Privacy Policy — Elevate Mind Body Studios

CHILD POLICY
In an effort to keep children safe, Elevate Mind Body Studios has the following policies in place, regarding clients 18 and younger.

Fitness Facility: Children under 12 years of age are NOT permitted in our fitness studio or 24-hour Free Weight Facility area. For children 12-14 years of age, parents/guardian MUST be present in the same group exercise class for children to attend. Children 14 years of age and older may attend group exercise classes without a parent or guardian present with parental permission. No one under 18 years of age is permitted to use Elevate’s 24-hour free weight Facility area.

Wellness Facility: Some wellness services can be provided for clients under 18 years of age. Please call us to see what services are available based on your child’s needs and age. Children are welcome to wait quietly in the lobbies of both group exercise and wellness facilities. However, they will not be supervised. Ask us about our Household Membership option if you have youth at home 12 years of age and over that may be interested!

Elevate Mind Body Studios Internet Policy

To protect your privacy while you use our site and let you know what types of information we are collecting and how we are using it, we have developed this Privacy Policy. As we update our services and technologies and as we expand or change our offerings, this Privacy Policy may change from time to time, so please check it periodically.

Elevate Mind Body Studios is made up of different legal entities affiliates, partners, licensors, subsidiaries, or related companies. We refer collectively to these entities in this document as the Elevate Mind Body Studios group. This privacy notice is issued on behalf of Elevate Mind Body Studios, so when we mention Elevate Mind Body Studios “we,” “us,” or “our" in this privacy notice, we are referring to the relevant entity in the Elevate Mind Body Studios group responsible for processing your data. [insert name here] is the controller and is responsible for this website. We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, please contact the DPO at www.ElevateMindBodyStudios.com. Individuals may exercise their legal rights by contacting the DPO.

At Elevate Mind Body Studios, we’re committed to protecting your privacy. Federal and various state laws require us to tell you how we collect, use, share, and protect your personal information. These laws also limit how we can use your personal information. Please read this Policy carefully to understand what we do with the personal information we collect.

When you contact us to help you with a question or concern, any personal information you provide is voluntary. We collect and use only the minimum information necessary to respond to your questions and concerns. We may also collect your personal information under other circumstances. In most cases, we collect limited personal information, such as name, address, telephone number, birth date, and/or email address. In limited cases, such as with purchases, we may collect other personal information such as credit card information or certain general health and fitness data relating to exercise classes purchased or geolocation or cookie related data.

KINDS OF PERSONAL INFORMATION WE COLLECT.

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We collect personal information directly from you and indirectly about you as described below. We may collect, use, store, and transfer different kinds of personal data about you which we have grouped into categories as follows:

· Identity data includes first name, maiden name, last name, username, or similar identifier, marital status, title, date of birth, and gender.

· Contact data includes billing address, mailing address, email address, and telephone numbers.

· Financial data includes bank account and payment card details.

· Transaction data includes details about payments to and from you and other details of products and services you have purchased from us.

· Technical data includes internet protocol (IP) address, your login data, browser type, and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

· Profile data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.

· Product Profile includes your health and exercise data, including sleep and nutritional data or other physical patterns or rhythms from your workouts or fitness goals. It may also include information you share about your workouts or fitness goals, such as videos of a workout. We may use information that you share to create a profile of your aspirations, goals, and accomplishments to provide you with suggestions to help you reach the next level in your fitness challenge.

· Usage data includes information about how you use our website, products, and services.

· Marketing and communications data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

· Social Media Application Data includes your public profile information, your social media connections, photos and “likes.”

· Geolocation information may be recorded when you use certain features of our apps, which may be uploaded to your profile when synced with your account.

WHEN DO WE COLLECT PERSONAL INFORMATION?

We may collect information for any legitimate business purpose. Examples of when we might collect your personal information include, but are not necessarily limited to:

When you make a purchase a course or book classes from our website;

When you enter into a contest or promotion or we elect to provide you with marketing and promotional materials;

When you download or access any materials directly from our website;

When you comment on our social media pages; and

When you submit a question or comment to us in any way.

when DO we collect non-personal information from you?

Automated technologies or interactions. As you interact with our website, we may automatically collect technical data about your purchases, browsing actions, and patterns. We collect this personal data by using cookies, server logs, and other similar technologies. We may also receive technical data about you if you visit other websites or use our applications that employ our cookies.

—Cookies. When you visit an Elevate Mind Body Studios site, we may assign your computer one or more cookies to facilitate access and to personalize your experience on that Elevate Mind Body Studios Site. A cookie is a small text file that we place on a User’s computer browser. Through the use of a cookie, we may also automatically collect information about your online activity on an Elevate Mind Body Studios site, such as the web pages you visit and the links you click. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on Elevate Mind Body Studios sites.

—Other technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of Elevate Mind Body Studios sites. Web beacons are tiny graphics that are embedded in the webpage and are used for similar purposes as cookies to track activity. We may also include web beacons in e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer to visitors of Elevate Mind Body Studios sites, to deliver targeted advertisements, and to measure the overall effectiveness of our online advertising, content, programming, or other activities.

—Aggregated data. We may use personal or non-personal data and compile the same to develop a log of aggregated data where you are not personally identified and for certain business purposes to improve our services, marketing or products as needed.

—Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

—Technical data from the following parties:
- —Analytics providers such as Google based outside the US
- —Advertising networks based inside or outside the US
- —Search information providers based inside or outside the US
—Contact, financial, and transaction data from providers of technical, payment, and delivery services based inside or outside the US
—Identity and contact data from data brokers or aggregators based inside or outside the US

—Identity and contact data from publicly available sources based inside or outside the

WHERE DOES YOUR INFORMATION GO?

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data for the following business purposes:

—When we need to perform a contract we are about to enter into or have entered into with you

—For the provision of our products and services or the operation of our business or a third party’s business. All of our employees and contractors are required to follow our data privacy and security policies when handling personal information.

—Where it is necessary for our legitimate interests (or those of a third party), and your interests and fundamental rights do not override those interests.

—When we need to comply with a legal or regulatory obligation.

—Where we need to protect your (or someone else’s) interests.

—Where necessary in connection with the sale, merger, acquisition or other reorganization of our business.

—For marketing purposes.

—By creating an account with us, you agree that we may contact you for marketing purposes by phone, e-mail, mail, or text message, even if your number is on a do-not-call list or is a wireless number.

—To process transactions.

Generally, for those consumers located in the European Union, we do not rely on consent as a legal basis for processing your personal data, other than in relation to sending third-party direct marketing communications to you via e-mail or text message. You have the right to withdraw consent to marketing at any time by contacting us.

California residents, please review the California Privacy Notice for additional disclosures about how we may use your personal information.

HOW LONG DO WE KEEP YOUR DATA?

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. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, whether we can achieve those purposes through other means, and the applicable legal requirements. Details of retention periods for different aspects of your personal data are set out in the table in paragraph four above.

We keep basic information about our customers (including contact, identity, financial, and transaction data) for seven years after they cease being customers, for tax purposes. In some circumstances, you may ask us to delete your data. If we delete your account, your user profile will no longer be visible, and all of the information associated with your account will be permanently deleted. In some circumstances, we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes—in which case, we may use this information indefinitely without further notice to you. You may still receive promotional e-mails from us regarding new [insert name here] products or services.

IF YOU FAIL TO PROVIDE DATA AND OPT OUT OF MARKETING.

Where we need to collect personal data by law, or under the terms of a contract we have with you, if you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences, by following the opt-out links on any marketing message sent to you, or by contacting us with a request at any time. California residents have additional opt out rights, which are explained in this document. When you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product or service purchase, warranty registration, product or service experience, or other transactions.

COOKIES.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

LINKING.

Keep in mind that this website may contain links to websites operated by other parties. We generally have no connection with or control over the content on those external websites, which may have different privacy policies and practices.

QUESTIONS.

Please contact us at info@ElevateMindBodyStudios.com to address an online question, comment, or complaint. Please contact us at christina@ElevateMindBodyStudios.com if you have a privacy related question.

SECURITY.

We use commercially suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect on this site. These procedures include, but are not limited to, firewalls, encryption, intrusion detection, and site monitoring. However, no data protection procedures are entirely infallible. As a result, while we strive to protect your personally identifiable information, we cannot guarantee that it will be 100% secure.

EUROPEAN ECONOMIC AREA VISITORS AND THE PRIVACY SHIELD

We share your personal data within the group. We store the information we collect—including your personal data—in the United States, so if you are accessing an Elevate Mind Body Studios site from another country, your information is being transferred to and from the United States and specifically outside of the European Economic Area (EEA) or Brazil.

We ensure that your personal data is protected by requiring all of all Elevate Mind Body Studios companies to follow the same rules when processing your personal data. These rules are called binding corporate rules. For further details, see European Commission: binding corporate rules. Moreover, sensitive and private data exchanged between an Elevate Mind Body Studios site or application and you happens over an SSL secured communication channel and is encrypted and protected with digital signatures.

We want you to feel confident using Elevate Mind Body Studios sites. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission's website for information about how to protect yourself against identity theft.

It may be that certain processors of information are third parties that are based outside the European Economic Area (EEA), so their processing of your personal data may involve a transfer of data outside of the EEA.

Whenever we transfer your personal data, we ensure a similar degree of protection is afforded to it by ensuring that at least one of the following safeguards is implemented:

—When we use certain service providers, we may use specific contracts approved by the European Commission, which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

—When we use providers based in the U.S., we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the European Union and the U.S. For further details, see European Commission: EU-US Privacy Shield.

Please contact us if you want further information on the specific mechanism we use when transferring your personal data in or out of the EEA.

REVIEW AND CORRECTION OF YOUR INFORMATION.

You may review and edit the information we collect about you at any time by contacting us. If your information has been shared with a third party, as described elsewhere in this Privacy Policy, then that third party has received its own copy of your data. If you have been contacted by one of these third parties and wish to correct or delete your information, please contact them directly.

PRIVACY POLICY UPDATES.

This Privacy Policy was last updated on March 1, 2021. We update the Privacy Policy from time to time, so please review it regularly. Your continued use of the site will be deemed your agreement that your information may be used in accordance with the new policy. If you do not agree with the changes, then you should stop using the site and notify us that you do not want your information used in accordance with the changes.

CALIFORNIA PRIVACY NOTICE

The California Consumer Privacy Act of 2018 (CCPA) requires that business disclose certain additional information about how it collects, uses, discloses and sells the personal data of a California resident. This California Privacy Notice is part of Elevate Mind Body Studios Internet Privacy Notice. This section only applies to California residents. The rights discussed in this section do not extend to individuals who are not California residents.

California Residents’ Rights Under the CCPA

Right to Know/Right to Access General Collection and Use of Personal Information. Under the CCPA, California residents have the right to request that we disclose what information we have collected, used, disclosed, or sold over the past 12 months. Once we receive and confirm your verifiable consumer request for such information, we will disclose to you, based on your specific request:

- The categories of personal information we collected about you over the past 12 months.

- The specific pieces of personal information we have collected about you over the past 12 months.

- The categories of sources from which the personal information is collected over the past 12 months.

- The business or commercial purpose for collecting or selling that personal information over the past 12 months.

- The categories of third parties with whom we shared your personal information over the past 12 months.

- If we disclosed your personal information for a business purpose, the personal information categories that each category of recipients obtained.

- If we sold your personal information for a business purpose, the personal information categories that each category of recipients purchased.

Right to Request Deletion. Under the CCPA, California residents have the right to request that we delete any of your personal information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your personal information from our records, and direct our service providers to do the same, unless an exception applies.

Right to Opt-Out of Sale of Personal Information. Under the CCPA, California residents 16 years old or older have the right to direct businesses that sell personal information to not sell your personal information (the "right to opt-out").

Right to Opt-In to Sales of Personal Information for Minors Under 16. Pursuant to the CCPA, we do not sell the personal information of California residents we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is 13-15 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.

Right to Non-Discrimination. Under the CCPA, California residents have the right not to be discriminated against for having exercised the rights established by the CCPA. We will not discriminate against you for exercising any of your CCPA rights.

We may offer you certain financial incentives permitted by the CCPA, or different prices, rates, levels, or quality of goods or services that are reasonably related to your personal information's value to the business. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. For more information about the CCPA-permitted financial incentives that we offer, see our Notice of Financial Incentive.

HOW CALIFORNIA RESIDENTS MAY EXERCISE THEIR RIGHTS.

Exercising Your Right to Know. For California residents to exercise the right to know/right to access information, you or your authorized agent may submit a verifiable consumer request using the contact information below.

You may only make a verifiable consumer request to know or request for access twice within a 12-month period. The verifiable consumer request must include information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative and describe your request in enough detail that we can properly understand, evaluate, and respond to it.

Upon receiving a request to know, we will confirm receipt within 10 days. If we are able to verify your request, we will make our best effort to respond within forty-five (45) days of our receipt of your request. If we require more time (up to 45 additional days), we will inform you of the reason and extension period in writing. We will not disclose information to you if we cannot verify your identity.

Exercising Your Right to Request Deletion. For California residents to exercise the right to request deletion, you or your authorized agent may submit a verifiable consumer request by using the contact information below. Upon receiving a request to delete, we will confirm receipt within 10 days. If we are able to verify your request, we will make our best effort to respond within forty-five (45) days of our receipt of your request. If we require more time (up to 45 additional days), we will inform you of the reason and extension period in writing. In our response, we will specify the manner in which we have deleted your personal information, in accordance with the CCPA. We will not delete information if we cannot verify your identity.

Exercising Your Right to Opt-Out of Sale of Personal Information.

For California residents to exercise the right to opt-out if we engage in selling your personal information, you or your authorized agent may submit a request to us by contacting us directly at info@ElevateMindBodyStudios.com. We will act upon your request to opt-out within fifteen (15) days of receiving the request. We will instruct the third parties to whom the information has been sold in the 90 days prior to your request not to further sell the information, and we will notify you when this instruction has been completed.

We will not act upon a request from authorized agents if the agent does not submit proof that the agent has been authorized by you to act on your behalf. We will not act upon a request if we believe it is fraudulent. Only you as a California resident, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request to know/request for access, request for deletion, or request to opt-out.

We will not respond to requests to know/requests for access or requests for deletion unless we can verify your identity to a reasonable degree of certainty. To verify your identity, when feasible, we will use information about you that we already have; however, we may need to request additional information, which we will use only for the purposes of verification. We may also use a third-party identity verification service. The information we need to verify your request will depend on the nature and scope of your request. Upon receipt of your request, we will notify you if we need additional information from you to verify your request.

Sale of Personal Information

In some circumstances, we may sell your personal data. We may sell and during the last 12 months we may have sold the following categories of personal data:

-Identifiers: We collect certain identifying information from you including first name, maiden name, last name, username, or similar identifier, marital status, title, date of birth, gender, contact information such as billing address, mailing address, e-mail address, and telephone numbers.

-Customer Records Information: This includes personal information defined by the California customer records law, such as address, telephone number, bank account, credit card number, physical information, and medical information.

-Protected Class Information: If you choose to include it in your profile, we will collect certain of characteristics of protected classifications under California or federal law, such as age, race, marital status, and medical conditions.

-Commercial information: When you make purchases from us, we gather information about your purchasing history, about payments to and from you and other details of products and services you have purchased from us.

-Biometric information: We may collect biometric information from you when you create your product profile or use our Services. This includes your health and exercise data, including sleep and nutritional data or other physical patterns or rhythms from your workouts or fitness goals. We may use information that you share to create a profile of your aspirations, goals and accomplishments to provide you with suggestions to help you reach the next level in your fitness challenge.

-Internet or other electronic network activity information: We collect certain electronic information including internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website. We also collect information about how you use our website, products, and services.

-Geolocation: This information may be recorded when you use certain features of our apps, which may be uploaded to your profile when synced with your account.

-Sensory data: We will collect his information if you choose to share it, such as a video of your workout.

-Inferences: We use the information we collect about you to improve your experience when using our Services. This includes monitoring and complying with your preferences in receiving marketing from us and our third parties and your communication preferences. We also collect information about your social media interactions through our Services, including your public profile information, your social media connections, photos and "likes."

The categories of third parties to whom this information may be or has been sold is:

Internal third parties

Elevate Mind Body Studios may act as a controller of all internal data received associated with the account.

External third parties

—Third parties for marketing purposes, including for analytics and the delivery of targeted advertising.

How We Respond to Do Not Track Signals

We do not respond to Do Not Track signals.

Shine the Light

California Civil Code Section 1798.83 permits users of the Elevate Mind Body Studios sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

Notice at Collection of Personal Information

This Notice at Collection of Personal Information (“Notice at Collection”) is part of Elevate Mind Body Studios Privacy Notice and includes details about the personal information we collect from California residents and the purposes for which that personal information will be used. This Notice at Collection applies solely to California residents. We adopt this Notice at Collection in accordance with the California Consumer Privacy Act of 2018 (“CCPA”).

Personal Information We Collect About You

We collect personal information. In particular, we may collect the following categories of personal information from or about you:

-Geolocation: This information may be recorded when you use certain features of our apps, which may be uploaded to your profile when synced with your account.

-Sensory data: We will collect his information if you choose to share it, such as a video of your workout.

How We Use Your Personal Information

We will only use your personal information in a manner that is consistent with applicable laws. Most commonly, we will use the categories of personal information identified above for the following business purposes:

—When we need to perform a contract we are about to enter into or have entered into with you

—Where it is necessary for our legitimate interests (or those of a third party), and your interests and fundamental rights do not override those interests

—When we need to comply with a legal or regulatory obligation

—Where we need to protect your (or someone else’s) interests

—Where necessary in connection with the sale, merger, acquisition or other reorganization of our business

—For marketing purposes

—To process transactions

We will only use your personal information for the purposes for which we collected it, including where we reasonably consider that we need to use it for a reason that is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you as required by law.

Please note that we may process your personal information without your knowledge or consent where this is required or permitted by law.

Notice of Right to Opt-Out

This Notice of Right to Opt-Out is part of Elevate Mind Body Studios Privacy Notice and includes information about the right of California Consumers to opt-out of the sale of their personal information. This Notice of Right to Opt-Out applies solely to California residents. We adopt this Notice of Right to Opt-Out in accordance with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Notice of Right to Opt-Out.

Right to Opt-Out of Sale of Personal Information

California residents may exercise the right to opt-out of our selling of your personal information by submitting a request to us by sending us an email at info@ElevateMindBodyStudios.com. You may use an authorized agent to submit a request to opt-out on your behalf if you provide the authorized agent written permission to do so. We will not act upon a request from authorized agents if the agent does not submit proof (your written permission) that the agent has been authorized by you to act on your behalf. We will not act upon a request if we believe it is fraudulent.

Notice of Financial Incentive for California Residents

This Notice of Financial Incentive is part of Elevate Mind Body Studios Privacy Notice and includes an explanation of financial incentives we offer California residents. This Notice of Financial Incentive applies solely to California residents. We adopt this Notice of Financial Incentive in accordance with the California Consumer Privacy Act of 2018 (“CCPA”).

From time-to-time, we offer coupons, advance notices of sales and other special offerings and the opportunity to enter into contests and sweepstakes to consumers that have opted-in to the receipt of marketing material from us by providing us with certain personal information, such as an email address.

We may offer discounted pricing for certain products or services in the form of coupons or promo codes. We offer these incentives to encourage consumers to try our products and services or to learn more about our offerings. We offer other incentives based on a consumer’s purchase history or demographic data, such as advance notice of sales. We value the personal information collected in connection with these incentives by determining the approximate additional spending per consumer, per year compared to individuals that do not participate in our incentives.

Participation in our financial incentive programs requires your prior opt-in consent. You can opt-in to participate in the financial incentives described by checking the box when you sign up for an account or otherwise indicating your consent when you request information from us.

You may revoke your consent and withdraw from a financial incentive program at at any time by contacting us at info@ElevateMindBodyStudios.com.