EFFECTIVE DATE: January 2023
BodyTone Studio values your privacy. The primary purpose of this Privacy Notice ("Policy") is to describe our collection, use, and disclosure of information we collect about users of our website,
www.bodytonestudio.com (our "Website"), and our mobile App (collectively for purposes of the Policy the "Services"). Our Website is operated by BodyTone Studio and subsidiaries of BodyTone Studio ("BodyTone," "we," "us," or "our"). Also, we briefly describe our practices with regard to our offline collection of information. By visiting the Website, using or downloading the App, or visiting a studio that makes this Policy available to you, you agree that your information will be handled as described in this Policy. Your use of our Website and App or interacting with us offline, and any dispute over privacy, is subject to this Policy and to our Terms & Conditions, including its applicable limitations on damages and the resolution of disputes. The BodyTone Terms and Conditions are incorporated by reference into this Policy.
A. THE INFORMATION WE COLLECT ABOUT YOUWe collect information about you directly from you (both online and in studio) and from other sources, as well as automatically through your use of our Website, App, or Services.
INFORMATION WE COLLECT DIRECTLY FROM YOU
We collect information from you when you contact us, register with our Website or App, reserve classes, make a purchase, or otherwise interact with our studio staff, Website or our App. The type of information that we collect varies based on your interaction with us and may include: your name, email address, password, and phone number, date of birth, gender, and, if you make a purchase from us, payment information, purchase history, and shipping address. To create an account and participate in one of our classes, we need emergency contact information for our customers. We also may collect information about your workout preferences, any existing injuries, or limitations. If you provide this information directly to one of our staff members, we may associate this information with your account (e.g., if you sign up for a class while you are in the studio). You may choose to voluntarily provide other information to us that we do not request, and, in such instances, you are solely responsible for such information.
INFORMATION WE COLLECT FROM OTHER SOURCES
We also collect information from other sources. The following are the categories of sources we collect information from:
Our customers, who provide the name and phone number of an emergency contact when they create an account with us, and who also may provide us information about their friends, e.g., so that we can invite others to try our classes.
Social Networks when you engage with our content, reference our Services, or grant us permission to access information from the social networks.
Partners that offer co-branded services, sell or distribute our products, or engage in joint marketing activities.
Publicly-available sources, including data in the public domain.
Advertising Partners when you engage with our advertisements and take actions on our site.
INFORMATION WE COLLECT AUTOMATICALLY
We automatically collect information about your use of our Website and App through cookies, web beacons, and other technologies, including technologies designed for mobile apps. We combine this information with other information we collect about you as well as use this information to identify you across your multiple devices. Please see the section Our Use of Cookies and Other Tracking Mechanisms below for more information.
Website:
Domain name.
Your browser type and operating system.
Web pages you view; links you click; your IP address.
The length of time you visit our Website and or use our Services.
The referring URL or the webpage that led you to our Website.
App:
Location information. With your permission, we will collect location information from your mobile device to help you locate the nearest BodyTone location and to send you push notifications, such as promotional notices when you are near a studio. You may turn off this feature through the location settings on your mobile device.
Calendar. With your permission, we may access your mobile device's calendar to help you keep track of your upcoming classes.
Automatically Collected In-Studio Information.
Our studios are monitored 24 hours a day by closed circuit television. We use this information predominantly for loss prevention and safety purposes. We may share this information as permitted by law to protect our rights and interests, the rights and interests of others, and as otherwise permitted by law.
B. HOW WE USE YOUR INFORMATIONWe collect and use information for the following business and commercial purposes described below, and in accordance with the practices described in this Policy:
To provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Website and App.
For marketing and promotional purposes. For example, as permitted by applicable law, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you, including information about products and services from other entities. We also may use the information that we learn about you to assist us in advertising our services on websites and social networking sites owned and operated by other entities.To send you push notifications (you may opt-out through the settings in your device).To better understand how users access and use our Website and App, both on an aggregated and individualized basis.
To evaluate, improve, or modify our Website, App, and Services, including our services offered in our studios.
For research and analytical purposes.
To administer customer loyalty programs.
To administer surveys and questionnaires.
To comply with applicable legal obligations, including responding to a subpoena or court order.For other business related purposes, including, for example, in the context of merger, acquisition, sale/purchase of assets, or bankruptcy.
To protect us and others.
To fulfill any other business or commercial purposes at your direction or with your notice and/or consent.
Notwithstanding the above, we may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.
C. HOW WE SHARE YOUR INFORMATIONWe may share your information as follows:
AFFILIATES
We disclose the information we collect from you to our affiliates or subsidiaries, including for business purposes such as customer support, marketing, and technical operations.
SERVICE PROVIDERS
We may disclose the information we collect from you to service providers, contractors or agents who perform functions on our behalf. For example, we share your information, both on an individual basis or in the aggregate, with our service providers to assist us in advertising our products and services and to assist us in determining relevant advertising. These service providers may include entities that assist us and other companies with communicating with you and serving advertisements to you, including advertisements on websites and social media platforms owned and operated by other entities, as well as through push notifications and email. Please see Social Media and Technologies Integrations for additional information about Website and App advertising. We also share information in the following circumstances:
VENDORS
We share information with vendors for business and commercial purposes, including analytics and advertising technology companies. Vendors may act as our service providers, or in certain contexts, independently decide how to process your information.
PARTNERS
We may disclose the information we collect from you with our partners, including for their own direct marketing purposes. For example, we disclose information to our partners in connection with offering co-branded services, selling or distributing products or services, or engaging in joint marketing activities or promotions.
BUSINESS TRANSFERS
If we are acquired by or merged with another company, if some or all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
IN RESPONSE TO LEGAL PROCESS
We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
TO PROTECT US AND OTHERS
We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms and Conditions or of this Policy, or as evidence in litigation in which BodyTone is involved.
WITH YOUR CONSENT OR AT YOUR REQUEST
We may disclose the information we collect from you with your consent or to facilitate your requests.
D. OUR USE OF COOKIES AND OTHER TRACKING MECHANISMSWe and our service providers use cookies and other tracking mechanisms to automatically collect information about your use of our Website and our App. We may combine this information with other information we collect from you (and our service providers may do so on our behalf).
COOKIES
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Website and our App, while others are used to enable a faster log-in process or to allow us to track your activities at our Website or our App.
DISABLING COOKIES
Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Website who disable cookies will be able to browse certain areas of the Website, but some features including our schedule and booking system may not function.
CLEAR GIFS, PIXEL TAGS AND OTHER TECHNOLOGIES
Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs, or pixel tags), in connection with our Website and our App to, among other things, track the activities of our Website visitors and App users, help us manage content, and compile statistics about Website and App usage. We and our service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded. We also use SDKs to, among other things, track our conversions, associate with your account how you use our Website and our App when you are not logged in to the account, and bring you advertising both on and off our Website and our App.
ANALYTICS
We use automated devices and applications, such as Google Analytics, to evaluate usage of our Website and, to the extent permitted, our App. We also use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance, and user experiences. These entities use cookies and other tracking technologies to perform their services.
E. SOCIAL MEDIA AND TECHNOLOGIES INTEGRATIONSWe use other entities such as network advertisers and social media networks, including Facebook, to serve advertisements on websites or other media (e.g., social networking platforms) operated or controlled by other entities. This enables us and these other entities to target advertisements to you for products and services in which you might be interested. Other entities such as ad network providers, advertisers, sponsors and/or traffic measurement services use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These cookies and other technologies are governed by each entity’s specific privacy policy, not this one. We may provide these advertisers with information, including personal information, about you to assist us with this advertising.We also offer content through social media. Any information you provide to us when you engage with our content (such as through our studio page) is treated by BodyTone Studio in accordance with this Policy. Also, if you publicly reference our Services on social media, (such as using a hashtag associated with BodyTone in a tweet or post), we may use your reference on or in connection with our Services. Users in the United States may opt out of many ad networks, including those we work with on our Website and App. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative ("NAI") Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies' delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Website or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA's website at www.aboutads.info or the NAI's website at www.networkadvertising.org.
F. LINKS TO OTHER WEBSITES, PLATFORMS, AND SERVICESOur Website and App may contain links to websites platforms, and other services not operated or controlled by us. Any access to and use of such linked websites, platforms, and services is not governed by this Policy, but instead is governed by the privacy policies of those websites, platforms, and services. We are not responsible for the information practices of such websites, platforms, or services.
G. SECURITY OF MY PERSONAL INFORMATIONWe have implemented precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite these measures, no data security measures can guarantee security.You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
H. ACCESS TO MY PERSONAL INFORMATIONYou may modify personal information that you have submitted by logging into your account and updating your profile information.
I. WHAT CHOICES DO I HAVE REGARDING PROMOTIONAL EMAILS?We may send periodic promotional emails to you. You may opt-out of our promotional communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us.
J. TEXTS AND CALLSWe may offer you the ability to receive texts and calls in connection with our services. If you opt-in to receive texts and calls, you agree that BodyTone may send you reoccurring texts and calls to the phone number you provide for transactional and marketing purposes in accordance with the terms of your opt-in. You can opt-out of receiving texts or calls to your phone number at any time by (i) for texts, texting "STOP" in response to any text you receive from us or contacting us at hello@bodytonestudio.com and specifying you want to opt-out of texts to your phone number; and (ii) for calls, requesting opt-out during any call you receive from us or contacting us as at hello@bodytonestudio.com and specifying you want to opt-out of calls to your phone number. You understand that your consent is not required as a condition of purchase. Standard message, data, and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Not all phones and/or carriers are supported. Contact your carrier for further details. Additional terms may apply as set out in the terms of your opt-in.
K. CONTACT USIf you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at hello@bodytonestudio.com.This Privacy Policy has been designed to be accessible to people with disabilities. If you experience any difficulties accessing the information here, please contact us at hello@bodytonestudio.com.
L. CHANGES TO THIS POLICYThis Policy is current as of the Effective Date set forth above. We may change this Policy at any time, so please be sure to check back periodically. We will post any changes to this Policy on our Website. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Website.
M. ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTSThese additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.
1. NOTICE OF COLLECTIONAlthough the information we collect is described in greater detail in “The Information We Collection About You” above (Section A), the categories of personal information that we have collected in the past 12 months – as described by the CCPA – are:Identifiers, including name, email address, and IP address.Customer records, phone number, billing and shipping address, and credit or debit card information.Demographics, such as your age or gender. This category includes data that may qualify as protected classifications under other California or federal laws.Commercial information, including purchases and engagement with our Services.Internet activity, including your interactions with our Services.Audio or visual sensory data, including pictures or videos you post on our Services and closed circuit monitoring of our studios. Geolocation data, including location enabled services such as WiFi and GPS.Employment and education data, including information you provide when you apply for a job with us.Inferences, including information about your interests, preferences and favorites.For more detail on the information we collect and when, including the sources we receive information from, please review The Information We Collect About You above. In the past 12 months, we have collected and used information from all of the above categories for the business purposes described in the How We Use Your Information section, including to provide and manage our Services. BodyTone Studio does not knowingly sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those disclosed in the Analytics, Social Media and Technologies Integrations, Our Use of Cookies and Other Tracking Mechanisms, and Customer Matching sections as a “sale,” we will comply with applicable law as to such activity.
2. RIGHT TO KNOW AND DELETECalifornia residents have the right to delete the personal information we have collected from you and the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us: The categories of personal information we have collected about you;The categories of sources from which the personal information was collected;The categories of personal information about you we disclosed for a business purpose or sold;The categories of third parties to whom the personal information was disclosed for a business purpose or sold;The business or commercial purpose for collecting or selling the personal information; andThe specific pieces of personal information we have collected about you.To exercise any of these rights, please submit a request through our online form available here. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific account information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.
3. RIGHT TO OPT-OUTBodyTone Studio does not knowingly sell your personal information. To the extent BodyTone Studio sells your personal information as the term "sell" is defined under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by contacting us via email.
4. AUTHORIZED AGENTYou can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and will verify your identity directly.
5. RIGHT TO NON-DISCRIMINATIONYou have the right not to receive discriminatory treatment by us for the exercise of any your rights.
6. CHILDRENWe collect and maintain information on studio users who are minors under the age of 16. We do not knowingly sell personal information of minors under 16 years old, however, to the extent we knowingly “sell,” as that term is defined under the CCPA, the personal information of minors under 16 years old who are California residents, we either obtain prior affirmative authorization from such minor to the opt-in to the sale of the minor’s personal information or obtain affirmative authorization from the minor’s parent or guardian. A minor, or parent/guardian, who has opted in to the sale of the minor’s personal information has the right to opt-out at any time. To exercise your right to opt-out see the Right to Opt-Out section above.
7. SHINE THE LIGHTCalifornia's "Shine the Light" law permits customers who reside in California to request, once per year, disclosure regarding how we share certain of their information with third parties and affiliates for those third parties' and affiliates' own direct marketing purposes.We do not share personal information as defined by "Shine the Light" with third parties and/or our affiliates for such third parties' and affiliates' own direct marketing purposes.
.png)
