PRIVACY POLICY
Effective date: April 2023
Please read the following notice to learn more about our Privacy Policy. By using or accessing 5 Elements Living’s website, personal training sessions, food preparation and meal planning, Ayurvedic health advising services, or other services (“Services”) in any manner, you acknowledge that you agree to this Privacy Policy, and you consent to how we will collect, use, and share your information in the following manner.
What does this Privacy Policy cover?
This Privacy Policy discusses our treatment of your personally identifiable information (“Personal Information”) that we gather when you are accessing or using our Services. This Privacy Policy does not cover the practices of companies we don’t own or control, or people that we don’t manage. We gather various types of Personal Information from our users, as explained in more detail below. Internally, we use this Personal Information in connection with our Services, including to (i) personalize, provide, and improve our Services, (ii) to contact you, (iii) to fulfill your requests for certain services, and (iv) to analyze how you use the Services.
In certain cases, we may also share some Personal Information with third parties, but only as described below. This Privacy Policy does not apply to your personal protected health information that we may collect on behalf of health care providers subject to the Health Insurance Portability and Accountability Act (“HIPAA”). Such personal protected health information is subject to our agreements with those health care providers and their notices of privacy practices and policies, as applicable.
We do not knowingly collect or solicit personal information directly from anyone under the age of 18. If you are under 18, please do not attempt to register for our Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 18, we will delete that information as quickly as possible. If you believe that a child under 18 may have provided us with personal information, please contact us at jen@5elementsliving.com.
Will 5 Elements Living ever change this Privacy Policy?
We reserve the right to change this Privacy Policy at any time. We will notify you of any changes by giving notice on https://www.5elementsliving.com/, by sending you an email, and/or by some other means. Your use of our Services after any changes to the Privacy Policy have been posted means that you agree to all of the changes.
What Information does 5 Elements Living collect?
We receive and store any information that you or a designated caregiver knowingly provides to us. For example, if you submit a form through the “Contact” page on our website, we will collect Personal Information such as your name, phone number, and email address. Certain information may be required to register with us and take advantage of our Services, such as medical history, dietary restrictions, etc. We may communicate with you if you’ve provided us the means to do so. For example, if you’ve given us your email address, we may send you promotional email offers on behalf of 5 Elements Living, other businesses, or email you about your use of the Services. If you do not want to receive communications from us, please indicate your preference by sending an email to jen@5elementsliving.com or by clicking the “unsubscribe” button located at the bottom of any email communications that we send you.
Will 5 Elements Living share any of the Personal Information it receives?
We may occasionally photograph or record a portion of the session for promotional or research purposes. In such cases, you will be notified before we photograph or record any sessions and have the ability to opt-out, and we may ask you to sign a written release form or ask for your permission for such recordings.
On a few occasions, we may write a research article or deliver a presentation regarding personal training, Ayurvedic health, or other Services. In such cases, all information will be anonymized.
We may disclose information about you to people outside our company who may be involved in your care after you leave, such as your healthcare provider.
We do not sell any of your Personal Information. We may use and disclose your Personal Information with a third party used to process billing information, such as billing companies, claims processing companies, and collection companies.
If we choose to buy or sell assets, we may share and/or transfer your account, contact, and other Personal Information in connection with the evaluation of and entry into such transactions. Additionally, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information may be one of the assets transferred to or acquired by a third party.
We may anonymize your Personal Information so that you are not identified as an individual, and provide that information to our partners. We may also use aggregate usage information to understand how often and in what ways people use our Services, so that we can provide you with an optimal online experience.
In some circumstances, we employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a third-party mail management service to send you emails on our behalf. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.
We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to (i) comply with state, federal, or other laws or a court order, (ii) enforce or apply this Privacy Policy and other agreements, or (iii) protect the rights, property, or safety of 5 Elements Living, our employees, our users, or others.
In compliance with HIPAA, your personal protected health information cannot and will not be sold and will remain confidential.
Is Personal Information about me secure?
We are committed to protecting the privacy of your Personal Information that we hold in our records. While we take strict measures to protect information, we cannot guarantee complete security, such as from unauthorized entry or use, hardware or software failure, and other factors that may compromise the security of user information.
We will conceal all private information, especially concerning clients’ medical history, diagnoses, dietary restrictions, or specific concerns addressed during sessions. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions and confidential information will be encrypted using SSL technology.
Under HIPAA or as required by law, you have the right to be notified if there is a breach of your unsecured protected health information. If requested, this notification may be provided to you via email.
Third-Party Platforms
We use third-party platforms, including but not limited to Adobe (each a “Third-Party Platform”), to receive certain information, which is used to provide you with the Services. The information that 5 Elements Living may access, collect and store may include the following, among other information, as allowed by you:
1. Your name
2. Your email address
3. Your medical history
4. Your daily activity
5. Your birthday
6. Your location
7. Your nutrition information
8. Your physical fitness
The privacy practices of Third-Party Platforms are not governed by this Privacy Policy. We encourage you to review the privacy policies of these Third-Party Platforms and services to understand their practices.
Does 5 Elements Living offer medical advice?
5 Elements Living does not offer medical advice, diagnoses, or engage in the practice of medicine. Our Services are not intended to be a substitute for professional medical advice or diagnosis and are offered for informational purposes only. The Services are not intended to be, and must not be taken to be, the practice of medicine, nursing, pharmacy, or other healthcare advice by 5 Elements Living.
Our Services are not meant to diagnose any conditions – only your medical professional can determine the right course of treatment for you and determine what is safe, appropriate and effective based on your needs. Reliance on any information provided by 5 Elements Living or in connection with the Services is solely at your own risk. You are solely responsible for any decisions or actions you take based on the information and materials available through the Services.
You acknowledge that although Ayurvedic health advising services may be provided by individuals in the medical profession, the provision of such content does not create a medical professional/patient relationship between you and 5 Elements Living or between you and any other individual or entity, and does not constitute an opinion, medical advice, or diagnosis or treatment. Healthcare providers and patients should always obtain applicable diagnostic information from appropriate trusted sources. Healthcare providers should never withhold professional medical advice or delay in providing it because of something they have read in connection with our personal training or wellness Services.
THE SERVICES SHOULD NEVER BE USED AS A SUBSTITUTE FOR EMERGENCY CARE. IF YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, ARE THINKING ABOUT SUICIDE OR TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, YOU SHOULD SEEK EMERGENCY TREATMENT AT THE NEAREST EMERGENCY ROOM OR DIAL 911.
State Law Privacy Rights
If you are a resident of California, Nevada, Virginia, or another applicable state with state-specific privacy laws, the processing of certain personal data about you may be subject to the California Consumer Privacy Act (“CCPA”) and other applicable state privacy laws.
For the purposes of this section, “personal information” means “personal data”, “personal information” or similar terms under the applicable privacy laws of the state in which you reside. Please note that not all of the rights listed below are applicable to all users, and if you are not a resident of the applicable states, you may not be able to exercise these rights.
In particular, you may have the following rights, however, these rights are not absolute and in certain cases, we may decline your request as permitted by law.
Know: The right to request that we disclose the Personal Information we collect, use, or disclose about you, and information about our data practices. As a California resident, you may request information about (i) the categories of personal information that we have collected; (ii) the categories of sources from which we collected personal information; (iii) the business or commercial purpose for collecting, sharing and/or selling personal information; (iv) the categories of any personal information that we sold or disclosed for a business purpose; and (v) the categories of any third parties with whom personal information was sold, shared or disclosed for a business purpose;
Access: The right to request copies of your personal information that we have collected about you;
Correction: The right to request that we correct any inaccurate personal information that we have collected about you;
Request Deletion: The right to request that we delete Personal Information that we have collected from you;
Opt-Out: The right to opt-out of (i) tracking activities for targeted advertising purposes, (ii) sales of your personal information, and (iii) certain “profiling” as defined in applicable privacy laws, which may include automated processing to analyze or predict your interests or other behavior;
Non-Discrimination: You have the right to not be discriminated against for exercising any of these rights. For example, if you exercise your rights, we will not deny you services, charge you different prices for services or provide you with a different level or quality of services.
California residents can exercise the above rights themselves or designate an authorized agent to make requests on their behalf. You or an authorized agent may submit requests by contacting us at jen@5elementsliving.com. We may request additional documentation or information solely for the purpose of verifying your identity before completing your request. An authorized agent must have your signed permission to submit a request on your behalf or provide proof that they have power of attorney in accordance with California law. Before completing a request from an authorized agent, we may contact you directly to confirm your identity and/or to confirm that you’ve given the agent permission to act on your behalf.
If you want to make a request but do not have an account with us, we will ask you for information that we consider necessary to verify your identity for security and to prevent fraud. This information may include name, contact information, and information related to your transaction or relationship with us, but the specific information requested may differ depending on the circumstances of your request for your security and to protect your privacy rights. If we delete your Personal Information, we will both cause certain Personal Information about you to be permanently unrecoverable and also deidentify certain Personal Information.
Your browser may offer you a “Do Not Track” option that allows you to indicate that you do not want the operators of websites and web applications to track some of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com.
If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa.
What choices do I have?
You may always opt not to disclose information to us, but keep in mind some information may be needed to register for our Services.
You may be able to add, update, or delete information by contacting us at jen@5elementsliving.com. However, when you update information, we may maintain a copy of the unrevised information in our records. Some information may remain in our records even if you request the deletion of such information. Also, we may use aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
Contact Information
If you have any questions or comments about our Privacy Policy, how we collect and use your Personal Information, and/or your choices and rights regarding such use, please contact us at: https://www.5elementsliving.com/contact or via email at jen@5elementsliving.com.