Effective Date of Current Policy: March 23, 2020
1. INFORMATION WE COLLECT ABOUT YOU
A Sculpt Body collects Personal Information from its current, prospective, and former subscribers.
We collect and use several types of information from and about you, including:
- Personal information, that we can reasonably use to directly or indirectly identify you, such as your name, address, e-mail address, telephone number, Internet protocol (IP) address used to connect your computer to the Internet, user name or other similar identifier, billing and account information and any other identifier we may use to contact you online or offline (“Personal Information“).
- Non-personal information, that does not directly or indirectly reveal your identity or directly relate to an identified individual, such as, demographic information, or statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from Personal Information. For example, we may aggregate Personal Information to calculate the percentage of users accessing a specific Site or Service feature.
- Technical information, including your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, or information about your internet connection, the equipment you use to access our Site or Services, and usage details.
- Non-personal details about your Site interactions, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Site (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any phone number used to call our customer service number.
2. HOW WE COLLECT INFORMATION ABOUT YOU
We collect information about you in the following ways:
You may provide Personal Information directly to us through the following interactions with us:
- Subscription. When you subscribe to our Services, we may collect Personal Information. Unless we tell you otherwise at the time of your purchase, we do not collect, store or maintain your payment information.
- Communications. We may collect Personal Information when you choose to request information about our Services, sign up to receive A Sculpt Body communication over email/newsletter, participate in promotions, or request to receive customer support.
- Surveys and Reviews. We may contact you to participate in surveys or beta testing or provide reviews and testimonials, which is voluntary.
- Registration for Contests/Giveaways. A Sculpt Body may run contests or giveaways. If you participate, your contact information may be used to reach you and for other marketing or business purposes.
- Workout Information. Wey may also collect other information from you such as the total number of online workouts done, the dates you did those workouts, purchase history, fitness and health related information.
- Location Information. We may collect your Internet protocol (IP) address, GPS location, city, county, postal code and region, and your location.
- Automatic Data Collection. We may collect certain information automatically such as your IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet.
- Voice and Likeness. We may capture your visual image, likeness and voice recording (e.g., via photographs and/or video) if you participate in live online classes or call our member support team.
- Information Submitted Via Services. You agree that A Sculpt Body is free to use the content of any communications you submit by you via the Services, including any ideas, recommendations, or concepts to improve the Services.
- Information from Other Sources. We may receive information about you from Third-Party organizations, such as a Social Media Site (“SMS”) such as Facebook or Instagram. We may collect public information about you from that Third-Party organization, such as name, username, location, sex, birth date, email, profile picture and your contacts on the SMS.
3. HOW A SCULPT BODY USES YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any Personal Information:
- To Provide Products, Services or Information Requested:
- Generally manage your a Sculpt Body account
- Respond to questions and comments
- Provide access to certain areas and features of our Services
- Monitor your fitness and health related statistics and usage trends
- Contact you to answer requests for customer support
- Allow you to register for classes and events.
- For Administrative Purposes:
- Measure interest in A Sculpt Body Services
- Develop new Services
- Verify your identity
- Communicate about your accounts and activities on A Sculpt Body’s Services and systems, and changes to any A Sculpt Body policy
- Send emails to the email address you provide to us to verify your account
- Process payment(s) for Services purchased
- Prevent potentially prohibited or illegal activities
- Enforce our Terms.
- For Marketing Services (by phone, text, social media, mail, or email):
- To tailor content, advertisements and offers
- To notify you about offers and services
- To provide Services to you
- For other purposes
- Otherwise with your consent.
- To Conduct Research: Surveys, all of which are voluntary
- For Direct Mail, Email, Text, Social Media Marketing. To provide you with emails, newsletters, mailings or phone calls from us with information on A Sculpt Body’s products and services or upcoming special offers/events we believe you may be interested in.
- For Sharing Content with Friends. We may implement a referral service, where you share certain content with a friend to use our Services.
4. COOKIES, PIXEL TAGS, AND ANALYTICS INFORMATION
- Details of your visits to our Site and Services, including traffic data, location data, logs, andother communication data and the resources that you access and use on our Site.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
We may use technology to automatically collect information through the Services, such as:
- Flash Cookies: Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Site. Flash cookies are not managed by the same browser settings that are used for browser cookies.
- Pixel Tags: A piece of code embedded on the Site that collects information about users’ engagement on that web page, such as clicking on a particular advertisement.
- Social Media: The Site includes social media features such as links to Facebook, Instagram, Spotify, Twitter, YouTube, TikTok and LinkedIn, which may collect some information
- Analytics: We may also use Google Analytics and Interest Reporting to collect information regarding visitor behavior and demographics
We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). To learn more or to opt-out of tailored advertising please visit Digital Advertising Alliance of Canada Opt-Out Tool for information on how you can opt out of behavioral tracking on this Site and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.
5. THIRD-PARTY WEBSITES AND SOCIAL MEDIA PLATFORMS
The Site may contain links to other websites and other websites may reference or link to the A Sculpt Body Site or other Services. These other domains and websites are not controlled by us, and A Sculpt Body does not endorse or make any representations about Third-Party websites or social media platforms. We encourage you to read the privacy policies of every website with which you interact.
6. THIRD-PARTY PAYMENT PROCESSING
When you make purchases, we Process your payments through our payment processing providers, including Woo Commerce, Stripe and PayPal. In these instances, the Third-Party application may collect certain your payment information from you to Process a payment on behalf of A Sculpt Body in which case the use and storage of your payment information is governed by the Third-Party’s terms and privacy policies.
7. INFORMATION WE MAY DISCLOSE
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
- Vendors and Service Providers for IT services, payment processing, and customer service, who are prohibited from sharing your information.
- Displaying to Other Users, such as a review on a video. We are not responsible for privacy practices of the other users who view and use the posted information.
- To advertisers and advertising networks that require the information to select and serve relevant advertisements to you and others. We do not disclose data about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 400 women between 30 and 45 have clicked on their advertisement on a specific day). We may also use such aggregate information to help advertisers target a specific audience (for example, men in a specific location). We may make use of the Personal Information we have collected from you to enable us to display our advertisers’ advertisement to that target audience.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- To our subsidiaries and affiliates.
- In accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our customers and users is among the assets transferred.
- With your consent.
We may also disclose your Personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of A Sculpt Body, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
8. INTERNATIONAL DATA TRANSFERS
You agree that all Personal Information collected via or by A Sculpt Body may be transferred, Processed and stored in the United States, Canada, in the cloud, on our servers, or the servers of our service providers. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your Personal Information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this policy and applicable Canadian privacy legislation
9. WITHDRAWING YOUR CONSENT
Where you have provided your consent to the collection, use, and transfer of your Personal Information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at [email protected] Please note that if you withdraw your consent we may not be able to provide you with a particular product or service.
10. ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION
It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes. By law you have the right to request access to and to correct the Personal Information that we hold about you.
You can review and change your Personal Information by logging into the Site and visiting your account dashboard.
If you want to review, verify, correct, or withdraw consent to the use of your Personal Information you may also send us an email at [email protected] to request access to, correct, or delete any Personal Information that you have provided to us. We cannot delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may charge you a fee to access your Personal Information, however, we will notify you of any fee in advance.
We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the Personal Information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the Personal Information that we hold about you, or we may have destroyed, erased, or made your Personal Information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your Personal Information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
We will provide access to your Personal Information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions include:
- Information protected by solicitor-client privilege.
- Information that is part of a formal dispute resolution process.
- Information that is about another individual that would reveal their Personal Information or confidential commercial information.
- Information that is prohibitively expensive to provide.
If you are concerned about our response or would like to correct the information provided, you may contact our Privacy Compliance Officer at [email protected].
11. DATA RETENTION
12. CHILDREN’S PRIVACY
Our Site is not intended for children under 13 years of age. No one under age 13 may provide any Personal Information to or on the Site. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on our Site or on or through any of its features, make any purchases through our Site, use any of the interactive or public comment features of our Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information.
13. INFORMATION SECURITY
The security of your Personal Information is very important to us. We use reasonable physical, electronic, and administrative measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. We store all information you provide to us behind firewalls on our secure servers. Any payment transactions and Personal Information will be encrypted using SSL technology.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site or Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of our Site like message boards, which any Site visitor can view.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Site. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.
CONTACT INFORMATION AND CHALLENGING COMPLIANCE
We have procedures in place to receive and respond to complaints or inquiries about our handling of Personal Information, our compliance with this policy, and with applicable privacy laws. To discuss our compliance with this please contact our Privacy Compliance Officer using the contact information listed.
- “Process” or “Processing” means any operation done on Personal Information manually or automatically, such as collecting, recording, organizing, structuring, storing, altering, retrieving, using, disclosing, disseminating, combining, restricting, erasing, or destroying.
- “Third-Party” is any company, natural or legal person, public authority, agency, or body other than the you or A Sculpt Body.
- “Social Media” includes Facebook, Instagram, Spotify Twitter, YouTube, TikTok and LinkedIn, and any other current and future social media platforms.