PRIVACY NOTICE
Effective Date: September 30, 2021
Notice Version: 1.0
Data Controller Contact Information:
Liz Nichols Art
704 Key Hulse Road Signal Mountain, TN 37377
601-842-0947
Our privacy notice governs the privacy practices of our website www.pilatesphere.com. Our privacy notice tells you what personal data and nonpersonal data we collect from you, how we collect them, how we protect them, how we share them, how you can access and change them, and how you can limit our sharing of them. Our privacy notice also explains certain legal rights that you have concerning your personal data. Any capitalized terms not defined herein will have the same meaning as where they are defined elsewhere on our website.
Definitions
‘NONPERSONAL DATA’ (NPD) is information that is in no way personally identifiable.
‘PERSONAL DATA’ (PD) means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified directly or indirectly by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. PD is in many ways the same as Personally Identifiable Information (PII). However, PD is broader in scope and covers more data. (GDPR) means General Data Protection Regulation. (CCPA) means California Consumer Privacy Act. (LGPD) means Brazilian General Data Protection Law.
Topics Covered in Our Privacy Notice
YOUR RIGHTS
INFORMATION WE COLLECT AND HOW WE COLLECT IT
HOW YOUR INFORMATION IS USED AND SHARED
RETAINING AND DESTROYING YOUR PD
UPDATING YOUR PD
PROTECTING THE PRIVACY RIGHTS OF THIRD PARTIES
DO NOT TRACK SETTINGS
LINKS TO OTHER WEBSITES
PROTECTING CHILDREN’S PRIVACY
OUR EMAIL POLICY
OUR SECURITY POLICY
USE OF YOUR CREDIT CARD
CHANGES TO OUR PRIVACY NOTICE
YOUR RIGHTS
Contact us using the information at the top of this privacy notice to exercise any of your legal rights contained within this privacy notice.
Our policy is that we do not sell our users and customers PD except in the sale or merger of our business. See the section about “Disclosures to Successors” in this privacy notice. The provision below is only here because it is required by law that we include it.
You have the right to request that we do not sell any of your personal information.
Personal information for this section means but is not limited to a natural person’s first name or first initial and last name in combination with any one or more of the following data elements when they are not encrypted: social security number, driver’s license number, driver authorization card number, or identification card number. Account number, credit card, or debit card number, in combination with any required security code, access code, or password that would permit access to the person’s financial account. If you wish to make this request, you can email us at [enter email address] telling us that you do not want to have any of your personal information sold. Include enough personal information so that we can reasonably verify your identity. We will respond to your request within 30 days after receiving it.
California Privacy Rights. The CCPA applies to you only if your company does business in the State of California (even if it is located in another state or country) and satisfies one or more of the following thresholds:
(a) has annual gross revenues above twenty-five million dollars ($25,000,000).
(b) alone or in combination annually buys, receives for its commercial purposes, sells, or shares for commercial purposes alone or in combination personal information of 50,000 or more consumers, households, or devices. This threshold can be reached more easily than you think because of the broad definition of personal information by the law including visits to your website. As an example, if your website gets 137 or more visitors a day from Californian consumers, you would meet the threshold (b).
However, it is more complicated than the simple 137 visitor example.
Since “device” means any physical object that is capable of connecting to the Internet, directly or indirectly, or to another device, this may include a large variety of devices that collect and store information whether connected to the Internet or not.
The term “alone or in combination” significantly changes the 50,000 number threshold (b) because you have to consider combinations like adding the number of consumers, devices, and households together.
If only one consumer uses various devices like a cell phone, laptop, tablet, desktop computer, Wi-Fi, social media websites, and other devices, and combines them with the definition of a “household” meaning a person or group of people occupying a single home, could significantly lessen the threshold number of 50,000 consumers to far less, maybe as low as 5,10, or 15 thousand.
(c) derives fifty or more percent of its annual revenue from selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means Californian consumers’ personal information by the business to another business or a third-party for monetary or other valuable consideration.
Optional:
Your Privacy Rights Under the CCPA
Californian consumers have certain rights under the CCPA. For us to comply with some of these rights, we must be able to reasonably verify a consumer’s identity. These rights include:
The right of Californians to know what personal information is being collected about them.
The right of Californians to know whether their personal information is sold or disclosed and to whom.
The right of Californians to say no to the sale of their personal information.
The right of Californians to access their personal information.
The right to data portability. Californians have the right to request their personal information that they provided to us and use them for their own purposes. We will provide Californians their personal information within 30 days of their request.
The right of Californians to the deletion of their personal information.
The right of Californians to equal service, price, and not being discriminated against even if they exercise their privacy rights.
One or more designated means for Californian consumers to submit requests under the CACPA including (at minimum) a toll-free telephone number, and if the business maintains an Internet website, a website address.
The right of Californians to designate an authorized agent to request on their behalf. When designating an authorized agent, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government-issued identification.
Provisions with an asterisk (*) only apply to consumers if the business sells PD about Californian consumers or discloses their personal information for business purposes. If this does not apply to your business, the provisions with an (*) can be deleted.
Personal information includes:
categories of personal information that a business collected about the consumer;
categories of sources from which the personal information was collected;
specific pieces of personal information that the business has collected about consumers;
categories of third parties with whom the business shares personal information;
the business or commercial purpose of collecting or selling personal information
*categories of personal information sold;
*categories of third parties to whom the personal information was sold, by category or categories of personal information sold for each third-party to whom the personal information was sold;
*categories of personal information disclosed for a business purpose;
*categories of personal information that the business sold about the consumer in the preceding 12 months, or a statement that it has not sold any personal information;
*categories of personal information about the consumer that the business disclosed for a business purpose in the preceding 12 months, or a statement that it has not disclosed any personal information for business purposes.
Additional Requirements for Companies Who Sell Personal Information:
A business that sells personal information about a California consumer and that is required to comply with Section 1798.120 of AB No. 375 shall, in a form that is reasonably accessible to consumers:
(1) Provide a clear and conspicuous link on the business’ Internet homepage, titled “Do Not Sell My Personal Information,” to an Internet webpage that enables a consumer, or a person authorized by the consumer, to opt-out of the sale of the consumer’s personal information. A business shall not require a consumer to create an account to direct the business not to sell the consumer’s personal information.
(2) Include a description of a consumer’s rights under Section 1798.120, along with a separate link to the “Do Not Sell My Personal Information” Internet webpage in:
(A) Its online privacy policy or policies if the business has an online privacy policy or policies.
(B) Any California-specific description of consumers’ privacy rights.
(3) Ensure that all individuals responsible for handling consumer inquiries about the business’s privacy practices or the business’s compliance with this title are informed of all requirements in Section 1798.120 and this section and how to direct consumers to exercise their rights under those sections. To learn more about this California privacy law visit
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB375
INFORMATION WE COLLECT AND HOW WE COLLECT IT
Generally, you control the amount and type of information that you provide to us when using our website.
Optional
Google API
By using our website, you are subject to the Google Privacy Policy and Terms of Service.
When collecting and processing user data, including PD from Google APIs, we will follow Google API Services User Data Policy. We also require that our employees, contractors, agents, and successors comply with the Google API Services User Data Policy.
Automatic Information
We automatically receive information from your web browser or mobile device. This information may include the IP address of your computer/the proxy server you use to access the Internet, your Internet service provider’s name, your web browser type, the type of mobile device, your computer operating system, and data about your browsing activity when using our website. We use all this information to analyze trends among our users to help improve our website.
When Entering and Using Our Website
When you enter and use our website and agree to accept cookies, some of these cookies may contain your PD.
Your website may not use all these cookies, you can delete cookies that don’t apply.
Our Use of Cookies
Our website uses cookies. A cookie is a small piece of data or a text file that is downloaded to your computer or mobile device when you access certain websites. Cookies may contain text that can be read by the web server that delivered the cookie to you. The text contained in the cookie generally consists of a sequence of letters and numbers that uniquely identifies your computer or mobile device; it may contain other information as well.
By agreeing to accept our use of cookies you are giving us and the third parties with which we partner permission to place, store, and access some or all the cookies described below on your computer and or mobile device.
Strictly Necessary Cookies - These cookies are necessary for the proper functioning of the website, such as displaying content, logging in, validating your session, responding to your request for services, and other functions. Most web browsers can be set to disable the use of cookies.
Performance Cookies - These cookies collect information about the use of the website, such as pages visited, traffic sources, users’ interests, content management, and other website measurements.
Functional Cookies - These cookies enable the website to remember users’ choices, such as their language, usernames, and other choices while using the website. They can also be used to deliver services, such as letting a user create a blog post, listen to audios, or watch videos on the website.
Media Cookies - These cookies can be used to improve a website’s performance and provide special features and content. They can be placed by us or third parties who provide services to us.
Advertising or Targeting Cookies - These cookies are usually placed and used by advertising companies to develop a profile of your browsing interests and serve advertisements on other websites that are related to your interests. You will see less advertising if you disable these cookies.
Session Cookies - These cookies allow websites to link the actions of a user during a browser session. They may be used for a variety of purposes, such as remembering what a user has put in their shopping cart as they browse a website. Session cookies also permit users to be recognized as they navigate a website so that any item or page changes they make are remembered from page to page. Session cookies expire after a browser session; they are not stored long term.
Persistent Cookies - These cookies are stored on a user’s device between browser sessions, which allows the user’s preferences or actions across a website or across different websites to be remembered. Persistent cookies may be used for several purposes, including remembering users’ choices and preferences when using a website or target advertising to them.
We may also use cookies for:
identifying the areas of our website that you have visited;
personalizing the content that you see on our website;
our website analytics;
remarketing our products or services to you;
remembering your preferences, settings, and login details;
targeted advertising and serving ads relevant to your interests;
affiliate marketing;
allowing you to post comments;
allowing you to share content with social networks.
Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access features on our website correctly or at all.
Web Beacons
We may also use a technology called web beacons to collect general information about your use of our website and your use of special promotions or newsletters. The information we collect by web beacons allows us to statistically monitor the number of people who open our emails. Web beacons also help us to understand the behavior of our customers and users.
At User Registration
When you register as a user, we collect your name and email address.
When Buying Products or Services
If you buy products or services from us, we collect your first and last name, email address, physical address, credit card or other payment information, phone number, and other information listed.
Collecting Information About Your Physical Location
When you use our services, we may collect and process information about your actual physical location. We use several technologies such as GPS and IP tracking to determine your location. These technologies may also give us information about nearby cell towers, Wi-Fi access points, and other devices
Cross-Device Tracking
We use a service that tracks your behavior from device to device. This technology can track your responses from your desktop computer to your laptop, smartphone, and tablet, in any order when using these devices. We use the information we get from this technology to analyze traffic behavior, improve our marketing and advertising.
Website Chat Software or Contact Forms
Our website contains chat software or contact forms that enable visitors to communicate with us live online or offline by email. In some cases, visitors can communicate with us without buying our products and services. When you use our chat software or contact forms, we may collect some or all the following information: your email address, first name, last name, location, and any other information you willingly choose to give us. You should limit the information you give to us to one that is necessary to answer your questions.
Analytics
Our website uses analytics and crash reporting services from several companies to collect information about the use of our website. Analytics collects information such as how often users visit our website, what pages they visit, when they do so, what other websites they used before coming to our website, and their IP addresses. We use the information we get from analytics to improve our services.
Facebook Remarketing
Third parties, including Facebook, may use first-party cookies, third-party cookies, web beacons, and other storage technologies to collect or receive information from our services and elsewhere on the Internet, and use that information to provide measurement services and target ads. With Facebook remarketing, you may see our ads on Facebook after you have used our services. For this to happen Facebook uses unique cookies that are activated and placed in a visitor’s browser when they land on a webpage. To opt-out of Facebook’s collection and use of information for ad targeting visit: https://www.facebook.com/help/568137493302217
Optional: This provision can be used as a general remarketing provision when using companies other than Google, Facebook, AdRoll, and Amazon.
Remarketing
Our website and applications use remarketing advertising services. These remarketing services are provided by companies that show our ads on websites and devices across the Internet. With remarketing you may see ads for our products you have previously looked at. As an example, suppose you visit a website that sells computers, but you do not buy a computer on your first visit to that website. The website’s owner might like to encourage you to revisit their site and buy a computer by showing you their ads on other websites that you visit. We use remarketing for similar purposes. For this to happen remarketing companies will read a cookie in your browser. This can only happen if your browser is set to let it happen. You can opt-out of these types of advertising cookies by visiting http://www.networkadvertising.org/choices.
What Happens If You Don’t Give Us Your PD
If you do not provide us with enough PD, we may not be able to provide you with all our products and services. However, you can access and use some parts of our website without giving us your PD.
HOW YOUR INFORMATION IS USED AND SHARED
We use the information we receive from you to:
provide our products and services you have requested or purchased from us;
personalize and customize our content;
make improvements to our website;
contact you with updates to our website, products, and services;
resolve problems and disputes;
contact you with marketing and advertising that we believe may be of interest to you.
Communications and Emails
When we communicate with you about our website, we will use the email address you provided when you registered as a user or customer. We may also send you emails with promotional information about our website or offers from us or our affiliates unless you have opted out of receiving such information. You can change your contact preferences at any time through your account or by contacting us using the contact information at the top of this privacy notice.
Sharing Information with Third Parties
We do not sell or rent your PD to third parties for marketing purposes. However, for data aggregation purposes we may use your NPD, which might be sold to other parties at our discretion. Any such data aggregation would not contain any of your PD. At times we give your PD to third-party service providers whom we hire to provide services to us. These third-party service providers may include but are not limited to payment processors, web analytics companies, advertising networks, call centers, data management services, help desk providers, accountants, law firms, auditors, shopping cart and email service providers, and shipping companies.
Below we list the categories of business partners that you might share PD with rather than their specific names. You should name the business partners with whom you share PD unless you can prove that it is fair and reasonable to only provide information about the categories of third parties you share PD with rather than their specific names.
Sharing Information With Business Partners
We may share your PD with our business partners. The business partners include general business partners, affiliates, and joint venture partners. We share this information with them so that they can send you information about our products and services as well as their own products and services. When you choose to take part in our services, you are authorizing us to provide your email address and other PD to our business partners. Please understand that when we share your PD with our business partners, your PD becomes subject to our business partners’ as well as our privacy notice.
Sharing Your PD for Lookalike or Similar Audience Marketing
We may share your PD with third parties for similar audience marketing purposes. Similar audience marketing is also called lookalike audience marketing. The third parties we share your PD with for this type of marketing include Facebook and/or Google. Using your PD for similar audience marketing or lookalike audience marketing helps us find new audiences (users and customers) based on similar interests to yours. This helps us improve our marketing services. Your PD is only shared with Facebook and Google for this type of marketing. By using our website and agreeing to our privacy notice you are giving consent for your PD to be used for the marketing purposes described within this section.
Sharing Your Information When You Login Using Social Media Websites
We may share your PD with third parties such as Facebook.com, Twitter.com, YouTube.com, Instagram.com, Google.com, and others. If you sign in to our services through a third-party social networking service or website, your “friends” list from that service or website might be automatically imported to our services. We do not have any control over the privacy notices and business practices of other third-party services or websites.
If you log in to our website using social media websites, you are agreeing to let us use and store your profile information from those websites to make better use of any social media features on our website. This sharing of information helps us provide you with a better experience when using our website and provides us with information such as visitor traffic. If you use any of the social sharing icons on our website to share our information, you may also be sharing your personal information through social media websites.
Text Messaging, SMS, Push Notifications, Telephone Calls, and Email
If you provide an email address, mobile telephone number, or landline telephone number to us, you are giving your express consent and authorize us or a third-party to contact you by using any of these communication methods. You are not required to give us your consent to contact you through these communication methods. However, withholding your consent may interfere or prevent us from providing some or all of our services to you. You can stop receiving emails, text messages, push notifications, and telephone calls at any time by contacting us or using one of our opt-out methods.
Legally Required Releases of Information
We may be legally required to disclose your PD if such disclosure is (a) required by subpoena, law, or other legal processes; (b) necessary to assist law enforcement officials or government enforcement agencies; (c) necessary to investigate violations of or otherwise enforce our terms and conditions; (d) necessary to protect us from legal action or claims from third parties, including you and or other users; or (e) necessary to protect the legal rights, personal and or real property, or the personal safety of our company, users, employees, and affiliates.
Disclosures to Successors
If our business is sold or merges in whole or in part with another business that would become responsible for providing the website to you, we retain the right to transfer your PD to the new business. The new business would retain the right to use your PD according to the terms of this privacy notice as well as to any changes to this privacy notice as instituted by the new business. We also retain the right to transfer your PD if our company files for bankruptcy and some or all of our assets are sold to another individual or business.
Community Discussion Boards, Blogs, or Other Mechanisms
Our website may offer the ability for users to communicate through online community discussion boards, blogs, or other mechanisms. If you choose to post on these discussion mechanisms, you should use care when exposing any PD, as such information is not protected by our privacy notice nor are we liable if you disclose your PD through such postings. Also, PD which you post on our website for publication may be available worldwide on the Internet. We cannot prevent the use or misuse of such information by others.
RETAINING AND DESTROYING YOUR PD
We retain information that we collect from you (including your PD) only for as long as we need it for legal, business, or tax purposes. Your information may be retained in electronic, paper, or a combination of both forms. When your information is no longer needed, we will destroy, delete, or erase it.
UPDATING YOUR PD
You can update your PD using services found on our website. If no such services exist, you can contact us using the contact information found at the top of this privacy notice and we will help you. However, we may keep your PD as needed to enforce our agreements and to comply with any legal obligations.
PROTECTING THE PRIVACY RIGHTS OF THIRD PARTIES
If any postings you make on our Website contain information about third parties, you agree to make sure that you have permission to include that information. While we are not legally liable for the actions of our users, we will remove any postings about which we are notified, if such postings violate the privacy rights of others.
DO NOT TRACK SETTINGS
Some web browsers have settings that enable you to request that our website not track your movement within our website. Our website does not obey such settings when transmitted to and detected by our website. You can turn off tracking features and other security settings in your browser by referring to your browser’s user manual.
LINKS TO OTHER WEBSITES
Our website may contain links to other websites. These websites are not under our control and are not subject to our privacy notice. These websites will likely have their own privacy notices. We have no responsibility for these websites and we provide links to these websites solely for your convenience. You acknowledge that your use of and access to these websites are solely at your risk. It is your responsibility to check the privacy notices of these websites to see how they treat your PD.
PROTECTING CHILDREN’S PRIVACY
Even though our website is not designed for use by anyone under the age of 16, we realize that a child under the age of 16 may attempt to access our website. We do not knowingly collect PD from children under the age of 16. If you are a parent or guardian and believe that your child is using our website, please contact us. Before we remove any information we may ask for proof of identification to prevent malicious removal of account information. If we discover that a child is accessing our website, we will delete his/her information within a reasonable period of time. You acknowledge that we do not verify the age of our users nor have any liability to do so.
OUR EMAIL POLICY
You can always opt-out of receiving email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third-party without your permission except in the sale or transfer of our company, or if our company files for bankruptcy.
OUR SECURITY POLICY
We have built our website using industry-standard security measures and authentication tools to protect the security of your PD. We and the third parties who provide services to us also maintain technical and physical safeguards to protect your PD. Unfortunately, we cannot guarantee the prevention of loss or misuse of your PD or secure data transmission over the Internet because of its nature. We strongly urge you to protect any password you may have for our website and not share it with anyone.
USE OF YOUR CREDIT CARD
You may have to provide a credit card to buy products and services from our website. We use third-party billing services and have no control over them. We use commercially reasonable efforts to ensure that your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.
CHANGES TO OUR PRIVACY NOTICE
We reserve the right to change this privacy notice at any time. If our company decides to change this privacy notice, we will post those changes on our website so that our users and customers are always aware of what information we collect, use, and disclose. If at any time we decide to disclose or use your PD in a method different from that specified at the time it was collected, we will provide advance notice by email sent to the email address on file in your account. Otherwise, we will use and disclose our users’ and customers’ PD in agreement with the privacy notice in effect when the information was collected. In all cases, your continued use of our website, services, and products after any change to this privacy notice will constitute your acceptance of such change. If you have questions about our privacy notice, please contact us through the information at the top of this privacy notice.
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