Privacy Policy

Jonathan Roche Fitness Ventures LLC dba Breakthrough Health & Wellness Solutions, Inc. (hereinafter, “BHW,” “us,” or “we”) provides a variety of online services and products, which may include subscription, newsletter, and update services and message boards, chat rooms, and other public forums (“Services”), to subscribers and users via email, at www.breakthroughhw.com and www.energyup.co and on other websites throughout the World Wide Web (the “Sites”).

The purpose of this BHW privacy policy (the “Policy”) is to help you understand the kinds of information we may gather about you when you visit the Sites or use any of our Services, how we may use that information, in which manner we will disclose it, and how you can correct or update the information. PLEASE NOTE THAT BY USING THE SERVICES OR VISITING THE SITES, YOU SIGNIFY YOUR AGREEMENT WITH THIS POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS POLICY, YOU MAY NOT USE THE SERVICES AND PLEASE REFRAIN FROM VISITING THE SITES.

Please note that the Policy applies only to BHW’s Services and Sites, but not to other websites to which we may link, or to advertisers on the Sites. Additionally, your use of the Services or the Sites is governed by BHW’s Terms and Conditions of Use, as well as by any other published rules pertaining to either a particular Site or Service.

The Information We Gather

BHW collects information from you at several different points on the Sites or through use of the Services in various ways. For example, BHW continually reviews its visitors’ demographics, interests, and pages viewed, and BHW may require its subscribers and users to provide certain personal information if they wish to participate in various programs and activities on the Sites. BHW is committed to respecting the privacy of the subscribers and users of the Sites and to provide a safe, secure user experience. However, BHW cannot ensure that all of your personally identifiable information and communications will remain private and will never be disclosed in ways not otherwise described in this Policy. Therefore, although we maintain and make every effort to comply with industry privacy standards, we do not promise, nor should you expect, that your personally identifiable information or private communications will always remain private in all circumstances.

Message Board and Chats

Among the many Services which BHW offers subscribers on the Sites, we may provide message boards and chat rooms. Please be aware that any visitor may read your postings on a message board or in a chat room. Furthermore, any information that you may post to a message board or in a chat room, including your profile information, will be disclosed and available to all users of that message board or chat room, and will therefore no longer be private. BHW cannot guarantee the security of such information that you disclose or communicate online in public areas such as message boards and chat rooms, and you do so at your own risk. BHW reserves the right to republish your postings from message boards or chat rooms elsewhere on the Web in any format.

How We Use the Information That We Gather

BHW may place Internet cookies on your hard drive. Internet cookies are small files that may be placed on your hard disk for record-keeping purposes. Cookies are used to (a) remind us of who you are in order to deliver you better service; (b) estimate our audience size by determining repeat usage of the Web site to help target advertisements based on user interests and behavior; (c) track your progress and entries in promotions, sweepstakes and contests, if any; and (d) measure certain traffic patterns for use as a research tool to understand how our users’ habits are similar or different from one another. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. By not accepting cookies, some Web pages may not display properly or you may not be permitted to access certain information.

BHW may also collect IP addresses (the Internet address of a computer) to track a user’s session while the user remains anonymous. We analyze this data for certain trends in statistics, such as which parts of our site users are visiting and how long they spend there. In general, we do not link your IP addresses to anything personally identifiable to you.

As a matter of policy and unless otherwise stated herein, BHW does not rent, sell, or share your personally identifiable information with other people or non-affiliated companies. However, BHW reserves the right to use your personally identifiable information to notify you of certain products or Services about which you previously inquired or requested, special promotional offers, and to investigate violations of the terms and provisions of this Policy or the Terms of Use Agreement. In addition, BHW aggregates (gathers and organizes data across all subscriber and user accounts) personally identifiable information from among its subscriber and user base and discloses only that portion of the information which is non-personally identifiable to advertisers and other third parties for marketing, promotional and other commercial purposes. For example, your name, email address, password, credit card number, and bank account number will never be disclosed without your express prior written consent.

Disclosure of Personal Information in the Event of Merger or Sale of Assets

BHW, its parent, subsidiaries, or affiliates, could merge with or be acquired by another business entity, or all or substantially all of their respective assets could be acquired. Should such a combination, acquisition, or transaction occur, you should expect that BHW will share some or all of your personally identifiable information with the acquiring or merged entity in order to continue serving you and others information, updates, and offers concerning the Sites or Services.

Co-branded and Other Affiliated Sites

Certain information or Services offered or provided through the Sites may, from time to time, be provided on or through other websites operated by or in conjunction with third party providers (“Partners”). These websites and the features thereon may have the same “look and feel” as BHW’s Sites or Services. BHW terms these websites “co-branded sites,” and often times a Partner’s logo or name may appear on the website, or the Partner’s name may appear in the URL. Although BHW will continue to own any personally identifiable information collected about you from one of these co-branded sites, such information may be shared by BHW with that Partner.

Third Party Links

BHW does not monitor, control, or endorse the information collection or privacy practices of any third parties including, without limitation, any co-branded, Partner, or affiliated sites which may or may not be owned or operated by or in conjunction with BHW or other third parties who may provide services throughout the Sites. Please be aware that the Sites may contain links to other websites on the Internet and the Services may be provided by such third parties. BHW assumes no liability or responsibility for the information collection and privacy practices of any such third party. Please consult each website’s privacy policy. In addition, BHW is not responsible for the content or data collection practices of any third party websites, including a third party’s use of cookies or other data-collection applications.

Security

BHW places a priority on the security of personally identifiable information, and we undertake reasonable security measures to protect the data that resides on our servers. BHW also uses secure server software (SSL) to process all transactions which occur on the Sites. SSL encrypts all of your personal information transmitted over the Internet, including your credit card number, name, and address. However, no security system is impenetrable. BHW cannot warrant or guarantee the security of its servers, nor can it guarantee that information supplied by subscribers or other users will not be intercepted while being transmitted to BHW over the Internet.

Children’s Information

BHW’s policy is that it does not knowingly collect personally identifiable information from subscribers under 18 years of age. The Services or Sites are not directed or intended for minors. If you are under 18 years of age, you should not register or provide personally identifiable information on any of the Sites. If you are the parent or guardian of a person under the age of 18 whom you believe has disclosed personally identifiable information to BHW, please contact BHW at remove@breakthroughhw.com so that we may delete and remove such person’s information from our systems.

Correction/Updating Personal Information

If your personally identifiable information changes (such as your address, zip code), or if you no longer desire to use or access one of the Sites or Services, BHW encourages you to correct, update, or remove the personal information that you provided. This can be done at the privacy page on each of the Sites. Keep in mind, however, that even if you delete your account from BHW’s records, there will be residual information that will remain within BHW’s databases, access logs, and other records, which may or may not contain personally identifiable information.

How To Contact Us

Please relay any questions you may have pertaining to our above stated policies to our Customer Service Department at info@breakthroughhw.com.

Privacy Policy Changes

This Policy was last changed on May 2, 2005. If BHW makes changes to any of the terms or conditions of this Policy, the changes will be posted in this document so that you will always know what information we gather, how we might use that information and to whom we will disclose it. We reserve the right to change, modify, add, or remove portions of this Policy at any time, and any changes will become effective immediately upon being posted unless BHW advises you otherwise. Your continued use of the Services or the Sites after this Policy has been amended will be deemed to be your continued acceptance of the terms and conditions of this Policy and the Terms and Conditions of Use, as amended.