Privacy Policy

Updated 10/22/2020

PLEASE READ THE FOLLOWING PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING, USING, ACCESSING, OR PURCHASING ANY PRODUCT OR SERVICE THROUGH, ANY PART OF THE BURN360 WEBSITE OR SERVICES OR THE BURN360 MOBILE APPLICATION (IF AVAILABLE).n

I. OVERVIEW

The following privacy policy (the "Policy") tells you about the information that Burn360 Media Inc. d/b/a Burn360 ("Burn360," "us," or "we") collects through its websites located at www.burn360.com, members.burn360.com, any affiliated sub-domains, and any affiliated websites on which this Policy is posted (the "Website") and through the Burn360 Mobile Application and its services, if available (the "Application") (collectively the Website and the Application are referred to as the "Services") and how Burn360 may use or disclose that collected information.

By accessing the Services, continuing to access the Services, purchasing any products or services through the Services, downloading and/or using the Application (if any), or submitting any information through the Services, you are consenting to the information collection, use, and disclosure practices described in this Policy. Your use of the Services is also governed by the Terms of Service which are expressly incorporated into this Policy.

II. CONTACT INFORMATION

If you have questions concerning this Policy, please contact Burn360 through the contact us page or at the following:

Burn360 Media Inc. d/b/a Burn360

533-1641 Lonsdale Ave

North Vancouver, BC V7M 2J5

help@burn360.com

(415) 621-9798

For information related to your ability to exercise your rights under the European Union's General Data Protection Regulation (GDPR), if applicable, please read the information contained in Section V, below.

III. COLLECTION, USE, AND DISCLOSURE OF INFORMATION

The following sections tell you about the information Burn360 may collect about you, how it may use that information, the basis for the processing of that information, the recipients of that information, and your choices about that information processing. Burn360 collects and uses any information or content you submit or upload through the Services, whether through your submission of information through a form, purchase of a product or subscription, or otherwise. Burn360 also collects certain information automatically about you, your computer or device, and your use of the Services. While Burn360 has attempted to accurately describe its data processing practices, Burn360 reserves the right to collect, use, and disclose to any person any information permitted by applicable law.

A. Identification and Contact Information

Subject to your ability to make certain choices regarding the collection or processing of your information, as explained in Section 7 below, Burn360 collects, uses, and discloses identification and contact information (collectively, "Contact Information") as set forth in this Section A.

  1. Identification of Collected Information

Burn360 collects and uses the Contact Information you submit to Burn360 through the Services. This Contact Information may include the following:

  • First and last name;

  • Email address;

  • Mailing address; and

  • Telephone number.

  1. Description of the Method of Collection

Burn360 collects this Contact Information when you submit it through a form on the Services, including when you submit your email address to receive marketing emails or when you submit your information to register or purchase a product or subscription.

  1. Purpose of the Processing

Burn360 collects and uses the Contact Information for the following purposes:

  • Fulfill your product order;

  • Send you an order confirmation or receipt for your product order;

  • Send you a shipment notification;

  • Connect or validate a billing address or zip code associated with your payment method;

  • Communicate with you, via any contact method provided to us, regarding your order or the products or services you ordered;

  • Send you, via any contact method provided to us, marketing communications, including advertisements for products or services for which we think you might be interested. These may include products that we offer or that are offered by our affiliated entities or by third-parties;

  • Conduct contests that you enter;

  • Analyze and track usage of the Services, at an individual or aggregate level. This allows us to better enhance, improve, and optimize the Services and to provide the most relevant content to our users; and

  • Detect fraud and unauthorized access or use of the Services.

  1. Legal Basis for the Processing

The legal bases for the processing of the Contact Information are (1) you have given consent to the processing of your information for these purposes; (2) the processing of this information is necessary for us to comply with our contractual obligation to fulfill your product order, provide product support and updates, and to otherwise provide you the products or services you requested, and (3) the processing of this information is necessary to fulfill and protect Burn360's legitimate interests, including the need to analyze and improve the technical operation of the Services.

By submitting your Contact Information to Burn360, you consent to the processing of this information as described herein.

  1. Recipients of the Information

Burn360 may disclose your Contact Information to third-parties that provide the following types of services to Burn360:

  • host the Burn360 website and Services;

  • provide customer relationship management services;

  • assist Burn360 in analyzing and tracking usage of the Services;

  • manage or facilitate our email marketing program and to send you communications on our behalf;

  • store Burn360's data (e.g., cloud storage providers);

  • process payments or credit card transactions or otherwise facilitate the checkout process;

  • conduct contests;

  • generate and send you receipts for your orders;

  • assist in the fulfillment of orders;

  • provide Burn360 services that facilitate its internal operations (e.g., email services);

  • detect fraud;

  • collect debts; or

  • otherwise assist Burn360 in better serving its users.

Burn360 may disclose your Contact Information to its affiliated entities or to third-parties for analytic or marketing purposes. These organizations may contact you via any method of contact you provide to Burn360.

Burn360 also reserves the right to disclose the Contact Information to any other person or company permitted by applicable law.

  1. Data Retention

Burn360 will store the Contact Information until the latest of the following: 1) you no longer need access, updates, or support for any purchased products, subscriptions, or services; 2) you are removed or opt-out from all marketing lists; and 3) Burn360 makes the determination that the retention of the Contact Information is no longer useful to retain, including the retaining the information to provide the Services, address customer service inquiries, comply with our legal obligations, resolve disputes, enforce our agreements, or to otherwise maintain accurate records of its transactions. Burn360 may store anonymized information indefinitely.

  1. Choice

Burn360 strives to provide you choices regarding the collection, use, and disclosure of your personal information. However, Burn360 must be able to collect, use, and disclosure certain information in order to provide you the services you request and to effectively operate the Services. You have the following choices regarding the collection, use, and disclosure of Contact Information:

You can choose not to submit any Contact Information to us. However, we must have your Contact Information in order to provide you the services you request, including the fulfillment of product orders or the provision of access to the membership areas of the Services.

You can choose to opt-in to receiving marketing emails from Burn360. You can opt-out of marketing communications at any time by following the instructions located in our marketing emails. Even if you opt-out of marketing communications, we must still collect and use your contact information if you create a user profile or purchase a product or membership because we may need to contact you to provide customer support, product access, and product updates.

You can choose whether to enter any contests conducted by Burn360.

B. Profile Information

If you choose to provide the information to Burn360, then Burn360 collects, uses, and discloses information that you submit to complete a user profile, provide testimonials, track results, or otherwise engage with the Services and other users of the Services (collectively, "Profile Information") as set forth in this Section B.

  1. Identification of Collected Information

The Services may from time to time permit you to submit Profile Information to Burn360 through the Services. This Profile Information may include the following:

  • Gender;

  • Birthdate and age;

  • Weight;

  • Height;

  • Health conditions;

  • Photos;

  • Videos;

  • Testimonials;

  • Biography;

  • Personal website URL;

  • Occupation;

  • Interests; and

  • Any other personal information submitted by a user in order to develop a user profile, to interact with other Users, track their progress, or obtain more personalized information from Burn360 or other users of the Services.

  1. Description of the Method of Collection

Burn360 collects this Profile Information when you submit it through the membership area contained in the Services, email or mail the Profile Information to Burn360, or otherwise submit the Profile Information to Burn360.

  1. Purpose of the Processing

Burn360 collects and uses the Profile Information for the following purposes:

  • Allow users to develop a membership profile;

  • Allow users to post Profile Information and make it accessible to other users of the Services;

  • Track users' progress and goals;

  • Conduct contests;

  • Solicit and publish testimonials;

  • Provide personalized information, recommendations, advertisements, and communications based on the Profile Information;

  • Analyze and track usage of the Services, at an individual or aggregate level. This allows us to better enhance, improve, and optimize the Services and to provide the most relevant content to our users.

  1. Legal Basis for the Processing

The legal bases for the processing of the Profile Information are (1) you have given consent to the processing of your information for these purposes; and (2) if you have requested that Burn360 provide you information based on your Profile Information, the processing of this information is necessary for us to provide the requested services you requested.

By submitting your Profile Information to Burn360, you consent to the processing of this information as described herein.

  1. Recipients of the Information

Burn360 may disclose your Profile Information to third-parties that provide the following types of services to Burn360:

  • host the Burn360 website and Services;

  • provide customer relationship management services;

  • assist Burn360 in analyzing and tracking usage of the Services;

  • manage or facilitate our email marketing program and to send you communications on our behalf;

  • store Burn360's data (e.g., cloud storage providers);

  • conduct contests;

  • provide Burn360 services that facilitate its internal operations (e.g., email services);or

  • otherwise assist Burn360 in better serving its users.

Profile Information may be visible to other users of the Services.

Burn360 may disclose your Profile Information to its affiliated entities or to third-parties for analytic or marketing purposes. These organizations may contact you via any method of contact you provide to Burn360.

Burn360 also reserves the right to disclose the Profile Information to any other person or company permitted by applicable law.

  1. Data Retention

Burn360 will store the Profile Information until the latest of the following: 1) You delete your account and/or Profile Information; and 2) Burn360 makes the determination that the retention of the Profile Information is no longer useful to retain, including the retaining the information to provide the Services, address customer service inquiries, comply with our legal obligations, resolve disputes, enforce our agreements, or to otherwise maintain accurate records of its transactions. Burn360 may store anonymized information indefinitely.

  1. Choice

Submission of Profile Information is voluntary. You can choose whether to submit Profile Information to Burn360. Providing Profile Information may allow you to better utilize the Services and to receive more personalized information and communications, but it is generally not required in order to purchase a product or subscription.

You can delete your Profile Information at any time by editing your Profile Information in the membership area of the Services.

You can choose whether to enter any contests conducted by Burn360

You can choose whether to submit any testimonials, photos, or videos to Burn360.

C. Purchase Information

Subject to your ability to make certain choices regarding the collection or processing of your information, as explained in Section 7 below, Burn360 collects, uses, and discloses information about the subscriptions and products you purchase when you place an order through the Services (the "Purchase Information") as set forth in this Section C.

  1. Identification of Collected Information

Burn360 collects and uses your Purchase Information. This Purchase Information may include the following:

  • Particular products or subscriptions you purchased;

  • The duration of any subscriptions;

  • The date and time of your purchases; and

  • Customer support history.

  1. Description of the Method of Collection

Burn360 collects this Purchase Information when you place orders through the Services and when you continue to pay for your subscriptions.

  1. Purpose of the Processing

Burn360 collects and uses the Purchase Information for the following purposes:

  • Fulfill your product order;

  • Tailor communications to you regarding the particular products you have purchased, including updates, tips, or other information related to those particular products; and

  • Suggest other products and services in which you might be interested;

  • Provide you customer service and support;

  • Provide customer support; and

  • Analyze and track usage of the Services, at an individual or aggregate level. This allows us to better enhance, improve, and optimize the Services and to provide the most relevant content to our users.

  1. Legal Basis for the Processing

The legal bases for the processing of the Purchase Information are (1) you have given consent to the processing of your information for these purposes; (2) the processing of this information is necessary for us to comply with our contractual obligation to fulfill your product order, provide product support and updates, and to otherwise provide you the products or services you requested, and (3) the processing of this information is necessary to fulfill and protect Burn360's legitimate interests, including the need to analyze and improve the technical operation of the Services.

By making a purchase through the Services, you consent to the processing of this information as described herein, including the processing of special categories of personal information, if any.

  1. Recipients of the Information

Burn360 may disclose the Purchase Information to third-party companies that provide Burn360 services, including companies that:

  • host the Burn360 website and Services;

  • provide customer relationship management services;

  • assist Burn360 in analyzing and tracking usage of the Services;

  • manage or facilitate our email marketing program;

  • store Burn360's data (e.g., cloud storage providers);

  • process payments or credit card transactions or otherwise facilitate the checkout process;

  • generate and send you receipts for your orders;

  • fulfill orders;

  • provide Burn360 services that facilitate its internal operations (e.g., email services);

  • detect fraud;

  • collect debts; or

  • otherwise assist Burn360 in better serving the Services' users.

Burn360 may disclose your Purchase Information to its affiliated entities or to third-parties for marketing purposes. These affiliates and third-parties may contact you via any method of contact you provide to Burn360.

Burn360 also reserves the right to disclose the Purchase Information to any other person or company permitted by applicable law.

  1. Data Retention

Burn360 will store the Purchase Information until the latest of the following: 1) you no longer need access, updates, or support for any purchased products or services; 2) you are removed or opt-out from all marketing lists; and 3) Burn360 makes the determination that the retention of the Purchase Information is no longer useful to retain, including the retaining the information to provide the Services, address customer service inquiries, comply with our legal obligations, resolve disputes, enforce our agreements, or to otherwise maintain accurate records of its transactions. Burn360 may store anonymized information indefinitely.

  1. Choice

Burn360 strives to provide you choices regarding the collection, use, and disclosure of your personal information. However, Burn360 must be able to collect, use, and disclosure certain information in order to provide you the services you request and to effectively operate the Services. You have the following choices regarding the collection, use, and disclosure of Purchase Information:

You can choose not to place an order through the Services and therefore not submit any Purchase Information to us. However, we must collect your Purchase Information in order to provide you the Services.

You can choose to opt-in to receiving marketing emails from Burn360. You can opt-out of marketing communications at any time by following the instructions located in our marketing emails. Even if you opt-out of marketing communications, we must still collect and use your contact information if you create a user profile or purchase a product or membership because we may need to contact you to provide customer support, product access, and product updates.

D. Payment Information

Subject to your ability to make certain choices regarding the collection or processing of your information, as explained in Section 7 below, Burn360 collects, uses, and discloses Payment Information as set forth in this Section D.

  1. Identification of Collected Information

Burn360, either directly or through one or more third-party service providers, collects and uses your payment information when you place an order through the Services (the "Payment Information"). This Payment Information may include the following:

  • Full credit card number;

  • Truncated credit card number;

  • Credit card expiration date; and

  • Credit card CVV.

  1. Description of the Method of Collection

Burn360 collects this Payment Information when you place orders through the Services and when you continue to pay for your subscriptions.

  1. Purpose of the Processing

Burn360 collects and uses the Payment Information for the following purposes:

  • Fulfill your product order;

  • Process subscription payments;

  • Facilitate customer service inquiries based on truncated credit card numbers; and

  • Process payment of your product order.

Burn360, or its payment processor, may also utilize your Contact Information in conjunction with your Payment Information in order to process payment for your orders.

  1. Legal Basis for the Processing

The legal bases for the processing of the Payment Information are (1) you have given consent to the processing of your information for these purposes; and (2) the processing of this information is necessary for us to comply with our contractual obligation to fulfill your product order and to otherwise provide you the services you requested.

By making a purchase through the Services, you consent to the processing of this information as described herein.

  1. Recipients of the Information

Payment information is generally collected directly by Burn360's third-party payment processor or mobile application store (e.g., PayPal, Stripe, Apple, or Google). To the extent this collection is attributed to Burn360, Burn360 will disclose the Payment Information to these third-party companies that facilitate and process customer payments.

Burn360 may also disclose the Payment Information to other third parties that provide Burn360 services for the limited purpose of providing those services, including third parties that detect fraud, collect debts, or otherwise assist Burn360 in better serving the Services' users. During the course of providing Burn360 with these services, these third-parties may have access to your personal and non-personal information in order to provide the services we requested from those third-parties.

  1. Data Retention

Subject to independent retention systems by the payment processors and mobile application stores that directly collect the Payment Information, Burn360 may store the Payment Information until the latest of the following: 1) your subscription period ends (if applicable); and 2) Burn360 makes the determination that the retention of the Payment Information is no longer useful to retain, including the retaining the information to provide the Services, address customer service inquiries, comply with our legal obligations, resolve disputes, enforce our agreements, or to otherwise maintain accurate records of its transactions. Burn360 may store anonymized information indefinitely.

  1. Choice

Burn360 strives to provide you choices regarding the collection, use, and disclosure of your personal information. However, Burn360 must be able to collect, use, and disclosure certain information in order to provide you the services you request and to effectively operate the Services. You have the following choices regarding the collection, use, and disclosure of Payment Information:

You can choose not to place an order through the Services and therefore not submit any Payment Information to us. However, we must have your Payment Information in order for you to place, and in order for us to fulfill, a product or subscription order.

E. Passively Collected Information

Subject to your ability to make certain choices regarding the collection or processing of your information, as explained in Section 7 below, Burn360 collects, uses, and discloses Passive Information as set forth in this Section E.

  1. Identification of Collected Information

Burn360 may automatically collect, either directly or through the use of one or more third party providers (for example Google Analytics), passive information about your device, visit, or use of the Services ("Passive Information"). This Passive Information may include the following:

  • The date and time of your visits to the Services;

  • The length of your visit to Services;

  • The specific webpages you visited;

  • User behavior while using the Services, including the specific content you accessed on each webpage;

  • Data relating to advertisements that have been displayed to you, that you have clicked on, or that you have opened in your email;

  • Information about products placed in your shopping cart;

  • Your IP address;

  • Your device type and specifications;

  • Your web browser;

  • Your device or computer operating system;

  • The address of any website or link that directed you to the Services; and

  • Any applicable unique identifiers for you or your device, including your devices' Unique Device Identifier (UDID), any Apple or iOS identifiers (e.g., IDFA or an Advertising Identifier), any Google or Android identifiers (e.g., Android or Google Advertising ID), any Windows identifiers (e.g., Windows Advertising ID), or any other similar identifiers which identify you or your device).

  1. Description of the Method of Collection

Burn360 collects the Passive Information as you visit or use the Services. Burn360 may use several different technologies and may use third-party service providers to collect and analyze this information.

Cookies and Other Technologies. We, or other third-parties assisting us, may use cookies, web beacons, local shared objects (sometimes called "flash cookies"), or other similar technology in connection with your use of the Services (collectively, "Cookies"). Cookies are small data files that may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Services. Cookies may track activities over time and across websites or applications. The function and duration of Cookies vary. For more information about the particular cookies currently used on this website, please use your web browser's functions to view the Cookies stored on your computer or device or used by the Services.

Advertisers and Analytics Services. Burn360 may, from time to time, use one or more advertisers or analytics service providers, including, for example, Google. These advertisers and analytics providers use Cookies to gather information about your use of the Services and may also have collected information about your use of other websites that also use those same advertisers or analytics service providers. If Burn360 uses a Google analytics or advertising service, it may use any of the following Google analytics features: Google Ads, Remarketing, Google Display Network Impression Reporting, DoubleClick, and Google Analytics Demographics and Interest Reporting. We may combine information gathered from one or more of these services. Burn360 may use other analytics services from time to time.

For information about how Google uses information obtained through your use of the Services, visit https://policies.google.com/technologies/partner-sites. Through this link you can also learn more about Google's use of cookies, access Google's privacy policy, learn more about how Google collects and uses information for advertising, and how to control and personalize the information collected by Google through Cookies placed on the Services or on other websites.

The Services may, from time to time, also include social media functions allowing you to like or share content on social media platforms like Facebook or Twitter. These features may collect your information through the use of cookies or other technologies. These features may be hosted by a third-party and governed by the third-party's privacy policy.

  1. Purpose of the Processing

Burn360 collects and uses the Passive Information for the following purposes:

  • Analyze and track usage of the Services, at an individual or aggregate level. This allows us to better enhance, improve, and optimize the Services and to provide the most relevant content to our users;

  • Personalize the Services to better reflect your preferences;

  • Serve more relevant advertisements and determine the relevance and effectiveness of advertisements;

  • Through the use of third-party advertising companies, serve you targeted or interest-based advertisements regarding products and services that may be of interest to you. These advertisements may be shown to you when you use the Services or when you use other websites, applications, or online services. These advertisements may be targeted to you based on the Passive Information collected by the Cookies placed on your device by these third parties when you accessed the Services or when you accessed other websites or services that use the same third-party advertising provider.

  • Create custom advertisements for individual or groups of users to be served on the Services or on third-party websites or applications;

  • Remember items added to your shopping cart;

  • Allow the website to function properly;

  • Detect fraud and unauthorized access or use of the Services;

  • Recognize repeat visitors; and

  • Help diagnose problems with the Services.

  1. Legal Basis for the Processing

The legal bases for the processing of the Passive Information are (1) you have given consent to the processing of your information for these purposes; and (2) the processing of this information is necessary to fulfill and protect Burn360's legitimate interests, including the need to analyze and improve the technical operation of the Services.

By using the Services, you consent to the processing of the Passive Information as described herein.

  1. Recipients of the Information

Burn360 may disclose the Passive Information to the third-party companies that place Cookies on the Services and that provide Burn360 advertising or data analytics services discussed above.

Burn360 may from time to time need to provide the Passive Information to other services providers for the limited purpose of assisting Burn360 in providing, improving, or operating the Services, including third-parties that

  • store or host Burn360's data, website, or Services (cloud storage and website hosing providers);

  • personalize our web pages;

  • analyze our website or usage information;

  • process payments or credit card transactions;

  • fulfill orders;

  • detect fraud;

  • collect debts;

  • analyze or enhance the data collected by the Services (including user's interaction with the Services); or

  • otherwise assist Burn360 in better serving the Services' users.

Burn360 also reserves the right to disclose the Passive Information to any other person or company permitted by applicable law.

  1. Data Retention

Burn360 will store the Passive Information until the latest of the following: 1) your subscription period ends and you and you no longer need access to any purchased products or services; 2) you are removed or opt-out from all marketing lists; and 3) Burn360 makes the determination that the retention of the Passive Information is no longer useful to retain, including the retaining the information to provide the Services, address customer service inquiries, comply with our legal obligations, resolve disputes, enforce our agreements, or to otherwise maintain accurate records of its transactions. Burn360 may store anonymized information indefinitely. Google and other third-party analytics and advertising providers may have independent retention policies. Cookies have different durations depending on their purpose.

  1. Choice

Burn360 strives to provide you choices regarding the collection, use, and disclosure of your personal information. However, Burn360 must be able to collect, use, and disclosure certain information in order to provide you the services you request and to effectively operate the Services. You have the following choices regarding the collection, use, and disclosure of Passive Information:

You can disable some (but not all) Cookies in your device or browser settings, but doing so may affect your ability to use the Services and will reduce Burn360's ability to serve you more relevant and optimized content. Within your browser you can choose whether you want accept Cookies or not. Different browsers make different controls available to you, so we have provided links below to popular browser provider's instructions on how you can do this. Generally, your browser will offer you the choice to accept, refuse, or delete cookies at all times, or those from providers that website owners use, or those from specific websites.

  • Google Chrome

  • Internet Explorer

  • Firefox

  • Safari

  • Safari Mobile

Burn360 does not guarantee that it will take action in response to do-not-track signals or similar mechanisms.

You can make some choices about the information collected by Google by exercising the different options available to you at https://policies.google.com/technologies/partner-sites. You can also download the Google Analytics Opt-Out Browser Add-On at https://tools.google.com/dlpage/gaoptout/. However, Burn360 does not necessarily endorse this add-on and does not guarantee that using the add-on will be effective.

IV. International Transfer of Data

Burn360 is located in Canada and, if data originates outside Canada, Burn360 intends to transfer data collected by Burn360 to Canada. Some third-parties that provide services to Burn360 are located in other countries, including the United States and Italy. Accordingly, data may be transmitted to those countries for processing. Information that we collect will be processed and stored in Canada, a jurisdiction for which there is not an unqualified adequacy decision by the European Commission and in which the data protection and privacy laws may not offer the same level of protection as those in the country where you reside or are a citizen. Subject to applicable law, by using the Services, you consent to the transfer to and processing of information in Canada, the United States, and Italy.. Where necessary under applicable law, we may employ appropriate cross-border transfer methods governing personal data. If you have questions regarding these safeguards, please contact us at the address provided in Section II.

V. Notice Regarding GDPR Rights For European Union Residents

If you are located in the European Union, or the GDPR otherwise regulates the processing of your personal information, then you have certain rights under the GDPR. This section tells you about those rights and how to exercise them. If the GDPR does not apply to the processing of your personal information, this Section does not apply to you; however, you can still contact us at the address listed in Section 2 to discuss any questions or concerns you may have about this Policy.

The GDPR provides certain rights to persons located in the European Union or the European Economic Area. Subject to applicable law, you have the right to request access to your collected personal data, to rectify your personal data, to erase your personal data, to restrict how your personal data is processed, to object to the processing of your personal data, to receive and transfer your personal data, and to object to automated individual decision-making. For more information regarding your specific rights, you can review Articles 13-22 of the GDPR, available in full at https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1490122059134&uri=CELEX:32016R0679

To opt-out of marketing communications, you can opt-out or unsubscribe at any time by following the instructions located in our marketing emails.

You can manage, change, or delete some of your information through the My Account portion of the Services.

You can update your payment information through the link provided in the My Account portion of the Services.

To exercise any other GDPR rights, please send us an email at help@burn360.com, or a written letter at the address listed in Section II, that contains the following information:

  • Your full name;

  • Your email address, username, and/or account number associated with your use of the Services (if any); and

  • The rights you wish to exercise and any information necessary to understand and implement your request.

Burn360 reserves the right to contact you and/or otherwise request additional information from you in order to confirm your identity and your right to access your personal data or otherwise exercise your GDPR rights. If you have an email address linked to your account related to your use of the Services, please use that email address to submit your request for verification purposes.

If you submit a valid request to exercise your GDPR rights, we will respond in accordance with applicable law. Please note that there may be restrictions on your ability to exercise your GDPR rights. For example, we may need to retain some of your personal information to comply with our legal or contractual obligations or for other legitimate interests.

If any of your personal information is processed based on your consent as set forth in Section III, you have the right to withdraw your consent at any time. Removing your consent may affect your ability to receive some or all of the Services, depending on the particular processing at issue. The withdrawal of your consent will not affect the lawfulness of any processing carried about before you withdrew your consent. Additionally, to the extent the processing is based on a contractual requirement or another lawful basis, Burn360 may continue to process the personal information in accordance with that lawful basis. To remove your consent, please contact us in accordance with Section V(A), above.

If you believe your data privacy rights have been violated, you have the right to lodge a complaint with an appropriate supervisory authority. However, before lodging any complaint, we would appreciate the opportunity to discuss any concerns you may have.

VI. ADDITIONAL RECIPIENTS OF INFORMATION

In addition to the specific disclosures of information discussed above, Burn360 or Burn360's service providers, may, to the extent permitted or required under applicable law, disclose your personal information (i) pursuant to judicial or other law enforcement or government subpoenas, warrants, requests, or orders or otherwise to comply with any applicable law; (ii) where we believe an individual's rights, property, or safety or security is at risk; (iii) if we reasonably believe disclosure is necessary to establish or exercise our legal rights; (iv) if Burn360 is acquired by or merged with a third-party and Burn360 transfers collected information as part of that transaction and such third-party assumes the rights and obligations with respect to that information as described in this Policy; or (v) where otherwise required or permitted by applicable law.

VII. AUTOMATIC USE OF INFORMATION

Burn360 may use your collected information to tailor its marketing efforts or product offerings to you. You may be automatically placed in certain marketing groups based on your collected information, including your location, age or gender, the specific products you purchased, or how frequently you have interacted with the Services or read marketing communications. Burn360 reserves the right to make any automated decisions based on your collected information permitted by applicable law, including decisions which do not produce legal effects or do not significantly affect you. If you have questions or concerns about this use of your information, please contact us at the addresses set forth in Section II, above.

VIII. UPDATES

Burn360 reserves the right to make changes to this Policy at any time in accordance with applicable law and will post any revised Policy on this page. You will know we have changed the Policy when you see a new updated date at the top of this Policy. Unless required by applicable law, Burn360 will not notify the Services' users of any such changes by email or other personal contact, but we reserve the right to do so. We encourage you to check the date of this Policy whenever you visit the Services so that you will know when you need to review the Policy for modifications.

IX. AGE RESTRICTION

Burn360 does not intend to use the Services to collect any information from children under age 18. By submitting any information through the Services, you represent and warrant that you are older than age 18.

X. THIRD-PARTY LINKS

The Services may contain links to websites not owned or controlled by Burn360. Burn360 does not necessarily review or endorse the content of these linked websites. You should review the terms of service and privacy policies of all websites you visit.

XI. SECURITY

We use commercially reasonable efforts to protect the information we collect on the Services. Unfortunately, however, no security system can be guaranteed to be 100% effective and there is an inherent risk associated with storing and transmitting personal information electronically. Accordingly, we cannot and do not guarantee the security of your personal information and cannot assume liability for improper access to it.

You are responsible for restricting access to your computer or mobile device through which you access the Services. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to our Services. By using the Services, or providing personal information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of these Services.

XII. DATA RETENTION

Unless otherwise stated in this Policy or otherwise required by applicable law, Burn360 may retain the personal and non-personal information or other collected data, individually or in the aggregate, as described above, after you delete your account or have ceased using the Services. However, Burn360 does not guarantee that any information will continue to be available after such deletion or cessation.

1962448.01