Privacy Policy

INTRODUCTION

This Privacy Policy sets out the basis on which we will process any Personal Data that we may collect about you as a visitor to our website at www.macrowise.com or our customers or potential customers, or other business partners or in any other cases where we specifically state that this policy will apply. This policy further sets out how we protect your privacy and your rights in respect of our use of your Personal Data.

***We will never rent or sell your phone number to any third party, nor will we use your phone number to initiate a call or SMS message to you without your express or implied prior consent. Your wireless carrier and other service providers also collect data about your SMS usage, and their practices are governed by their own privacy policies


WHO IS THE DATA CONTROLLER?

A “data controller” is a person or organization who alone or jointly determines the purposes for which, and the manner in which, any personal data is, or is likely to be, processed. In this sense, MacroWise LLC of 3500 Mystic Pointe Dr, Miami, FL 33180, USA (“MacroWise”, “we”, “us”, “our”) is the data controller. If you have any questions about cookies or about data protection at MacroWise in general, you can reach us by email using info@macrowise.com or call us on 786-705-6055.


WHAT IS PERSONAL DATA?

Personal data is any information that relates to an identified or identifiable living individual. Different pieces of information, which collected together can lead to the identification of a particular person, also constitute Personal Data.

WHAT IS SPECIAL CATEGORY DATA?

Special category data is Personal Data that needs more protection because it is sensitive. This includes Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data. As well as, data concerning health, a person’s sex life; and a person’s sexual orientation. In order to lawfully process Special Category Data, it is necessary to consent to the processing


WHY DO WE HAVE A PRIVACY POLICY?

The Florida Digital Bill of Rights (“FDBR”) and the EU’s General Data Protection Regulation (“GDPR”) control how your Personal Data is used by us. We are also required to explain which Personal Data we collect from you via our website, shop and services, what we use it for, when we delete it and how your data is protected.


WHAT ARE THE LEGAL BASES FOR PROCESSING PERSONAL DATA

All Personal Data that we obtain from you via our website will only be processed for the purposes described in more detail below. This is done within the framework of the FDBR and the GDPR and only if at least one of the following applies: a) you have given your consent, b) the data is necessary for the fulfillment of a contract / pre-contractual measures, c) the data is necessary for the fulfillment of a legal obligation, or d) the data is necessary to protect the legitimate interests of our company, provided that your interests are not overridden.


WHAT PERSONAL DATA DO WE COLLECT FROM YOU?

A. Collection of access data and log files
When you visit our website, we collect the Personal Data that your browser automatically transmits to our server. This is technically necessary for us to display our website and to ensure its stability and security. In this sense, we collect the following data: i) IP address of the requesting computer, ii) Date and time of access, iii) name and URL of the file accessed, iv) website from which the access was made (referrer URL), v) browser used and, if applicable, the operating system of your device as well as the name of your access provider. The legal basis is our legitimate interest.

B. Hosting
The hosting service used by us for the purpose of operating our website is GoDaddy.com. In doing so GoDaddy, processes inventory data, contact data, content data, contract data, usage data, meta data and communication data of customers, interested parties and visitors of our website and services, on the basis of our legitimate interests in an efficient and secure provision of the website and services in conjunction with the provision of contractual services.

C. Content Management System
We use the open source Content Management System (CMS) of WordPress.org to publish and maintain the created and edited Content and texts on our website. This means that all content and texts submitted to us by users for publication is transferred to our GoDaddy server. In addition to texts, this also includes, for example your data in our forms. The legal basis for this processing is our legitimate interest.

D. eCommerce system
To provide our eCommerce system, we use the WooCommerce service developed and operated by Automattic Inc. Both your inventory data and your usage data are stored on WooCommerce’s servers. The legal basis for processing is our legitimate interest.

E. Cookies
For the processing of personal data using cookies and similar technologies on our website, please refer to our Cookie Policy. The legal basis for the use of cookies is our legitimate interest or your consent when you agree to the use of technically non-essential cookies as further explained in our cookie policy.

F. Cookie consent
As set out in the FDBR and the EU`s Privacy and Electronic Communications Directive (“PECD”), we need to obtain consent for the use of technically non-essential cookies. For this purpose we use a cookie consent tool, to obtain your consent to the storage of cookies and to document this consent. When you enter our website, the following Personal Data is transferred to us via our cookie consent tool: i) Your consent(s) or revocation of your consent(s); ii) Your IP address; iii) Information about your browser; iv) Information about your device; v) Time of your visit to our website. The basis for processing is our legitimate interest and your consent.

G. Analytics
For business reasons, we analyze the data we have on web and server traffic patterns, website interactions, browsing behavior etc. The analyses serve us alone and are not disclosed externally and processed using anonymous analyses with summarized and or anonymized values. For this purpose we use SourceBuster JS. The legal basis is our legitimate interest and your consent. For further information, please refer to our Cookie Policy.

H. Fonts
We use Google Fonts by Google LLC and Font Awesome of Fonticons Inc on our website to display external fonts. To enable the display of certain fonts on our website, a connection to a Google/Font Awesome server is established when our website is accessed. The connection to Google/Font Awesome established when you call up our website enables Google/Font Awesome to determine which website sent your request and to which IP address the display of the font is to be transmitted. This represents a legitimate interest.

I. Contact options
We process and store the Personal Data provided in the contact enquiry solely for the purpose of processing and responding to your enquiry and contacting you. If you contact us, we will process the data you provide to respond to you and answer your questions and requests. In doing so, the principle of data economy and data avoidance is observed in that you only have to provide the data that we absolutely need from you in order to contact you. These are usually your first and last name, your email address, the topic selection and the message itself. The legal basis for processing is our legitimate interest, the provision or initiation of a contractual service and your consent.

J. Shopping with us
We process your first name, last name, e-mail address, billing and shipping address for the delivery of your order and the data related to your contract with us to handle the contractual relationship. The legal basis for processing is the provision of a contractual service.

When you place an order and you give us Personal Data of a third party, you represent and warrant that the Personal Data is up-to-date, complete, and accurate and that you have obtained the third party’s prior consent for our collection, use and disclosure of their Personal Data for the Purposes.

K. User account
It is also possible for you to register for an account. For this purpose, you can choose a password together with your email address, both of which will enable you to log in more easily without having to enter your data again when you make a future purchase or to access your order history. We will hold your data for further orders as long as you have your account with us.

L. Payment Data
If you make a purchase your payment data will be processed via our payment service provider Stripe. Payment data will solely be processed through Stripe and we have no access to any Payment Data you may submit. The legal basis for the provision of a payment system is the establishment and implementation of the contract.

M. When using our virtual coaching services
We process the Personal Data and Special Category Data involved in your use of our virtual coaching services (“Service Data”) in order to be able to provide our contractual services. This includes in particular our support, correspondence with you, invoicing, fulfillment of our contractual, accounting and tax obligations. Service Data may include your full name, email address, details about your health and goals, your lifestyle. Accordingly, your Service Data is processed on the basis of fulfilling our contractual obligations and your consent.

We ensure that access by our employees to your Service Data is only available on a need-to-know basis, restricted to specific individuals, and is logged and audited. We communicate our privacy and security guidelines to our employees and enforce privacy and protection safeguards strictly.

N. Discovery Call
For booking a meeting in an easy and convenient way, we use Calendly. Your data from the form will be transferred to our appointment account at Calendly after you press the “Book appointment” button. You will then receive a confirmation email with a link to the event. Your data will be kept at Calendly until the purpose for storing the data no longer applies (appointment made) or you request us to delete it. Calendly undertakes not to pass on your data to third parties. The legal basis is your consent as well as our legitimate interest.

O. Administration, financial accounting, office organization, contact management
We process data in the context of administrative tasks as well as organization of our business, and compliance with legal obligations, such as archiving. In this regard, we process the same data that we process in the course of providing our contractual services. The processing bases are our legal obligations and our legitimate interest.

P. Affiliate Registration
Affiliate Registration requires some Personal Data and the acceptance of our Affiliate Program Terms. The following information is collected and stored by us : User Name, First Name, Last Name, Email, Password. Full registration is necessary to use our Affiliate services. The processing of your Personal Data is based on your consent. 

DISCLOSURES OF YOUR PERSONAL DATA

We will not disclose or otherwise distribute your Personal Data to third parties unless this is a) necessary for the performance of our services, b) you have consented to the disclosure, c) or if we are legally obliged to do so e.g., by court order or if this is necessary to support criminal or legal investigations or other legal investigations or other legal proceedings; or proceedings at home or abroad or to fulfill our legitimate interests.

INTERNATIONAL TRANSFER

We may transfer your Personal Data to other companies as necessary for the purposes described in this Privacy Policy. In order to provide adequate protection for your Personal Data when it is transferred, we have contractual arrangements regarding such transfers. We take all reasonable technical and organizational measures to protect the Personal Data we transfer.

SMS MARKETING POLICY

A. General and Opt-In
Insofar as you have given us your separate consent and your mobile number to process your data for marketing and advertising per SMS, we are entitled to send you marketing, promotional or informational messages.

A mobile user might opt-in by: i) Entering a phone number online, ii) Sending an Mobile Originating (MO) message containing an advertising keyword, iii) Filling out a paper form that includes their phone number, or iv) Signing up at a point-of-sale location.

All marketing and advertising per SMS will be managed by us, or by our contracted service providers. Every directly addressed marketing and advertising per SMS sent or made by us or on our behalf will include a means by which you may unsubscribe or opt out.

You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us.

B. Opt-Out and Support
You may opt-out at any time. If you wish to opt- out and stop receiving calls from us please tell us on the phone directly and if you no longer agree to receive mobile messages from us, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to any mobile message from us.

You may continue to receive text messages for a short period while we process your request, and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out.

For support, reply HELP to any mobile message from us. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Terms.

 

C. SMS and other Mobile Messages

We may send marketing and advertising per SMS in various formats. Promotional messages advertise and promote our products and services and may include promotions, specials and other marketing offers.

Our marketing and advertising per SMS may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Our message frequency will vary but will not exceed 7 messages per Week (excluding appointment reminders).

We do not charge for mobile messages sent but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.

***We will never rent or sell your phone number to any third party, nor will we use your phone number to initiate a call or SMS message to you without your express or implied prior consent. Your wireless carrier and other service providers also collect data about your SMS usage, and their practices are governed by their own privacy policies


D. Changes

We may also change the telephone number or short code we use and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.

E. Telephone Consumer Protection Act (“TCPA”) and CAN-SPAM Act (“CAN SPAM”) compliance
To be in accordance with the TCPA and CAN SPAM, we agree to the following: If at any time you would like to unsubscribe from receiving future emails and SMS, you can email or reply to us as described above, and we will promptly remove you from ALL correspondence.

 

HOW LONG DO WE KEEP YOUR PERSONAL DATA?

We will delete your Personal Data when we no longer need such Personal Data, for instance where:

  • it is no longer necessary for us to retain your Personal Data to fulfill the purposes for which we had collected it;
  • we believe that your Personal Data that we hold is inaccurate; or
  • in certain cases where you have informed us that you no longer consent to our processing of your Personal Data.

Sometimes, however there are legal or regulatory requirements which may require us to retain your Personal Data for a specified period, and in such cases we will retain your Personal Data for such specified period; and we may need to retain your Personal Data for certain longer periods in relation to legal disputes, and in such cases we will retain it for such longer periods to the extent required.


HOW WE SECURE YOUR PERSONAL DATA

We take appropriate organizational, technical, and physical measures to help safeguard against accidental or unlawful destruction, loss, alteration, and unauthorized disclosure of, or access to, the Personal Data we collect and process. However, no method of collection, storage, or transmission is 100% secure. You are solely responsible for protecting your password, limiting access to your devices, and signing out of websites after your sessions.


SOCIAL MEDIA

We are present on social media and if you contact or connect with us via social media websites, we and the relevant social media website are jointly responsible for the processing of your data and enter into a so-called joint controller agreement. The legal basis is our legitimate interest, your consent or, in some cases, the initiation of a contract.

When you visit our social media profiles, we, as the operator of the profile, process your actions and interactions with our profile (e.g., the content of your messages, enquiries, posts or comments that you send to us or leave on our profile or when you like or share our posts) as well as your publicly viewable profile data (e.g., your name and profile picture).

Which Personal Data from your profile is publicly viewable depends on your profile settings, which you can adjust yourself in the settings of your social media account. Please take care not to transmit or share sensitive data or confidential information (e.g., application documents, bank or payment data) via social media platforms; we recommend that you use a more secure means of transmission (e.g. e-mail).

LINKED SITES

For your convenience, there may be hyperlinks on our website that link to other websites. We are not responsible for, and this Privacy Policy does not apply to the privacy practices of any linked websites or of any companies that we do not own or control. The website links may collect information in addition to the information we collect.

We do not endorse any of these linked websites, their products, services, or any of the content on their websites. We encourage you to seek and read the Privacy Policy of each linked website that you visit to understand how the information that is collected about you is used and protected.

YOUR RIGHTS AND PRIVILEGES

A. Privacy rights
Under the FDBR, you can exercise the following rights:

  • Right to Know/Access
  • Right to Delete
  • Right to Opt-out of Sale
  • Right to Non-Discrimination
  • Right to Rectification
  • Right to Limit Use and Disclosure of Sensitive Personal Data

Under the GDPR, you can exercise the following rights:

  • The right to access;
  • The right to rectification;
  • The right to erasure;
  • The right to restrict processing;
  • The right to object to processing;
  • The right to data portability;

B. Updating your information and withdrawing your consent
If you believe that the information we hold about you is inaccurate or request its rectification, deletion, or object to legitimate interest processing, please do so by contacting us.

C. Access Request

In the event you want to make a Data Subject Access Request, please contact us. We will respond to requests regarding access and correction as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days, we will tell you why and when we will be able to respond to your request. If we are unable to provide you with any Personal Data or to make a correction requested by you, we will tell you why.

D. Complaint to a supervisory authority

You have the right to complain about our processing of Personal Data to a supervisory authority responsible for data protection. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.

E. What we do not do

  • We do not request Personal Data from minors and children;
  • We do not process special category data without obtaining prior specific consent; and
  • We do not use Automated decision-making including profiling.


USA SPECIFIC PROVISIONS

The following applies to users located in other parts of the United States. While we understand and appreciate that privacy and consumer data protection laws differ as they are subject to each state’s legislature and that no data protection framework similar to the FDBR exists on a federal level, we are committed to follow and apply the for your state relevant privacy rules and regulations.

As of the day of drafting, the following states had enacted privacy and consumer data protection laws:

  • California Consumer Privacy Act (“CCPA”) including its subsequent amendments from the California Privacy Rights and Enforcement Act (“CPRA”);
  • Colorado Privacy Act (“CPA”);
  • Connecticut Data Privacy Act (“CTDPA”);
  • Delaware Personal Data Privacy Act (“DPDPA”);
  • Indiana Consumer Data Protection Act (“ICDPA”);
  • Iowa Consumer Data Protection Act (“ICDPA”);
  • Montana Consumer Data Privacy Act (“MCDPA”);
  • Oregon Consumer Privacy Act (“OCPA”);
  • Tennessee Information Protection Act (“TIPA”);
  • Texas Data Privacy and Security Act (“TDPSA”);
  • Utah Consumer Privacy Act (“UCPA”); and
  • Virginia Consumer Data Protection Act (“VCDPA”).

Further and under consideration of the similarities of the above provisions, no conflict should arise pursuing a uniform approach in granting all users in the USA the same rights and privileges as set out above. However, should ambiguity occur the most stringent provision is chosen to ensure the most comprehensive approach when it comes to protecting your Person

Further, the following also apply

i) “Shine the Light”
“Shine the Light” law (Civil Code Section 1798.83) requires us to respond to requests from California asking about the business’s practices related to disclosing Personal Data to third parties for the third parties’ direct marketing purposes. You may make a request about our collection and disclosure of your Personal Data using the contact details provided.

ii) COPPA (Children Online Privacy Protection Act)
When it comes to the collection of Personal Data from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. We do not specifically market to children under the age of 13 years old.

iii) Controls For Do-Not-Track Features
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (‘DNT’) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, our website does not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Notice.

iv) Right to complain
Finally, and in regard to the right to complain to a supervisory authority. You have the right to lodge a complaint about our processing of Personal Data with a supervisory authority responsible for data protection. Users based in the above-mentioned States may lodge a complaint with the relevant district attorney or attorney general office. However, we would appreciate the opportunity to address your concerns before you contact any supervisory authority.

HELP AND COMPLAINTS

If you have any questions about this policy or the information, we hold about you please contact us by email using info@macrowise.com or call us on 786-705-6055.

CHANGES

The first version of this policy was issued on Monday July 15th, 2024, and is the current version. Any prior versions are invalid and if we make changes to this policy, we will revise the effective date.