Thank you for visiting the www.niallthorntoncoaching.com website located at www.niallthorntoncoaching.com (the “Site”). This notice outlines the privacy policies associated with the Site. By visiting this Site, you are accepting the practices described in this privacy policy (“Privacy Policy”). This Privacy Policy covers our treatment of Personal Information (as defined herein below) that we collect when you purchase products or services offered on the Site (collectively, “www.niallthorntoncoaching.com Products”). It is important that visitors are fully informed about the use of their Personal Information. We believe in 100% permission-based marketing.

www.niallthorntoncoaching.com IS NOT A COVERED ENTITY FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), NOR IS THE INFORMATION PROVIDED BY YOU TO www.niallthorntoncoaching.com IN CONNECTION WITH REQUESTING THE www.niallthorntoncoaching.com PRODUCTS OR OTHER PRODUCTS AND/OR SERVICES CONSIDERED PROTECTED HEALTH INFORMATION UNDER HIPAA. AS SUCH, THE ADDITIONAL PRIVACY AND SECURITY PROTECTIONS AFFORDED TO CONSUMERS/PATIENTS UNDER HIPAA ARE NOT CONTEMPLATED BY, NOR CONTAINED WITHIN, THIS PRIVACY POLICY.

When you register on our Site, you hereby agree and acknowledge that your Personal Information will be placed into the www.niallthorntoncoaching.com database and that such Personal Information shall be shared with third parties for marketing purposes.

YOUR IP ADDRESS

Each time that you visit the Site, our web server automatically recognizes your IP address and the web page from which you came. Your IP address is used to help identify you and to gather broad demographic information about you. We also use your IP address to help diagnose problems with our servers, to administer the Site and to better serve you in using the products, services and other features associated with the Site.

COOKIES AND ACTION TAGS

Cookies: The first time that a user provides an e-mail address in connection with his/her activities at the Site, we assign an identification number to that e-mail address and deploy a cookie to the applicable user’s PC. Whenever that user comes back to the Site using the same PC, the cookie allows the Site to identify the user and to recall the user’s e-mail address. If, at any time, a user provides other information in connection with his/her activities on the Site (such as name, address, birth date, gender, etc.), we may store that information, along with the user’s e-mail address, in our user database. We may use the information stored in our database: (a) to effectuate the purpose or transaction for which the information was originally provided by a user; (b) to pre-populate information fields in the event that user wishes to purchase products and/or services or sign up for and/or subscribe to services, promotions or other offers in the future; (c) to ensure that a user will not be repeatedly exposed to the same advertisements, offers and/or promotions while visiting the Site; and/or (d) to, in connection with regular communication with a user, include offers, promotions or advertisements that were historically, or are likely to be, of interest to that user. We also use cookies to anonymously track and target the interests of our users to further enhance the experience on the Site. To find out more about cookies, please visit www.cookiecentral.com.Action Tags, Web Beacons and other Data Collection Methods: An action tag or a web-beacon (also known as a clear gif or a pixel tag) is a method used to track responses or actions by visitors who view certain advertisements or other information on the Site. Action tags are 1x1 pixel images embedded in a website page that are used to transparently collect information. We may use action tags to count the number of times that visitors click on a particular banner ad or visit the pages of the Site and to provide information about what products/services are viewed or purchased. We reserve the right to retain this cookie and action tag data indefinitely. At no time will we share cookie-related, action-tag-related and/or generated information and/or data with third parties.

PERSONAL INFORMATION THAT WE COLLECT FROM YOU

By registering with, or providing personal information to, the Site, as well as providing permission to receive marketing offers, users allow us and our affiliates to make their personally identifiable information available to third parties in accordance with the terms of this Privacy Policy. While on the Site, we may collect “Personal Information” from you. For the purposes of this Privacy Policy, Personal Information shall mean individually identifiable information from or about an individual including, but not limited to: (a) your full name; (b) mailing address; (c) e-mail address; (d) phone number; (e) credit card information; (f) gender; (g) year of birth; (h) date of birth; and/or (i) any other information requested by us on the applicable registration form.

HOW WE USE PERSONAL INFORMATION

The Personal Information that you submit to us remains your property, but by submitting such information to us you grant us the right, subject to applicable state and federal law, to use the Personal Information (other than credit card information) for marketing purposes. Without limiting the generality of the foregoing, we reserve the right to share, sell, rent, lease and/or otherwise distribute any and all Personal Information with/to any third-party for any and all uses permitted by this Privacy Policy and applicable law. These third parties may include, but shall not be limited to: (a) providers of direct marketing services and applications, including lookup and reference, data enhancement, suppression and validation; (b) e-mail marketers; (c) telemarketers (where permitted by applicable law); (d) SMS text-based marketers (where permitted by applicable law); and (e) direct marketers. In addition, where you have requested bonus offers and/or products offered by certain third party service providers featured on the Site (“Third Party Service Providers”), www.niallthorntoncoaching.com will transfer your Personal Information (including your credit card information) to such Third Party Service Providers in order to complete the transaction requested on the Site.

We may also use your Personal Information for any promotion-related purpose, and/or marketing and survey purpose, on our own behalf and on behalf of our affiliates and subsidiaries. We may disclose Personal Information to third-party agents and independent contractors that help us create and/or operate any promotions or surveys. You agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Site.

We are able to offer our www.niallthorntoncoaching.com Products to you, in part, based on your willingness to be reached by our third-party advertisers. Your Personal Information (other than credit card information) will be shared with advertisers on an aggregate and non-aggregate basis. We also use contact information from your Personal Information to send you information about us, our www.niallthorntoncoaching.com Products, the Member program and to keep you informed of our other products and services that may be of interest to you and to contact you about your billing account status. Please keep in mind, though, that we do not control, and are not responsible for, the practices of our third-party advertisers. If you wish to stop receiving future communications from us and/or third party advertisers, or if you wish to prevent the transfer and/or sale of your Personal Information to third parties (subject to restrictions contained in applicable state and federal law), please see the Removal of Your Information/Opting Out section below.

By submitting your Personal Information at the Site, you agree to receive e-mail marketing from www.niallthorntoncoaching.com and our third-party advertisers. In addition, you agree that such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. (the “ATSR”). With respect to the ATSR, and notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the terms of the ATSR.

In addition, by submitting your Personal Information at the Site, you agree to receive mobile marketing including, but not limited to, text-message based marketing, from us and our third party advertisers and marketers (where, and to the extent that, such marketing is permitted by applicable law). As such, notwithstanding that your mobile telephone number may be listed on state and/or federal Do-Not-Call registries, we retain the right to contact you via text-message based marketing in accordance with applicable state and federal law. Further, you agree that we reserve the right to share, sell, rent, lease, and/or otherwise distribute your mobile telephone and other mobile data with/to any third-party for any and all non-marketing uses permitted by this Privacy Policy and applicable law.

We reserve the right to release current or past Personal Information: (a) in the event that we believe that the Site, the www.niallthorntoncoaching.com Products and/or the Member program is/are being or has/have been used in violation of this Privacy Policy, the Terms and Conditions or to commit unlawful acts; (b) if the information is subpoenaed or otherwise requested pursuant to a valid legal proceeding; or (c) if www.niallthorntoncoaching.com is sold or acquired.

Moreover, you hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit Personal Information to be shared or transferred to third parties without permission.

If you subscribe to or purchase one of our www.niallthorntoncoaching.com Products or enroll in a Member program, we may use your Personal Information to send you a welcoming email that may confirm your user name and password. If you “opt-in,” we may send you electronic newsletters, contact you about our www.niallthorntoncoaching.com Products and other products, services, information and news that may be of interest to you, and provide you with targeted feedback. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use such information (including Personal Information) to respond to your questions or comments, and we may file your questions or comments for future reference.

We may also supplement the information we collect with information from other sources to assist us in evaluating and improving the Site and www.niallthorntoncoaching.com Products, to determine your preferences so that we can tailor the Site and www.niallthorntoncoaching.com Products to your needs, and/or to study nutritional, weight-loss, behavioral and fitness questions in general.

HOW WE USE DEMOGRAPHIC INFORMATION AND AGGREGATE DATA

We use demographic information to tailor the Site to the interests of our users. Demographic information is shared with third party advertisers so that they can tailor their advertisements to the appropriate audience. Demographic information may also be shared with other third parties.We reserve the right to provide aggregate or group data about our users for lawful purposes. Aggregate or group data is data that describes the demographics, usage or characteristics of our participants as a group, without disclosing personally identifiable information. By opening an account with us, you agree to allow us to provide such aggregate data to third parties. By agreeing to the terms of this Privacy Policy, you hereby consent to the disclosure of any record or communication to any third party when we, in our sole discretion, determine the disclosure to be appropriate.We may also use the non-personally identifiable information gathered on the Site to perform statistical analysis of user behavior, to analyze and evaluate issues relating to our www.niallthorntoncoaching.com Products and/or the Member program. We may link some of this non-personally identifiable information to Personal Information for purposes such as understanding the characteristics of people who use the Site, to improve and market the Site in general and our www.niallthorntoncoaching.com Products in particular or to assist you in your personal improvement efforts.

OTHER WEBSITES

This Site may contain links to other third-party owned and/or operated websites including, without limitation, the websites of www.niallthorntoncoaching.com Third Party Service Providers. www.niallthorntoncoaching.com is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and www.niallthorntoncoaching.com has no responsibility or liability relating to them.

OUR SECURITY PRECAUTIONS

We endeavor to safeguard and protect our users’ information. The privacy of your Personal Information is very important to us. The servers that we store personally identifiable information in are kept in a secure physical environment. We have security measures in place to protect the loss, misuse and alteration of Personal Information under our control. When our registration/application process asks users to enter sensitive information (such as credit card information), and when we store and transmit such sensitive information, that information is encrypted and is protected with SSL encryption software. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user all information off-line and online. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information that you transmit to us, and you do so at your own risk.

However, access to your information is strictly limited, and not accessible to the public. All of our users’ information is restricted in our offices. Only employees who need the information to perform a specific job are granted access to Personal Information. Our employees are dedicated to ensuring the security and privacy of all user information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

DISCLAIMER –

THIS SITE IS PROVIDED BY www.niallthorntoncoaching.com ON AN “AS IS” BASIS. www.niallthorntoncoaching.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, www.niallthorntoncoaching.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. www.niallthorntoncoaching.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, www.niallthorntoncoaching.com DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE.

MINORS

No information should be submitted to, or posted at, the Site by visitors under eighteen (18) years of age. Persons eighteen (18) years of age and younger are not permitted to access the Site and we do not knowingly collect Personal Information from such individuals. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

REMOVAL OF YOUR INFORMATION/OPTING OUT

At your request, we will remove Personal Information that you have provided to us. You may do so by e-mailing us at [email protected]. However, deleting your Personal Information, or otherwise opting-out of receipt of communications from us or third parties, will only change or delete the data in our database for purposes of transacting future business on the Site and for managing future communications from us and third parties. These deletions will not change or delete Personal Information already collected as part of a particular transaction in our database, which may have already been shared with third parties, all as provided above in this Privacy Policy. You will need to contact third parties who may contact you directly to change your preferences or your Personal Information that they may be using to contact you.

We provide users with the option to opt-out from receiving information sent via electronic mailings on behalf of third party advertisers. Users may unsubscribe from receiving e-mail at any time by following the instructions contained at the end of every e-mailing. Unsubscribe requests can only be processed if you have registered with us in the first instance. If you have not registered with us and wish to opt out of receiving e-mail from a particular sender, please consult that sender’s opt out policies or contact that sender. Information sent on behalf of third party advertisers is prepared several days in advance, so users may continue to receive e-mail from us for up to ten (10) days following the unsubscribe procedures detailed above. If, after that point, a user is still receiving e-mail from us, the user should contact us at [email protected]

NO LIABILITY FOR UNAUTHORIZED CHANGES

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE OR FOR THE UNAUTHORIZED MODIFICATION OF TEXT OR ADVERTISEMENTS PROVIDED BY US, OUR MARKETING PARTNERS OR ANY OTHER THIRD PARTIES.

YOUR ACCEPTANCE OF THESE TERMS

By using this Site and/or the www.niallthorntoncoaching.com Products, you agree to the terms of our Privacy Policy. We reserve the right, at our discretion, to change, modify, add and/or remove portions of this Privacy Policy at any time. All Privacy Policy changes will take effect immediately upon their posting on the Site. Please check this page periodically for changes. Your continued use of the Site, www.niallthorntoncoaching.com Products and/or acceptance of our e-mail following the posting of changes to these terms will mean that you accept these changes and agree to continue receiving e-mail from us. If you do not agree to the terms of this Privacy Policy, please unsubscribe by emailing [email protected].

CONTACTING US ABOUT PRIVACY QUESTIONS OR CONCERNS

If you have any questions about this Privacy Policy, the practices of the Site or your dealings with the Site, please e-mail us at [email protected].