Ember Marketing Agency ("Ember," "we," "us," or "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard information when you visit goember.co or contact us. It applies to all visitors, clients, and prospective clients regardless of location, with additional rights provided to California residents under applicable state law.
This policy does not cover information collected under separate client service agreements.
When you submit a contact form, request a Fit Call, or schedule a call through our website, we collect:
When you visit our website, we and our third-party service providers automatically collect certain technical information, including:
If you schedule a call using our Calendly integration, Calendly collects and processes your scheduling information under Calendly's Privacy Policy. We receive your name, email address, and selected appointment time.
We use the information we collect to:
We do not sell your personal information. We do not use your information for automated decision-making or profiling that produces legal effects.
We use cookies and similar tracking technologies on our website, including:
You can control cookies through your browser settings. Disabling cookies may affect website functionality. California residents may also use the Global Privacy Control (GPC) signal to opt out of certain data sharing.
We do not sell or rent your personal information. We may share your information with:
If you are a California resident, you have the following rights under the California Consumer Privacy Act (Cal. Civ. Code § 1798.100 et seq.) as amended by the California Privacy Rights Act (effective January 1, 2023):
You have the right to request that we disclose the categories and specific pieces of personal information we have collected about you, the sources of collection, the business purpose for collecting it, and the categories of third parties with whom we share it.
You have the right to request deletion of personal information we have collected about you, subject to certain exceptions (such as where we are required to retain it by law or need it to complete a transaction you requested).
You have the right to request correction of inaccurate personal information we hold about you.
Ember does not sell personal information as defined under California law. We do use Google Analytics and Google Ads, which may constitute "sharing" for cross-context behavioral advertising purposes under the CPRA. You may opt out of this sharing by enabling the Global Privacy Control in your browser or by contacting us directly.
We do not collect sensitive personal information as defined under the CPRA beyond what is necessary to provide our services.
We will not discriminate against you for exercising any of your rights under the CCPA/CPRA.
To exercise any of the above rights, contact us at:
We will verify your identity before processing your request and respond within 45 days as required by California law. Requests may be extended an additional 45 days when reasonably necessary, with notice provided to you.
You may designate an authorized agent to submit a request on your behalf. We will require written permission from you and may verify your identity directly.
California residents may request information about disclosures of personal information to third parties for direct marketing purposes during the preceding calendar year. We do not disclose personal information to third parties for their own direct marketing purposes without your consent.
In accordance with the California Online Privacy Protection Act (Cal. Bus. & Prof. Code § 22575-22579), we post this Privacy Policy conspicuously on our website. We will notify users of material changes to this policy within 30 days of those changes taking effect, by updating the "Last updated" date above.
In compliance with the CAN-SPAM Act (15 U.S.C. § 7701 et seq.), any commercial email communications we send will:
To unsubscribe from our email communications, click the unsubscribe link in any email we send, or contact us at [email protected].
Our website is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13 in violation of the Children's Online Privacy Protection Act (15 U.S.C. § 6501 et seq.). If you believe we have inadvertently collected information from a child under 13, please contact us immediately at [email protected] and we will take steps to delete that information.
We retain personal information for as long as necessary to fulfill the purposes described in this policy, unless a longer retention period is required by law. Contact form submissions are retained for up to 3 years. Analytics data is retained in accordance with Google's data retention settings, typically 14 months.
We implement reasonable administrative, technical, and physical safeguards to protect personal information from unauthorized access, disclosure, alteration, or destruction. Our website is served over HTTPS. However, no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security.
Our website may contain links to third-party websites. We are not responsible for the privacy practices of those sites. We encourage you to review their privacy policies before providing any personal information.
We may update this Privacy Policy from time to time. We will update the "Last updated" date at the top of this page and, for material changes, provide additional notice as appropriate. Continued use of our website after any changes constitutes acceptance of the updated policy.
If you have questions, concerns, or requests regarding this Privacy Policy or our data practices, contact us at:
This privacy policy was prepared for general informational purposes. It is not legal advice. Ember recommends periodic review by qualified legal counsel to ensure ongoing compliance with applicable laws.
These Terms of Service ("Terms") govern your access to and use of the Ember Marketing Agency website located at goember.co (the "Site"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.
These Terms apply to website use only. Separate written agreements govern any marketing services provided by Ember to clients.
You may use the Site for lawful purposes only. You agree not to:
All content on this Site, including text, graphics, logos, images, and software, is the property of Ember Marketing Agency or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
You may view and print pages from the Site for your personal, non-commercial use only. No other use is permitted without our prior written consent. "Ember," the Ember logo, and related marks are trademarks of Ember Marketing Agency.
When you submit information through our contact forms or other Site features, you grant Ember a non-exclusive, royalty-free license to use that information to respond to your inquiry and operate our business. You represent that any information you submit is accurate and that you have the right to submit it.
The Site integrates third-party services including Google Analytics, Google Ads, and Calendly. Your use of these services is governed by their respective terms of service and privacy policies. Ember is not responsible for the practices of these third parties.
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Ember does not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components. The information on the Site is provided for general informational purposes only and does not constitute professional marketing, legal, financial, or business advice.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EMBER MARKETING AGENCY, ITS FOUNDERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, EVEN IF EMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL EMBER'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE EXCEED ONE HUNDRED DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Ember Marketing Agency and its founders, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.
These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Contra Costa County, California for any disputes arising from or related to these Terms or the Site.
Before initiating any formal legal proceedings, you agree to contact Ember at [email protected] to attempt to resolve any dispute informally. If we cannot resolve the dispute informally within 30 days, either party may pursue available legal remedies in the courts specified in Section 8.
If you believe content on the Site infringes your copyright, please send a written notice to [email protected] including: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material and its location on our Site; (c) your contact information; (d) a statement of good faith belief that the use is not authorized; and (e) a statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act on their behalf.
By using the Site and submitting your contact information, you consent to receive electronic communications from Ember, including email. You may opt out of marketing communications at any time. Electronic communications from Ember satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Ember Marketing Agency with respect to your use of the Site and supersede all prior agreements, communications, and proposals.
We reserve the right to modify these Terms at any time. We will update the "Last updated" date on this page when changes are made. Your continued use of the Site after any changes constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.
For questions about these Terms, contact us at:
These Terms of Service were prepared for general informational purposes. They are not a substitute for advice from qualified legal counsel.