Last updated: January 23, 2024

INTRODUCTION

Custom Health 360 LLC dba Kaboodle ("Company" or "We") respects your privacy and is committed to protecting it through its compliance with this policy. This policy describes the types of information we may collect from you or that you may provide when visiting https://www.getkaboodle.com

(the “Website”), and/or any content, functionality and services offered on or through the Website, whether as a guest or a registered user), and our practices for collecting, using, maintaining, protecting and disclosing submitted information.

This Privacy Policy applies to all information we collect through the Website, e-mail, text, and any other electronic messages between you and this Website. It does not apply to information collected by (a) us offline or through any other means, including on any other website operated by Company or any third party; or (b) any third party, including through any application or content (including advertising) that may link to or be accessible on the Website.

Please read this policy carefully, before using the Website or submitting any personal information, to fully understand our policies and practices regarding your information and how we will use it. If you do not agree with our policies and practices, your choice is to not use our Website. By accessing or using the Website, you agree and consent to this Privacy Policy. This policy may change from time to time. Your continued use of this Website implies that even after we make changes to the policy your continued use is to be deemed as accepting any changes made within the policy, so please check the policy periodically for updates.

CONSENT

By using our website, you hereby consent to our Privacy Policy and agree to its terms.

INFORMATION IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES

All materials on our website (hereinafter “Materials”) are provided solely for informational purposes. The Materials are not intended to constitute any advice. Your viewing or use of the materials shall in no way create any relationship with Kaboodle or any of our partners, associates or affiliates.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of our Website, including information (a) by which you may be personally identified, such as name, postal address, e-mail address, telephone number, credit card information (if voluntarily submitted by our visitors), or any other identifier by which you may be contacted online or offline (“personal information“); or (b) about your internet connection, the equipment you use to access our Website and usage details. We collect this information: (a) directly from you when you provide it to us, or (b) automatically as you navigate through the Website (which may include usage details, IP addresses and information collected through cookies, web beacons, and other tracking technologies); and (c) from third parties, for example, our business partners.

INFORMATION YOU PROVIDE TO US

The information we collect on or through our Website may include (a) information that you provide by filling in forms on our Website, including information provided at the time of registering to use our Website, reporting problems with our Website, subscribing to our service, posting material, or requesting further services; (b) records and copies of your correspondence (including email addresses), if you contact us; (c) your responses to surveys that we might ask you to complete for research purposes; (d) details of transactions you carry out through our Website and of the fulfillment of your orders, including financial information you may be required to provide before placing an order through our Website; and (e) your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

In summary, personally identifiable information may include, but is not limited to:

First name and last name

Email address

Phone number

Business name

Website URL

Address, State, Province, ZIP/Postal code, City

Any personal information you post on our websiteData about how you use our website

Technical data such as your IP address, your login data, details about your browser, time zone settings and other technology on the device you use to access our website

Your marketing and communication preferences

Any information that you directly provide to us whether through our contact form, survey, over the phone, by email or otherwise

Photographs of you at events

Cookies and Usage DataSecurity

We take commercially reasonable steps to protect the personal identifiable information you provide to us from misuse, disclosure or unauthorized access. We only share personal identifiable information with trusted third parties who use the same level of care in processing your personal identifiable information. That being said, due to the nature of the internet and developing technologies, we cannot, however, provide assurances as to the security of your information, and we disclaim any such obligations. Should there be a data breach of which we are aware, we will notify you immediately

INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES

We also may collect various types of non-personally identifiable information to help us make your experience more enjoyable such as measuring site activity to identify future improvements that can be made and compile aggregate data to help serve site visitors better.

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including (a) details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website, or (b) information about your computer and internet connection, including your IP address, operating system and browser type. We may use your IP address to help prevent fraud, to help diagnose problems with our server, to gather broad demographic information, and to offer you products and services. Because there is not yet a common understanding of how to interpret web browser-based “Do Not Track” signals other than cookies, we do not currently respond to “Do Not Track” signals that are undefined.

The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. This data helps us to improve our Website and to deliver a better and more personalized service, by enabling us to (a) estimate our audience size and usage patterns; (b) store information about your preferences, allowing us to customize our Website according to your individual interests; (c) speed up your searches; and (d) recognize you when you return to our Website.

The technologies we use for this automatic data collection may include cookies, flash cookies, and/or web beacons, described below:

Cookies (or browser cookies).

A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website, allowing us to enhance your user experience.

Flash Cookies.

Certain features of our Website may use locally stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

Web Beacons.

Emails and newsletters are sent electronically, as well as Pages of our Website, may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related Website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

If you visit this site with an open ID (such as Facebook), you may also be sharing and integrating data with third-party social media sites, and we may track aggregate data about the number of visits to this site with an open ID, the number of items “liked” on this site, or items on this site that you choose to share with a third-party social media site.

We do not collect personal Information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

HOW DO END USERS CONSENT TO RECEIVE MESSAGES?

Contacts and users opt-in on our website and select their preferred method of communication - SMS, Email, or Both. There is an opt-out and SMS Fees may apply disclaimer. Here is a link to our website contact form:

NEED FORM

THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES

Some content or applications, including advertisements on the Website are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when using our website. The information they collect may be associated with your personal information or may collect information including personal information about your online activities over time across different websites and other online services. Third-parties may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control and are not liable for the actions of any third parties who we may promote. We pride ourselves in working with quality companies but have no control over the actions of those third parties. While we are not liable for any of the actions of those third parties, you should feel free to give us feedback from time to time on your experiences with any third parties to whom we work with so that we may enhance our future service to all customers. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

SERVICE PROVIDERS

We may employ third party companies and individuals to facilitate our website, to provide the website on our behalf, to perform website-related services or to assist us in analyzing how our website is used.

These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

These service providers may include, but are not limited to:

Typeform: Their privacy policy can be viewed at

https://admin.typeform.com/to/dwk6gt

Hubspot: Their privacy policy can be viewed at

https://legal.hubspot.com/privacy-policy

Airtable: Their privacy policy can be viewed at

https://www.airtable.com/privacy

Kajabi: Their privacy policy can be viewed at

https://kajabi.com/policies/privacy

Calendly: Their privacy policy can be viewed at

https://calendly.com/pages/privacy

Aweber: Their privacy policy can be viewed at

https://www.aweber.com/privacy.htm

Zapier: Their privacy policy can be viewed at

https://zapier.com/privacy

SimpleTexting: Their privacy policy can be viewed at

https://simpletexting.com/privacy-policy/

PAYMENTS

We may provide paid products and/or services within the website. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.The payment processors we work with are:Stripe:Their privacy policy can be viewed athttps://

stripe.com/privacy

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information (a) to present our Website and its contents to you; (b) to validate your compliance with the Terms of Use applicable to the Website; (c) for content improvement and feedback purposes; (d) to provide you with information, products or services that you request from us; (e) to reach you, when necessary, regarding your use of the Website or products; (f) to contact you about our goods and services that may be of interest to you; (g) to fulfill any other purpose for which you provide it; (h) to provide you with notices about your account/subscription, including expiration and renewal notices; (i) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; (j) to notify you about changes to our Website or any products or services we offer or provide though it; (k) to allow you to participate in interactive features on our Website; (l) to run social media advertisements and/or create look-alike audiences for advertisements; (m) to process payments, and Google/social media accounts in order to run advertisements and our affiliates; (n) in any other way we may describe when you provide the information; (o) for any other purpose with your consent

.We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

By submitting your email address on the Website, you agree to receive emails from the Company and its Websites. You can cancel your participation in any of these email lists at any time by clicking the opt-out link or other unsubscribe option that is included in the respective email. We only send emails to people who have authorized us to contact them. We do not send unsolicited commercial emails, because we hate spam as much as you do. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent or share your email address.

By submitting your mobile phone number on the Website, you expressly consent to receive automated marketing text messages from us to the mobile phone number provided. Consent is not required to purchase goods or services. Message and data rates will apply and you should check the rates of your mobile carrier. You can opt out from further text marketing communications by texting STOP to the SMS number used by the Company to contact you. We also retain the right to contact you via telemarketing in accordance with the ATSR and the applicable state regulations.

LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION UNDER GENERAL DATA PROTECTION REGULATION (GDPR)

If you are from the European Economic Area (EEA), Kaboodle’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the personal information we collect and the specific context in which we collect it.

We may process your personal information because:

We need to perform a contract with you.

You have given us permission to do so.

The processing is in our legitimate interests and its not overridden by your rights.

For payment processing purposes.

To comply with the law.

RETENTION OF DATA

We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

TRANSFER OF DATA

Your personal information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including your personal information, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your personal information will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this privacy policy: (a) to our subsidiaries and affiliates; (b) to contractors, service providers and other third parties we use to support our business; (c) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred; (d) to third parties to market their products or services to you if you have not opted out of these disclosures; (e) to fulfill the purpose for which you provide it; (f) for any other purpose disclosed by us when you provide the information; or (g) with your consent. We may also disclose your personal information (a) to comply with any court order, law or legal process, including to respond to any government or regulatory request; (b) to enforce or apply our Terms of Use and other agreements, including for billing and collection purposes; or (c) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others (this includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction).

Except as otherwise stated herein, we will NEVER share your personally identifiable information with third parties unless you have given us explicit permission to do so, such as in order to fulfill a third party offer that you have accepted from us. However, by permitting us to collect this information, you will be able to receive information on other products and services that may be of interest to you, including related third party offers that we may send directly to you. You also enable us to personalize your experience with us so that we can provide you with the highest quality of service. By participating in one of our membership programs through the Website, you agree and understand that other members of the program may see the comments, questions, photos, and/or other documents that you post on the membership Website, as well as any responses to you that are posted by the Company or other members. If you do not want your personal details revealed to other members of the program, then please do not post any such information through the membership Website.

MATERIAL BUSINESS TRANSACTION

If we are involved in a material business transaction such as a merger, acquisition or asset sale, your personal information may be transferred. We will provide notice before your personal information is transferred and becomes subject to a different Privacy Policy.

CHOICES ABOUT HOW WE USE AN DISCLOSE YOUR INFORMATION

You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

ACCESSING AND CORRECTING YOUR INFORMATION

You can review and change your personal information by logging into the Website and visiting your account profile page. You may also send us an e-mail at [email protected] to request access to, correct or delete any personal information that you have provided to us, or to unsubscribe from any of opt-ins, mailings or our newsletters. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our “Terms of Use” accessible in the footer of our Website.

YOUR DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your personal information.If you wish to be informed what personal information we hold about you and if you want it to be removed from our systems, please contact us [email protected]

In certain circumstances, you have the following data protection rights:

The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your personal information directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

The right to object. You have the right to object to our processing of your personal information.

The right of restriction. You have the right to request that we restrict the processing of your personal information.

The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.

We may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your personal information. For more information, please contact your local data protection authority in the European Economic Area (EEA).

OWNERSHIP OF SITE CONTENTS; DOWNLOADING

Unless otherwise noted, all text, images, illustrations, design, icons, photographs, video clips, and other materials that are part of our Website (collectively “Contents”) are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by Nutrition Dynamic or used under principles of “fair use.” The Contents of our site and the Website as a whole are intended solely for your personal use. You may download or copy the Contents and other downloadable materials displayed on our site for such uses, provided that you do not remove any copyright or other proprietary notices contained on the materials. By allowing you to download these materials, we expressly do not transfer to you any right, title, or interest in the materials.

CHILDREN UNDER THE AGE OF 13

Our Website is not intended for children under 18 years of age in compliance with COPPA (Children’s Online Privacy Protection Act) and the GDPR (General Data Protection Regulation of the EU). No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please email us at [email protected]

COMMITMENT TO DATA SECURITY

While we take commercially reasonable steps to protect your personal identifiable information from unauthorized access, misuse, or disclosure, unfortunately, the transmission of information via the internet is not completely secure. Therefore, we cannot guarantee the security of your personal information transmitted through our Website, or that any breach will not occur. In the event that a breach should occur, we will notify you immediately along with taking adequate steps to rectify the breach. Any transmission of personal information however is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. That said, we do recommend you take every precaution in protecting your personal identifiable information data when you are using the internet such as changing your passwords often using a combination of letters and numbers when creating passwords. In addition, we recommend you use a secure browser while doing so.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are solely responsible for the safekeeping, confidentiality, and management of your password and password-protected account. We ask and implore you not to share your password with anyone.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.

WEBSITE DISCLAIMER

While we use reasonable efforts to include accurate and up-to-date information on our site, we make no warranties or representations as to its accuracy. KABOODLE assumes no liability or responsibility or any errors or omissions in the content on our website.

OUR WEBSITE AND ALL CONTENTS OF OUR WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF OUR WEBSITE THAT YOUR USE OF SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND THAT KABOODLE SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER RELATED TO YOUR USE OF OUR WEBSITE.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

INDEMNIFICATION

You agree to defend, indemnify, and hold KABOODLE harmless from and against any and all claims, damages, costs, and expenses, including attorney's fees, arises from or related to your failure to comply with this Privacy Policy.

LIMITATION OF LIABILITY

Neither KABOODLE nor any other party involved in creating, producing, delivering our website shall be liable for any direct, incidental, consequential, special, indirect, or punitive damages arising out of your access to or use of our website.

CHOICE OF LAW AND JURISDICTION

Unless otherwise specified, our Website and the Contents thereof are displayed solely for the purpose of promoting the goods and services of KABOODLE. Our Website is controlled and operated by KABOODLE in the United States and Canada. This Privacy Policy and your agreement to it shall be construed in accordance with the laws of the State of Kentucky, without regard to any conflict of law provisions. Any dispute arising under this Privacy Policy shall be resolved exclusively by the state or federal courts sitting in Kenton County, Kentucky.

ARBITRATION

At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms & Conditions or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Kentucky law.

CONTACTING US

If you need to contact us, you can email us at [email protected]. We strive to provide excellent products, along with equally excellent customer service. If you have any questions about this Privacy Policy or our practices, please feel free to contact us.

If you have any questions about this Privacy Policy, You can contact us:

By email: [email protected]

By letter: 5208 Arbor Knoll Ln, Independence, KY 41051

By phone: (352) 290-3616