand that Your Personal Information is being transferred from Canada to the United States of America.

If You have questions, suggestions, or complaints about this Privacy Statement or the Site’s privacy practices, send an email to the contact listed in the Data Protection Contact section below. If You are located in the EEA or Canada, You may also have a right to complaint to Your relevant supervisory authority in the EEA or Canada.

Mediavine Programmatic Advertising

For information regarding data collection by Mediavine ad partners including how to opt out of data collection, please click here.

Data Protection Contact Details

Full name of legal entity: MK Media Group LLC

Email address: [email protected]

Postal address: 12460 Crabapple Road, Suite 202 #120, Alpharetta, GA 30004, United States.