Privacy Policy

Updated: November 2024

The following terms (“Terms of Use”) constitute an agreement between Emily Kyle Enterprises, INC (“EKN”), and you that governs your use of these websites and all of its associated services, content, and functionality. This policy applies to the websites administered by EKN (“Websites”), located at:

  • emilykylenutrition.com
  • shop.emilykylenutrition.com
  • community.emilykylenutrition.com

Your use of the Websites constitutes your acceptance of, and agreement to, the following Terms of Use. EKN reserves the right to modify, alter, amend, or update its Websites, policies, and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Websites.

PRIVACY POLICY

WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?

  • Information You Voluntarily Submit to the Websites: The Websites may collect personal information from you, such as your name or email address. For example, you may voluntarily submit information to the Websites by leaving a comment, subscribing to a newsletter, or submitting a contact form.
  • Information We Collect from Others: The Websites may receive information about you from other sources. For example, if you use third-party software through the site, they may transfer information to us for fulfillment.
  • Automatically-Collected Information: The Websites automatically collect certain information about you and the device with which you access the Websites. For example, when you use the Websites, The Websites will log your IP address, operating system type, browser type, referring websites, pages you viewed, and the dates/times when you accessed the Websites. The Websites may also collect information about actions you take when using the Websites, such as links clicked.
  • Cookies: The Websites may log information using cookies, which are small data files stored on your browser by the Websites. The Websites may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Websites.

HOW YOUR INFORMATION MAY BE USED

The Websites may use the information collected in the following ways:

  • To operate and maintain the Websites;
  • To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt out of future mailings;
  • To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
  • To respond to your comments or inquiries,
  • To provide you with user support;
  • To track and measure advertising on the Websites; or,
  • To protect, investigate, and deter against unauthorized or illegal activity.

THIRD-PARTY USE OF PERSONAL INFORMATION

The Websites may share your information with third parties when you explicitly authorize us to share your information. Additionally, the Websites may use third-party service providers to service various aspects of the Websites. Their respective privacy policies dictate each third-party service provider’s use of your personal information. The Websites currently use the following third-party service providers:

  • Google Analytics – this service tracks Website usage and provides information such as referring websites and user actions on the Websites. Google Analytics may capture your IP address, but Google Analytics captures no other personal information.
  • Mailerlite delivers email updates to those who purchase an item through the shop or opt-in through a form on the website. Mailerlite stores your name and email address for purposes of delivering such communications.
  • The Websites may use other software to aid in the processing and creating contact forms. These service providers pass information directly to the Websites, and nothing is stored on a third-party server as a result.

This list may be amended from time to time at the Website’s sole discretion. Except when required by law, Emily Kyle will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, Emily Kyle may disclose or transfer personal information collected through the Websites to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

ANONYMOUS DATA

From time to time, Emily Kyle may use anonymous data, which does not identify you alone or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.

Cookies

The Websites use cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, and customize content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described herein. Users may, at any time, prevent the setting of cookies by the Websites by using a corresponding setting of their internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in their Internet browser, not all functions of our Websites may be entirely usable.

ADVERTISING

Retargeting Ads
From time to time, the Websites may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Websites. These companies use cookies to serve ads based on someone’s past visits to the Websites.

Sponsored Content Tracking Pixels
These Websites may engage in sponsored campaigns with various influencer networks, brands, and agencies. All sponsored content is duly disclosed in accordance with the FTC’s requirements. From time to time, these sponsored campaigns utilize tracking pixels (aka web beacons), which may contain cookies to collect data regarding usage and audience. The sponsoring company collects this information to track the campaign results. As stated above, these pixels may capture your IP address on behalf of the content sponsor. No personally identifiable information collected by the Websites is used in conjunction with these tracking pixels.

Affiliate Program Participation
The Websites may engage in affiliate marketing, which is done by embedding tracking links into the Websites. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions. Emily Kyle is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and links to Amazon.com.  As part of this Amazon Associates program, the Websites will post customized links provided by Amazon to track the referrals to their websites. This program utilizes cookies to track visits for the purposes of assigning commissions on these sales.

Newsletters
On the Websites, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, Emily Kyle may see if and when you open an email and which links within the email you click. Also, this allows Emily Kyle to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.

Opt-out – You may opt out of future email communications by following the unsubscribe links in our emails. You may also notify us at support@emilykylenutrition.com to be removed from our mailing list.

Access – You may access the personal information we have about you by submitting a request to support@emilykylenutrition.com.

Amend – You may contact us at support@emilykylenutrition.com to amend or update your personal information.

Forget – In certain situations, you may request that we erase or forget your personal data. To do so, please submit a request to support@emilykylenutrition.com.

Please note that we may need to retain certain information for record-keeping purposes, to complete transactions, or when required by law.

SENSITIVE PERSONAL INFORMATION

At no time should you submit sensitive personal information to the Websites. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.

CHILDREN’S INFORMATION

The Websites do not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information about a child under the age of 16 in its database, please contact us immediately at support@emilykylenutrition.com, and we will use our best efforts to remove such information from our records promptly.

AFFILIATE MARKETING

From time to time, the Websites may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Websites will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC. Emily Kyle participates in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.

FTC DISCLOSURE

From time to time, the Websites may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with EKN. to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Websites are clearly and conspicuously disclosed. Even though compensation (e.g., cash, free product, or services) is received in exchange for this sponsored content placement, EKN gives honest opinions, findings, beliefs, or experiences in such content. All views expressed on the Websites are those of the content creator. Any product claim, statistic, quote, or other representation of a product or service should be verified with the manufacturer, provider, or party. Additional information is available in the Disclosure Statement.

GENERAL DISCLAIMER

EKN has made every effort to ensure that all information on the Websites has been tested for accuracy. EKN makes no guarantees regarding the results you will see from the information provided on the Websites.

Any statements made on the Websites related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. EKN makes no guarantees regarding results, present or future. EKN is not responsible for your earnings, income, sales, or any other business performance as a result of your use of the information provided on the Websites.

The information provided on the Websites is provided “as is” without any representations or warranties, express or implied. The Websites make no representations or warranties in relation to the health and fitness topics discussed.

The Websites disclaim liability for incidental or consequential damages and assume no responsibility or liability for any loss or damage suffered by any person as a result of the use of the information provided on the Websites. The Websites assume or undertake no liability for any loss or damage suffered as a result of the use of any information found on the Websites.

CERTIFICATIONS

Emily Kyle is a Registered Dietitian Nutritionist. The Commission awards Registered Dietitian Nutritionist (RDN) credentials on Dietetic Registration (CDR) to individuals who meet specific academic and supervised practice requirements and who successfully pass a registration examination. These credentials provide individuals with the advantage of a legally protected designation. These designations are the exclusive property of the Academy of Nutrition and Dietetics.

MEDICAL CONTENT DISCLAIMER

The Websites may discuss health, fitness, nutrition, or medicine topics. This information is not advice and should not be treated as medical advice. The medical information provided on the Websites is provided “as is” without any representations or warranties, express or implied. The Websites make no representations or warranties in relation to the medical, fitness, or nutrition information on the Websites. You must not rely on the information on the Websites as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website.

YOUR RESPONSIBILITY

The Websites were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Websites. EKN makes no representations, warranties, or guarantees. You understand that results may vary from person to person. EKN assumes no responsibility for errors or omissions that may appear in the Websites.

USE OF THE WEBSITES

Unless otherwise stated, EKN owns the intellectual property and rights to all content and material on the Websites. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Websites, unless content is specifically and expressly made available for republication;
  • Sale, rental, or sub-license of any content from the Websites;
  • Reproduction or duplication of any content on the Websites for commercial purposes;
  • Modification of any content on the Websites, unless content is specifically and expressly made available for modification;
  • Redistribution of content of the Websites, unless content is specifically and expressly made available for redistribution. Users can share content on social media channels as long as a link to the Websites is included.

From time to time, the Websites will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of EKN’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to EKN

You must not use the Websites in a way that causes or may cause, damage to the Websites or impair the availability of access to the Websites. You must not decompile, reverse engineer, disassemble, or otherwise reduce the Websites, except to the extent that such activity is expressly permitted by applicable law. You must not use the Websites to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to, scraping, data mining, data extraction, or data harvesting on or in relation to the Websites without EKN’s express written permission.

You must not use the Websites to transmit or send any unsolicited commercial communications. You must not use the Websites for any third-party marketing without EKN’s express written permission.

Unless otherwise noted, the website’s design, content, and all components are copyrights owned by EKN or third parties. The United States and international copyright laws protect them and should not be reused or republished without express written permission.

TRADEMARKS

From time to time, the Websites will legally utilize trademarks owned by third parties related to EKN’s services. These trademarks are the respective property of their owners.

GRANT OF RIGHTS

You grant EKN a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute any content you contribute to the Websites. This includes, but is not limited to, text, images, audio material, comments, video material, and audio-visual material. This license extends to all known and future media. You also grant EKN the right to sub-license these rights and the right to bring an action for infringement of these rights.

CONTENT CONTRIBUTED TO THE WEBSITES

Any content you contribute to the Websites, including, but not limited to text, images, audio material, comments, video material, and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or EKN or a third party.

EKN reserves the right to edit or remove (i) any material submitted to the Websites, (ii) stored on EKN’s servers, or, (iii) hosted or published on the Websites. EKN takes no responsibility and assumes no liability for any content you or any third party posted.

Notwithstanding EKN’s rights under the Terms of Use, EKN does not undertake to monitor the submission of all content to, or the publication of such content on, the Websites.

TAKEDOWN REQUESTS

From time to time, the Websites will publish posts with images from other third-party websites. Any such use is intended to be considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Websites in a way that constitutes copyright infringement and falls outside of fair use, please send a request to support@emilykylenutrition.com, and we will remove the image within 24 to 48 hours.

COMMUNICATION

If you send EKN an email, register to use the Websites, or provide your email to EKN in any other way, you consent to receive communications from EKN electronically. You agree that all legal notices provided via electronic means from EKN satisfy any requirement for written notice.

THIRD PARTIES

The Websites contain links to third-party websites that are not governed or controlled by EKN. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Websites. EKN assumes no control or liability over the content of any third-party sites. You expressly hold harmless EKN from any and all liability related to your use of a third-party website.

Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Websites, you must complete any necessary investigation or due diligence. Suppose a dispute for any events or commercial transactions with a third party is discovered through or linked on the Websites. In that case, you hold EKN harmless from any liability in any dispute.

NO WARRANTIES

The Websites are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. EKN makes no representations or warranties in relation to the Websites or the information and materials provided therein.

EKN makes no warranty the Websites will meet your requirements, will be available uninterrupted, timely, and free of viruses or bugs, or represents the full functionality, accuracy, and reliability of the Websites. EKN is not responsible to you for the loss of any content or material uploaded or transmitted through the Websites. The Websites are written in English and make no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY

EKN WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify, and hold EKN, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) which EKN suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Florida. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Palm Coast, Florida.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

You may not assign the Terms of Use without EKN’s prior written consent. However, the Terms of Use may be assigned by EKN in its sole discretion.

The Terms of Use are the final, complete, and exclusive agreement of the parties with respect to the Websites offered by EKN

All notices with respect to the Terms of Use must be in writing and may be via email to support@emilykylenutrition.com for EKN and to your email address.

Mediavine Programmatic Advertising (Ver 1.1)

The Website works with Mediavine to manage third-party interest-based advertising appearing on the Website. Mediavine serves content and advertisements when you visit the Website, which may use first and third-party cookies. A cookie is a small text file which is sent to your computer or mobile device (referred to in this policy as a “device”) by the web server so that a website can remember some information about your browsing activity on the Website.

First party cookies are created by the website that you are visiting. A third-party cookie is frequently used in behavioral advertising and analytics and is created by a domain other than the website you are visiting. Third-party cookies, tags, pixels, beacons and other similar technologies (collectively, “Tags”) may be placed on the Website to monitor interaction with advertising content and to target and optimize advertising. Each internet browser has functionality so that you can block both first and third-party cookies and clear your browser’s cache. The “help” feature of the menu bar on most browsers will tell you how to stop accepting new cookies, how to receive notification of new cookies, how to disable existing cookies and how to clear your browser’s cache. For more information about cookies and how to disable them, you can consult the information at All About Cookies.

Without cookies you may not be able to take full advantage of the Website content and features. Please note that rejecting cookies does not mean that you will no longer see ads when you visit our Site. In the event you opt-out, you will still see non-personalized advertisements on the Website.

The Website collects the following data using a cookie when serving personalized ads:

  • IP Address
  • Operating System type
  • Operating System version
  • Device Type
  • Language of the website
  • Web browser type
  • Email (in hashed form)

Mediavine Partners (companies listed below with whom Mediavine shares data) may also use this data to link to other end user information the partner has independently collected to deliver targeted advertisements. Mediavine Partners may also separately collect data about end users from other sources, such as advertising IDs or pixels, and link that data to data collected from Mediavine publishers in order to provide interest-based advertising across your online experience, including devices, browsers and apps. This data includes usage data, cookie information, device information, information about interactions between users and advertisements and websites, geolocation data, traffic data, and information about a visitor’s referral source to a particular website. Mediavine Partners may also create unique IDs to create audience segments, which are used to provide targeted advertising.

If you would like more information about this practice and to know your choices to opt-in or opt-out of this data collection, please visit National Advertising Initiative opt out page. You may also visit Digital Advertising Alliance website and Network Advertising Initiative website to learn more information about interest-based advertising. You may download the AppChoices app at Digital Advertising Alliance’s AppChoices app to opt out in connection with mobile apps, or use the platform controls on your mobile device to opt out.

For specific information about Mediavine Partners, the data each collects and their data collection and privacy policies, please Mediavine Partners.