- Use of this website and any other websites owned or controlled by us which reference or link to this policy (the “Website” or “Websites”);
- Use of the software applications made available by us for use on or through computers and mobile devices (the “Apps”);
- Use or consideration of our products and services, including Visual Exercise System, Exercise Buddy, Professional Development workshops, consulting and Autism Exercise Specialists Certificate (the “Services”);
- Interacting with us, including contacting our customer service department, connecting with us on social media, posting to our social media pages, and tagging us in your social media posts (collectively, the “Communications”); and
- Responding to or viewing our advertisements or participating in our surveys, promotions, giveaways, sweepstakes, and contests (the “Participation Opportunities”).
The Websites, the Apps, the Services, the Communications, and the Participation Opportunities are collectively referred to as the “Company Activities and Interactions.”
2. PERSONAL INFORMATION WE COLLECT
“Personal Information” means any data that identifies you as an individual or relates to an identifiable individual. We obtain various categories of Personal Information relating to you from various sources described below.
2.1. CATEGORIES OF PERSONAL INFORMATION WE COLLECT
The categories of Personal Information that we may collect include:
Identifiers. We may collect identifiers, such as first name, middle name, last name, maiden name, alias, email address, phone number, username, photographs, physical address, geolocation information, IP address, date and place of birth, digital signature, and, in rare circumstances, social security number, driver’s license or state/governmental identification number, and tax identification number (“TIN”).
Demographic Information. We may collect demographic information, such as age, and gender.
Internet Activity. We may collect internet activity information, such as IP address, browser characteristics, device IDs and characteristics, operating system version, and referring URLs.
Commercial Information. We may collect commercial information, such as Apps or Services purchased and/or used.
Social Media Information. We may collect information from your social media account consistent with your settings within the social media service, such as location, check-ins, activities, interests, photos, status updates, and friend list.
Payment Information. We may collect payment information, such as credit or debit card information, bank account information, and billing information.
Location Information. We may collect location information, such as location based on IP address or geolocation information.
Chat Content. We may collect chat or text content and history, such as customer care conversations.
Inferences. We may collect inferences regarding your marketing and communications preferences, interests, and other characteristics.
2.2 WHERE WE COLLECT PERSONAL INFORMATION FROM
Personal Information Obtained from You
We collect Personal Information from you directly in a variety of ways. Some examples are when you:
Conduct Business with Us. We collect Personal Information from you at various places and through various mechanisms when you use, visit, or participate in the Company Activities and Interactions. This may include, for example, when you use, purchase, obtain or consider our Services or register on our customer portals. For our Websites, Apps, and Services that offer electronic payment services, the information you give us may include another individual’s Personal Information. By submitting personal information with respect to anyone else, you warrant that you have the full authority and consent from such person to do so and are not violating any applicable law.
Pay for Services. We collect Personal Information from you in order to fulfill your order and your request for Services.
Inquire about Our Services or Request Information or Materials from Us. We collect Personal Information from you in order to respond to your request for a quote or inquiry about our Services.
Contact Customer Care Centers. We collect Personal Information from you when you contact us, including when you communicate with us by email, fax, or via online chat services or contact customer service. These verbal communications may be recorded for purposes of quality assurance and training.
Social Media. We may collect Personal Information from you when you choose to participate in our social media activities or offerings. We may also allow you to enter into contests to provide photos which you may share with your connections on social media for votes, shared offers or other promotions.
Application for Employment. We collect Personal Information from you when you choose to apply online for employment with us in order to assess your suitability for employment.
Personal Information Obtained from Third Parties
We may collect your Personal Information from third parties. Some examples are when we collect information from:
Affiliates and Business Partners. We may obtain your Personal Information from our affiliates and business partners in order to offer and provide our Services and to support our core business functions.
Marketing Partners. We may obtain your Personal Information from our marketing partners, which may include, if applicable, third parties from whom we purchase Personal Data.
Social Sign-On/Account Linking. Our Websites may include functionality that allows integration with third-party sites, such as Twitter, Facebook, or other social networks. Some of those third-party services may provide us with your information to enhance and personalize your use of our Websites. If you submit your credentials (e.g., username and password) for a third-party website or service during your registration on our Websites or in connection with updating your user profile, we may receive your information from such third-party website or service.
Personal Information Obtained Passively
When you access our Websites, we and our service providers may collect Personal Information related to you, as well as processes and programs that are running on your device, through automated means, such as cookies, web beacons, and web server logs. A cookie is a small data file that a website transfers to your computer’s hard drive. Web beacons (sometimes called transparent GIFs, clear GIFs, or web bugs) are small strings of code that provide a way for us to deliver a small graphic image (usually invisible) on a web page or in an email. Web beacons can recognize certain types of information on your computer such as cookies, the time and date a web page is viewed, and a description of the web page where the web beacon is placed. A web server log is a simple text file that records activity on the server, such as when and how visitors are accessing a website.
3. HOW WE USE YOUR PERSONAL INFORMATION
We may use Personal Information provided to us as follows:
To offer and provide our Services and to support our core business functions.
To service or fulfill orders, including to communicate with you about our Services, send an order confirmation, register and service your account, and respond to customer service requests related to the Services we provide.
To personalize your experience by displaying content based upon your interests.
For internal business processes, authentication, loss and fraud prevention, public safety, and legal functions.
For direct marketing purposes, which may include inviting you to participate in promotions, giveaways, sweepstakes, and contests and to send you information about our existing, new, or updated Services or news and information that you have otherwise requested through our newsletter subscription.
To invite you to participate in user surveys or to ask for your feedback on our Websites, Apps, or Services.
To conduct research, analysis, and advertising.
For internal statistical, product development, marketing, or operational purposes, such as to measure and understand demographic, user, user interest, purchasing, and other trends among our users.
To protect the security and integrity of our Company Activities and Interactions.
To comply with applicable laws and regulations.
In some instances, we may combine Personal Information and other information we collect with offline information, including information from third parties. We may also transfer or disclose your information within our corporate family of companies for these purposes.
4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION
We disclose your Personal Information to third parties when we have your prior consent and under the following limited circumstances:
Affiliates and Business Partners. We may disclose your Personal Information to our affiliates and business partners that help with our Company Activities and Interactions for the purpose of offering and providing our Websites, Apps, and Services and to support our core business functions.
Service Providers. We may disclose your Personal Information to our service providers that help with our Company Activities and Interactions for the purpose of offering and providing our Websites, Apps, and Services and to support our core business functions. In helping with our Company Activities and Interactions, our service providers may also process your Personal Information on our behalf. Examples of activities that our service providers help our company with include, but are not limited to, assisting with payments and orders, maintaining databases, assisting with billing, providing credit, complying with governmental or quasi-governmental reporting, assisting with collection services, providing customer service, or communicating with you about surveys, promotions, giveaways, sweepstakes, or contests. We may also share your Personal Information with service providers to provide general functions on our behalf relating to the Services.
Our service providers are obligated to protect your Personal Information and may not otherwise use or share your Personal Information, except for defined business purposes and as may be required by law.
To a potential or actual acquirer, successor, or assignee as part of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets or stock (including in bankruptcy or similar proceedings).
If required to do so by law or in the good faith belief that such action is appropriate: (i) under applicable law, including laws outside your country of residence; (ii) to comply with legal process; (iii) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iv) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (v) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (vi) to allow us to pursue available remedies or limit the damages that we may sustain.
We may use and disclose aggregate and/or de-identified information that does not identify or otherwise relate to an individual, for any purpose, including but not limited to market research, to project planning, to track the number of daily visitors to a particular web page, to track the size of an order placed on a certain date, and to troubleshoot problems, unless we are prohibited from doing so under applicable law.
5. LINKS TO OTHER SITES
Our Websites may contain third-party links, include third-party integrations, or offer a co-branded or third-party-branded service (collectively, “Other Links and Sites”). Through these Other Links and Sites, you may be providing information (including Personal Information and other information) directly to the third party (which may include certain service providers), us, or both. Because these Other Links and Sites may not be hosted or controlled by us, however, we are not responsible for the privacy practices of those Other Links and Sites or the content provided thereon.
6. ANALYTICS SERVICES
The Websites may use analytics services provided by third parties, such as Google Analytics, Mailchimp, among others (collectively, “Data Analytics Providers”). These Data Analytics Providers use collection technologies to collect and store information about the use of our Websites and the use of other websites, apps, and online resources.
You can read the privacy policies of such Data Analytics Providers at their web sites.
Essential Cookies: These are cookies without which you would not be able to use our Websites. For example, Essential Cookies adjust the Website data transmitted to match your internet connection, get you to the secure versions of the Website, and help provide services you specifically request. If you set your browser to block these cookies, some parts of the Website will not work.
Analytic Cookies: These cookies count visits and traffic sources to measure and improve Website performance. We may use persistent cookies, which will remain on your computer even after you close your browser, to understand general Website usage and volume statistical information (which does not include Personal Information) and improve the content and offerings on our Websites. We may also use persistent cookies to store user preferences.
Functional cookies: These cookies allow the Website to remember choices you make and provide enhanced functionality and more personalized features. These technologies are used so that we can provide a continuous and more personalized shopping experience for you (e.g., to recognize you by name when you return to a Website).
Under certain state laws, collection of data through third-party cookies for targeted advertising and similar purposes may be considered a “sale.” To opt-out of automated sales of Personal Information, please send an email request to [email protected].
We store your Personal Information and other information using reasonable physical, technical, and administrative safeguards. While we use industry standard means to protect our Websites, Apps, Services, and your information, no transmission of data over the internet is guaranteed to be completely secure. The measures we use are appropriate for the type of information we collect. However, it may be possible for third parties not under the control of us to intercept or access transmissions or private communications unlawfully. We cannot promise that your use of our Websites or Apps will be completely safe, nor can we ensure or warrant the security of any information you transmit to us over the internet. We encourage you to use caution when using the internet.
9. PRIVACY RIGHTS OF CALIFORNIA RESIDENTS
Under the California Consumer Privacy Act (“CCPA”), consumers have the right to request that a business not sell their personal information. We do not share your information with third parties in exchange for money. We do share your Personal Information with third parties to enhance your experiences with us, to improve our ability to serve you, and to keep you aware of our products, services, and offers. As described above in our “Cookies” section, California law may treat some such disclosures as a “sale,” and consumers have a right under the CCPA to direct us not to sell their personal information. If you wish to opt out of such a sale of your personal information, please send an email request to [email protected].
In addition, the CCPA provides California residents with the following privacy rights:
Right to Delete: Consumers have a right to request the deletion of personal information that we have collected from them, though we may be permitted to retain personal information for certain purposes.
Right to Know: Consumers have a right to request information about the personal information that we collect, use, disclose, and sell.
Non-Discrimination: We may not discriminate against you for exercising your rights under the CCPA.
If you are a California resident, or an authorized agent acting on behalf of a California resident, and would like to exercise one of these rights, please send an email request to [email protected]. When submitting such a request, please indicate the type of request you are making and provide first name, last name, email address, county, state, and the product or service the consumer has used. Once you submit a request, we will use that information to contact the consumer and attempt to verify the consumer’s identity by requesting a declaration and comparing the information provided to the information collected and/or maintained by us.
Please note there may be circumstances where we will not honor your request, as permitted under the CCPA. For example, if you request deletion, we may need to retain certain personal information to comply with our legal obligations.
To contact us with questions about our compliance with the CCPA, email us at [email protected]. Please note that consumers will not receive discriminatory treatment for the exercise of privacy rights conferred by the CCPA.
10. OUR WEBSITES AND CHILDREN
If you no longer want to receive marketing-related emails from us on a going-forward basis, you may unsubscribe from such email by clicking the unsubscribe link in the footer of such email. We will try to comply with your request as soon as reasonably practicable. If you opt out of receiving marketing emails from us, we may still send you important administrative messages, from which you cannot opt out.
California Civil Code § 1798.83 further permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. If you are a California resident, you may ask us to refrain from sharing your personal information with certain of our affiliates and other third parties for their direct marketing purposes. To learn more about this process, please see our “Privacy Rights of California Residents” section above.
11. CUSTOMER TESTIMONIALS
From time to time, we post customer testimonials on our Websites which may contain Personal Information, such as the customer’s name and other Personal Information. We do obtain the customer’s consent prior to posting the testimonial. If you wish to update or delete your testimonial, you can contact us by sending an email to [email protected].
12. UPDATING YOUR PERSONAL INFORMATION
In certain circumstances, you may be able to review and request changes to your Personal Information on the Website or by sending an email to [email protected].
13. INTERNATIONAL VISITORS
Our Websites, Apps, and Services are hosted in the United States, which means Personal Information we collect will be processed by us in the United States where data protection and privacy regulations may be different or less stringent than other parts of the world. If you use or visit our Websites, Apps, and Services, you consent to the collection and/or processing in the United States of Personal Information we collect from you.
15. CONTACT US
Last Updated: September 14, 2023