Hierarchy of Movement

Privacy Policy

Including Children’s Online Privacy Protection Policy and “Your Privacy Rights” for California Residents

Effective and last revised on October 29, 2022.

The following Privacy Policy ("Privacy Policy") governs your use of the Websites and the Services (as defined in the Terms of Use), which are owned by Allard Kinetics LLC dba Hierarchy of Movement ("HōM").

We have created this Privacy Policy to ensure that you understand our policies and procedures relating to privacy, what personal information you must provide if you wish to use certain portions of the Websites and the Services, and, ultimately, how we use such personal information.

This Privacy Policy is a part of and is incorporated into the Terms of Use of HōM. Unless otherwise indicated, all defined terms in this Privacy Policy shall have the meaning assigned to them in the Terms of Use. By accessing or using any of the Websites and the Services, you acknowledge and agree that you have read and agree to be bound by this Privacy Policy.

1. Sites and Site Operator The sites to which the following Privacy Policy applies are: www.hierarchyofmovement.com, hierarchyofmovement.com, debra-s-school-f371.thinkific.com, https://debrawhitehead1.activehosted.com/ (collectively, the “Websites”). The operator of the Websites is Allard Kinetics LLC dba Hierarchy of Movement. The agent for HōM is Debra E Whitehead, and the email address for HōM’s agent is [email protected].

 

2. Effective Date. This Privacy Policy is effective as of and was last revised on October 29, 2022. HōM reserves the right to add to, delete from and/or otherwise change this Privacy Policy at any time in its sole and absolute discretion. To the maximum extent permitted by law, you are responsible for monitoring the Websites to determine if any changes have been made to the Privacy Policy in the future. Access to and/or use of the Websites and/or the Services by you after the date of any such change shall be deemed to confirm your agreement to be bound by the Privacy Policy then in effect. By agreeing to the Terms of Use applicable to the Websites at which this Privacy Policy is posted, you are also agreeing to be bound by this Privacy Policy. 

3. Information Collected By the Websites. We collect two types of information from users of the Websites: personal information described below; and non-personal information such as information about traffic patterns on the Websites.

4. Personal Information. To access certain portions of the Websites, including the portions where the Services are offered, we require you to register and select a user name and password. Some personal data is collected during the registration process. We may then ask for additional information, including personally identifiable and non-personally identifiable information.

When you make a purchase on one of the Websites, when you subscribe to the Services, and/or when you enter a contest or other promotion, we may ask you for certain personal information such as your name, address, e-mail address, phone number, personal image, or credit card number, in order to process your order, manage your account, administer the contest, or send you promotional e-mails. Providing personal information in these instances is solely your choice; you do not need to provide such information, make purchases, or enter such contests to browse our Websites as a visitor.

5. How We Use Your Personal Information. We use the information collected on the Websites for a variety of purposes, including, but not limited to, running the Websites and the Services and contacting users. The Websites and the Services may also make available to other Registered Users information provided by you during registration, such as your user name. We may use your information to communicate back to you, to update you on products, services, and benefits, to personalize the Websites for you, to assess and address technological issues related to your use of the Websites or the Services, to contact you for market research or to provide you with marketing information, newsletters, or other information we think would be of particular interest. In addition, if you make a purchase on any of the Websites, we may send you order and shipping confirmation emails. To the extent practicable, and as required by applicable laws, we will always give you the opportunity to opt out of receiving such materials.

You can remove your e-mail address from our e-mail list at any time by following the procedures set forth in Section 10 below (“Opt Out Procedures”) or by clicking on the link that is located in every e-mail from HōM. In addition, you can modify your information or change your preferences, as set forth in Section 11 below (“Reviewing or Changing Your Information”). Information obtained through the Websites and/or the Services may be intermingled with and used in conjunction with information obtained through sources other than our Websites, including both offline and online sources.

6. Discussions and Community Tools. The Websites and the Services may make chat rooms, forums, bulletin boards, news groups and other community tools available to Registered Users and/or visitors. Please remember that any information that is disclosed in these areas becomes public information for other users to view and for HōM to use. Please do not disclose any personally identifiable information, including without limitation your full name or e-mail address, in these publicly accessible areas of the Websites or the Services. Please be considerate and respectful of others while using any chat rooms, forums, or message boards to share your opinion.

7. Non-Personal Data. In some cases, we may collect non-personal information. Examples of this type of information include the type of internet browser you are using, the type of computer operating system, application software, and peripherals you are using and the domain name of the web site from which you linked to our Websites. We use your information on an aggregated basis to do such things as operate our Websites, enhance our Websites, and sell and deliver advertising.

8. Cookies. Certain features on the Websites and/or the Services utilize cookie technology. A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain various types of information, including a user ID that the site uses to track the pages you’ve visited. We may use cookies to enhance your experience on our Websites, to determine user traffic patterns and for other purposes.

Most browsers are initially set up to accept cookies; however, you may be able to reset your browser to refuse all cookies or indicate when a cookie is being sent or you may be able to flush your browser of cookies from time to time. (Note: you may need to consult the help area of your browser application for instructions.) However, if you choose to disable your cookies setting or refuse to accept a cookie, you may not be able to access all areas of the Websites and/or the Services.

We also use cookies to improve the performance of our advertising on other websites. Although you may not opt out of receiving online advertisements generally, you may control the collection of data on our Websites used for targeted advertising during your visits to other websites.

HōM utilizes Google Analytics for aggregated, anonymized website traffic analysis. In order to track your HōM session usage, HōM places a Google Analytics cookie with a randomly-generated ClientID in your browser. This ID is anonymized and contains no identifiable information such as email, phone number, name, etc. HōM uses Google Analytics to track aggregated website behavior, such as what pages you looked at, for how long, etc. This information is important for improving the HōM user experience and determining HōM’s site effectiveness. If you wish to remove Google Analytics from your site experience, you may be able to install the Google Analytics Opt-Out Browser Add-On.

9. Storage and Processing. Your information collected through the Websites or through the Services may be stored and processed in the United States, Canada, or any other country in which HōM, its affiliates, or its service providers maintain facilities. HōM, its affiliates, or its service providers may transfer information that we collect about you, including personal information, across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

By registering for and using the Websites and/or the Services you consent to the transfer of information to the United States or to any other country in which HōM, its affiliates, or its service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

Length of Storage. Following termination or deactivation of your account, HōM, its affiliates, or its service providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup-archival, audit purposes, or to allow you to reinstate your account. After two (2) years all content will be deleted. If it is necessary to store any information for a longer period of time, all identifying information shall be removed so that it cannot reasonably be used to identify any particular individual or user (i.e., is non-identifying).

10. Opt Out Procedures. You have the option to opt out of receiving information from HōM, the Websites and the Services. Opt out messaging will appear at the bottom of every promotional email that is sent out and you can opt out of some notifications through your account on the HōM Websites. If you no longer wish to take advantage of the Websites or the Services or receive any form of direct contact from HōM, whether it is email, discounts, newsletters, or other promotional offers or materials, contact us at: [email protected].

11. Reviewing or Changing Your Information. In order to ensure that the information we maintain is accurate, we give users the option to change or modify their information previously provided during registration. If you would like to change your information currently in our database please log in and click the “My Account” link on the various Websites or email us at [email protected].

12. Sharing of Your Information. HōM may share your personal information: (i) with HōM’s parent, affiliates, subsidiaries, or successors (collectively the “HōM Parties”), or with third parties who are under obligations of confidentiality with any of the HōM Parties, (ii) if a HōM Party is required by law to do so, (iii) in the event of a transfer of ownership of a HōM Party, merger or other similar transaction, or (iv) as otherwise set forth in this Privacy Policy. The following describes some of the ways that your personal information may be disclosed to third parties:

We may employ third parties to perform services or functions on our behalf in order to improve our Websites, merchandising, marketing and promotional efforts, communications or other services. Those third parties may include authorized contractors, consultants and other companies working with us. They only have access to personal information needed to perform their functions, and they may not share any personal information with others or use it for any other purpose than providing or improving HōM's services and offerings.

We may share your information with third parties whom we believe have information of interest to you. In addition, we may share certain non-personal information with third parties for advertising, promotional and other purposes. For example, we may work with third party advertising companies to serve and track our ads. These third parties may install other cookies. Our advertising partners may use the non-personal information they collect from our Websites, in the aggregate, to help us better market and serve our customers.

This Privacy Policy applies only to the Websites and the Services and does not address the practices of third parties who may collect your personal information. You may visit other websites through links on the Websites, which may collect, use, and share your personal information in accordance with their own privacy policies. The information practices of those linked websites are not covered by this Privacy Policy, and we encourage you to be very cautious before you disclose your personal information to others. In order to provide you with the information, products or services which you have requested, we may share or transfer your personal information with our parent, affiliates or subsidiaries, or third party agents acting on their behalf.

The HōM Parties may be obligated to cooperate with various law enforcement inquiries. Each HōM Party reserves the right to disclose or transfer personal information and non-personal information about you and your activities on our Websites in order to comply with a legal requirement or request from law enforcement or other government officials, administrative agencies or third parties as we, in our sole discretion, determine necessary or appropriate for the administration of justice, or in connection with an investigation of fraud, intellectual property infringement, or in connection with violations of any other law, rule or regulation, our Terms of Use or other rules or policies of our Websites, the rights of third parties, or an investigation of any other activity that may expose us or you to legal liability, or to investigate any suspected conduct which HōM in its sole discretion deems improper.

13. Security. Providing a secure site is essential for your peace of mind and trust in HōM. Accordingly, we have paired with third party service providers to implement and utilize encryption software conforming to the Secure Socket Layers (SSL) protocol to safeguard all of the commerce related (i.e., credit card and billing address) information you send to us. All such information is stored on servers in a secure location. It is important for you to protect against unauthorized access to your password and to your computer. If your password is compromised, notify Customer Service at once at [email protected].

14. Children’s Online Privacy Protection Policy. The Websites and the Services are only intended for and directed to users who are either: (a) at least 18 years old and are legally competent to form a biding contract; or (b) are at least 13 years old and have a parent or legal guardian’s permission to use the Websites and the Services, and who agree to and be bound by this Privacy Policy and to perform all obligations hereunder. We do not knowingly or intentionally collect personally identifiable information from children under the age of 13 or other minors. Where appropriate, we take reasonable measures to determine that our users are adults of legal age and to inform minors not to submit such information to the Websites or the Services or in response to advertisements. If you are concerned that personal information may have been inadvertently provided to or collected by HōM, please contact us immediately at [email protected] so that we may take appropriate steps to remove such information from our database.

15. Privacy Precaution Warning. Please note that no data transmission over the internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online Websites or Services.

16. Your Consent. By using the Websites and/or the Services, and by providing your personal information to us, you also authorize the storage, use and export of your personal information as specified herein.

17. User-Generated Content. Users may in some instances submit their own content for potential use on the Websites and in connection with the Services. Publication of such User Content on the Websites and in connection with the Services is subject to our discretion and compliance with our Terms of Use; provided, however, that we are not obligated to review any such User Content. Please remember that any information you disclose becomes public information and exercise caution when deciding whether to disclose your contact, financial, or other personal information in a submission. We cannot prevent such information from being used by others in a manner that may violate this Privacy Policy, the law, or your personal privacy and safety.

18. Applicable Law. The headquarters of HōM is located in the State of Colorado, U.S.A. This Privacy Policy and our legal obligations are subject to the laws of Colorado and of the U.S.A., regardless of the location of any user. Any claims or complaints must be filed in a court of competent jurisdiction in the State of Colorado, U.S.A.

Your Privacy Rights (California Residents)

19. Online Privacy Protection Policy for California Residents (“Shine the Light” Law)

Effective as of January 1, 2005, California’s “Shine the Light” law (Cal. Civ. Code Sections 1798.80, et seq.) provides California residents with the right to receive certain disclosures when personal information that has been collected online is shared with third parties for direct-marketing purposes.

If you are a California resident and you provided personal information to HōM through a website in the past, and/or if you do so in the future, you are entitled to submit a request in writing to HōM for a description of the information we may have provided to third parties. To submit your written request, please send it to [email protected] and put the following words in the subject line of the email: “California Privacy Request.”

Within 30 days after receipt of your request, we will send you a list of the categories of personal information disclosed to third parties during the immediately preceding calendar year, along with the names and addresses of the third parties who actually received such information, if any.

We reserve our right not to respond to requests sent more than once in a calendar year.

Please note that the California “Shine the Light” law does not cover all aspects of online information sharing, and our policy relates only to information covered by the law.

20. California Consumer Privacy Act (CCPA) Privacy Notice. This Privacy Notice applies to California consumers and is a supplement of the HōM Privacy Statement.

Personal Information Collected. We collect information that identifies, relates to, describes, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“CCPA personal information”). We have collected the following categories of CCPA personal information from consumers within the last twelve (12) months:

Uses of CCPA personal information. We use categories of CCPA personal information listed above for the purposes of improving your experience when interacting with the online service. This use is noted below:

We use personal information to provide, analyze, administer, enhance, and personalize our services and marketing efforts, to process your registration, your recurring payments, and to communicate with you on these and other topics. For example, we use such information to:

To make requests, or if you have a question regarding our privacy practices, please contact our Privacy Office at [email protected].