Policies, Procedures & Disclosures

PRIVACY POLICY & DISCLOSURES

Last Updated: March 2023

This privacy notice provides you with details of how we collect and process personal data through your use of our sites: www.athletictouch.com, www.ruthcummings.com, and www.familyfitnesstravel.com.By providing us with your data, you warrant to us that you are over 13 years of age.

Athletic Touch, LLC is the data controller and we are responsible for your personal data.

Ruth Cummings Coaching contact details:

Name of legal entity: Athletic Touch, LLCEmail address: ruth@ruthcummings.comMailing address: 2601 Wyoming Blvd NE Suite 110, Albuquerque, New Mexico, 87112

**Disclosures:**I, Ruth Cummings, am not a doctor, Counselor, Psychologist, or mental wellness professional of any kind. My advice is based on my life experience and is not to replace any instructions from your doctor, counselor, or mental care professional. You take full responsibility of your actions and decisions to act upon any of my advice, videos, podcasts, blog posts or in person. If you have any concerns, ask me. By using this website, you agree to my policies and procedures and agree not to sue me for any injury, death, pain that comes up after deciding to act on any of the information I provide. If you need medical care, call your doctor. If you are having an emergency, call 911.

PERSONAL INFORMATION WE COLLECTWhen you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site.

We collect information using the following technologies:

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.“Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.“Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number. We refer to this information as “Order Information.”

We also collect communication data that includes any communication that you send to us whether that be through the contact form on our website, through email, text, social media messaging, social media posting or any other communication that you send us. We process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.

We may use this data to deliver relevant website content and advertisements to you and to measure or understand the effectiveness of the advertising we serve you. Our lawful ground for this processing is legitimate interests which is to grow our business. We may also use such data to send other marketing communications to you. Our lawful ground for this processing is either consent or legitimate interests.

SENSITIVE DATA

We do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race, ethnicity, religion, political affiliations, or sexual orientation.

Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to deliver goods or services to you). If you don’t provide us with the requested data, we may have to cancel a product or service you have ordered but if we do, we will notify you at the time.

We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this please email us at ruth@ruthcummings.com.

We may process your personal data without your knowledge or consent where this is required or permitted by law.

MARKETING COMMUNICATIONS

Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if you made a purchase or asked for information from us about our goods or services or you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, we may send you marketing emails without your consent. However, you can still opt out of receiving marketing emails from us at any time.

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you OR by emailing us at ruth@ruthcummings.com at any time.

If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other purchases or transactions.

DATA SECURITY

We have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorization. We also allow access to your personal data only to those employees and partners who have a business need to know such data.

DATA RETENTION

We will only retain your personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

YOUR RIGHTS

Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent. If you wish to exercise these rights please email us at ruth@ruthcummings.com.

If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please email us at ruth@ruthcummings.com.

Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.

CHANGES

From time to time, we may update this privacy policy when we make changes to our practices or for other operational, legal or regulatory reasons without notice.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at ruth@ruthcummings.com or by mail using the details provided below:

2601 Wyoming Blvd NE Suite 110, Albuquerque, New Mexico, 87112, United States

COMMENT POLICY

Two words: Be nice. Be kind. Spread love, appreciation, healing & hope.

It is my desire and hope to encourage people with this site. It is my firm belief that every human is valuable and worthy of love and respect and as such, we will not allow comments that include:

any type of hate speechany type of R rated inforacismbad wordsthreats to us or other visitorsviolation of anyone’s copyright, trademark, etc.Comments deemed to be spam or solely promotional in nature will be deleted. Including a link to relevant content is permitted, but comments should be relevant to the post topic.

My editorial team & I reserve the right to edit or delete comments as we see fit, without explanation.

AFFILIATE DISCLAIMER

I have “affiliate links” on this site, which, when you click on them, take you to a different site on which, if you purchase something, I am paid a small commission.

I am not responsible for the products in any way on the “other side” of these links, on the websites or places of business. In addition, a merchant will likely have privacy and data collection practices that are different from mine. If you make a purchase from a link described above, on their site or on a site that we have posted a link to, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your name, e-mail address, street address, telephone number, and credit card number, may be collected by the merchant and by us. For more information regarding a merchant, its online store, its privacy policies and other information about them, visit their website, scroll to the bottom and find/click on their contact area so you can contact the merchant directly.

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.

• Disclosed in accordance with the Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”

Disclosures

#Disclaimers

1. FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.

The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use.

2. NOT MEDICAL, MENTAL HEALTH, OR RELIGIOUS ADVICE.

I am not, nor am I holding myself out to be a doctor/physician, nurse, physician’s assistant, advanced practice nurse, or any other medical professional (“Medical Provider”), psychiatrist, psychologist, therapist, counselor, or social worker (“Mental Health Provider”), registered dietician or licensed nutritionist, or member of any clergy. As a Body Mind Life Coach, I am not providing health care, medical or nutritional therapy services, or attempting to diagnose, treat, prevent or cure any physical, mental or emotional issue, disease or condition. The information provided in or through this Website pertaining to your HEALTH OR WELLNESS, EXERCISE, NUTRITION, RELATIONSHIPS, BUSINESS/CAREER CHOICES, FINANCES or any other aspect of your life is MY OPINION and not intended to be a substitute for the professional medical advice, diagnosis or treatment provided by your own Medical Provider or Mental Health Provider. You agree and acknowledge that I am not providing medical advice, mental health advice, or religious advice in any way. Always seek the advice of your own Medical Provider and/or Mental Health Provider regarding any questions or concerns you have about your specific health or any medications, herbs or supplements you are currently taking and before implementing any recommendations or suggestions from this Website. Do not disregard medical advice or delay seeking medical advice because of information you have read on this Website. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly. The information contained on this Website has not been evaluated by the Food and Drug Administration.

3. NOT LEGAL OR FINANCIAL ADVICE.

I am not an attorney, accountant or financial advisor, nor am I suggesting I am. The information contained in this Website is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, I cannot be held responsible for any errors or omissions, and I accept no liability whatsoever for any loss or damage you may incur. Always seek financial and/or legal counsel relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future. You agree that the information on this Website is not legal or financial advice.

4. PERSONAL RESPONSIBILITY.

You aim to accurately represent the information provided to me on or through this Website and in person. You acknowledge that you are participating voluntarily in using this Website and that you are solely and personally responsible for your choices, actions and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from me or this Website to your life, family or business.

5. NO GUARANTEES.

My role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. I cannot predict and I do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website or from my coaching.

6. BODY RESULTS DISCLAIMER.

Any testimonials or examples shown through this Website and with my stories are only estimates of what might be possible now or in the future. There can be no assurance as to any particular pain-free outcome based on the use of this Website or coaching with me. You agree that I am not responsible for your pain or body results, and that the success or failure of your body or personal life, the increase or decrease of your pain levels or any other result of any kind that you may have as a result of information presented to you through this Website or my coaching. You are solely responsible for your results.

7. TESTIMONIALS.

I present real world experiences, testimonials, and insights about other people’s experiences with this Website for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved, or they are comments from individuals who can speak to our character and/or the quality of our work. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.

8. ASSUMPTION OF RISK.

As with all situations, there are sometimes unknown individual risks and circumstances that can arise during use of my Website that cannot be foreseen that can influence or reduce results. You understand that any mention of any suggestion or recommendation on or through my Website or with coaching is to be taken at your own risk, with no liability on my part, recognizing that there is a rare chance that illness, injury or even death could result, and you agree to assume all risks.

9. LIMITATION OF LIABILITY.

By using this Website, you agree to absolve me of any liability or loss that you or any other person may incur from use of the information, products or materials that you request or receive through or on my Website. You agree that we will not be liable to you, or to any other individual, company or entity, for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, for use of or reliance on my Website or coaching. You agree that I do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, or any other type of loss or damage due to any act or default by us or anyone acting as our agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with my business or us, who is engaged in delivering content on or through this Website.

10. INDEMNIFICATION AND RELEASE OF CLAIMS.

You hereby fully and completely hold harmless, indemnify and release me and any of my agents, consultants, affiliates, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with my business or me from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to my Website.

11. NO WARRANTIES.

I MAKE NO WARRANTIES RELATED TO THE PERFORMANCE OR OPERATION OF MY WEBSITE. I MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

12. ERRORS AND OMISSIONS.

Although every effort is made to ensure the accuracy of information shared on or through this Website, the information may inadvertently contain inaccuracies or typographical errors. You agree that we are not responsible for the views, opinions, or accuracy of facts referenced on or through my Website, or of those of any other individual or company affiliated with my business or us in any way. Because scientific, technology and business practices are constantly evolving, you agree that we are not responsible for the accuracy of my Website, or for any errors or omissions that may occur.

13. NO ENDORSEMENT.

References or links in my Website to the information, opinions, advice, programs, products or services of any other individual, business or entity does not constitute our formal endorsement. We are merely sharing information for your own self-help only. We are not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in my Website. Conversely, should our Website link appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute my formal endorsement of them, their business or their website either.

14. AFFILIATES.

From time to time, I may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with mine. In the spirit of transparency, I want you to be aware that there may be instances when I promote, market, share or sell programs, products or services for other partners and in exchange I may receive financial compensation or other rewards. Please note that I am highly selective and I will only promote the partners whose programs, products and/or services I respect. At the same time, you agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. You are still required to use your own judgment to determine that any such program, product or service is appropriate for you. You are assuming all risks, and you agree that we are not liable in any way for any program, product or service that we may promote, market, share or sell on or through our Website.

By using our Website you are agreeing to all parts of the above Disclaimer. If you have any questions about this Disclaimer, please contact us at ruth@ruthcummings.com.