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GOVERNING LAW AND VENUE. These Terms, your access to and use of the Application and your order, receipt and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California.
These Terms, your access to and use of the Application and your order, receipt and use of the Services shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California.
BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APPLICATION OR WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE APPLICATION OR WEBSITE. THE COMPANY REQUIRES ALL USERS TO UNDERTAKE TO ABIDE BY THE PRIVACY POLICY AND THESE TERMS & CONDITIONS.
Kinetic Pilates LLC. has the discretion to update this privacy policy at any time. When we do, we will revise the updated date. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
We are a data Processor and Collector. We process data received from our application, and services and take proportionate precaution in storing such personal information for short periods on our secure servers until permanently destroyed.
HOW WE USE COLLECTED PERSONAL INFORMATION
Kinetic Pilates LLC. collects and use user personal information for the following purposes:
We use the email address to send User information and updates pertaining to their order. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.INFORMATION WE COLLECT
Our Service collects personal information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (”personal information”). In particular, our Platform has collected the following categories of personal information from its consumers within the last twelve (12) months:
We obtains the categories of personal information listed above from the following categories of sources:
We do not sell, trade, or rent Users’ personal information to others. We do not use thirdparty service providers to help us to operate our business and the App or administer activities on our behalf, such as sending out newsletters or surveys.
We do not sell, trade, or rent Users’ personal information to others. We do not use thirdparty service providers to help us to operate our business and the App or administer activities on our behalf, such as sending out newsletters or surveys.
We do not sell, trade, or rent Users’ personal information to others. We do not use thirdparty service providers to help us to operate our business and the App or administer activities on our behalf, such as sending out newsletters or surveys.
We do not sell, trade, or rent Users’ personal information to others. We do not use thirdparty service providers to help us to operate our business and the App or administer activities on our behalf, such as sending out newsletters or surveys.
Financial transactions relating to our application and services will be handled by our
payment services providers. We will share transaction data with our payment services
providers only to the extent necessary for the purposes of processing your payments,
refunding such payments and dealing with complaints and queries relating to such
payments and refunds.
We will disclose your personal data to any member of our group of companies, this
means our subsidiaries, our ultimate holding company and all its subsidiaries insofar as
reasonably necessary for the purposes, and on the legal bases, set out in this policy.
We will disclose your inquiry data to one or more of those selected third-party suppliers
of services via APIs identified on our application for the purpose of enabling them to
connect your account with their Services. Each such third party will act as a data
controller in relation to the inquiry data that we supply to it. Each such third party will
supply to you a copy of its own privacy policy, which will govern that third party's use of
your personal data.
When you engage in certain activities via the Company Service, including but not limited to creating an account, sending feedback, or otherwise participating in the Company Service (collectively, “Identification Activities”), we will ask you to provide certain information about yourself. We also collect the following:
If you elect to use our service we will ask you to provide us with certain personal
information about yourself, such as your name, address (including zip code), email
address, credit card information, telephone number and/or any other information you
provide to us, to process your transaction, send communications about them to you,
and populate forms for future transactions. We may also ask you to provide us with
additional information, such as credit card information for future paid features. If you do
not provide mandatory information for an Identification Activity, you will not be permitted
to engage in that Identification Activity with the Company Service.
Non-Personally Identifiable Information. Non-Personally Identifiable Information is
information that does not identify a specific person. We use Non-Personally Identifiable
Information to troubleshoot, administer the Company Service, analyze trends, gather
demographic information, comply with applicable law, and cooperate with law
enforcement activities. We will also share this information with our authorized ThirdParty Service Providers to measure the overall effectiveness of our products and
services.
You may choose to provide personal information to our service or other third parties who are not our suppliers. Please use caution when doing so. The privacy policies and customs of these third parties determine what is done with your personal information.
In order to provide our services, we use third-party platforms and tools, such as those provided by Stripe, and Google among other providers. Please be aware that such platforms are governed by their own terms, policies and personal data collection practices and policies. Accordingly, by acknowledging your consent to this Policy, you are also acknowledging the applicable terms and conditions of such third-party platforms, which provide functionalities that include aggregated statistics. Upon the case of any discrepancy or conflict among this Policy and the terms of them, the terms of the latter entities will govern.
Our data retention policies and procedure are designed to help ensure that we comply
with our legal obligations in relation to the retention and deletion of personal data.
Personal data that we process for any purpose or purposes shall be kept until such time
as we receive a request for deletion from you. This time period shall not exceed three
(3) months.
Notwithstanding the other provisions, we will retain your personal data where such
retention is necessary for compliance with a legal obligation to which we are subject, or
in order to protect your vital interests or the vital interests of another natural person.
Your principal rights under data protection law are:
• The right to access; • The right to rectification; • The right to erasure; • The right to restrict processing; • The right to object to processing; • The right to data portability; • The right to complain to a supervisory authority; and • The right to withdraw consent.
You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by visiting your profile when logged in.
You have the right to have any inaccurate personal data about you rectified and, taking
into account the purposes of the processing, to have any incomplete personal data
about you completed.
You have the right to object to our processing of your personal data for direct marketing
purposes (including profiling for direct marketing purposes). If you make such an
objection, we will cease to process your personal data for this purpose.
You have the right to object to our processing of your personal data for scientific or
historical research purposes or statistical purposes on grounds relating to your
particular situation, unless the processing is necessary for the performance of a task
carried out for reasons of public interest.
To the extent that the legal basis for our processing of your personal data is:
If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection.
If you are visiting the Services from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your Personal Data will at all times continue to be governed by this Privacy Policy.
If you have a complaint about Kinetic Pilates LLC.'s privacy practices you should contact us. We will take reasonable steps to work with you to attempt to resolve your complaint in accordance with the “Terms” incorporated with these policies.
If you have a complaint about Kinetic Pilates LLC.'s privacy practices you should contact us. We will take reasonable steps to work with you to attempt to resolve your complaint in accordance with the “Terms” incorporated with these policies.
The GDPR requires Kinetic Pilates LLC. and Servicers using the Service to provide Users with more information about the processing of their Personal Data. The GDPR requires us to tell you about the legal ground we're relying on to process any Personal Data about you. The legal grounds for us processing your Personal Data for the purposes set out above will typically be because:
Under Nevada law, certain Nevada residents may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing us. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
If you are a California resident, the California Consumer Privacy Act (CCPA) may provide you with additional rights regarding the use of your personal information. These rights include:
You can exercise any applicable rights by emailing social@atomicpilates.com or sending a letter to the address below. You may be required to submit proof of your identity and/or address, if we are unable to confirm your identity or cannot verify that you are a California resident. We will try to respond to a verifiable consumer request within 45 days of its receipt.
As Kinetic Pilates LLC. is a global company, we may need to transfer your Personal Data outside of the country from which it was originally provided. This may be intragroup or to third parties that we work with who may be located in jurisdictions outside the EEA, Switzerland and the UK which have no data protection laws or laws that are less strict compared with those in Europe.
If we are subject to a merger or acquisition with/by another company, we may share information with them in accordance with our global privacy standards. Should such an event occur, we will require that the new combined entity follow this privacy notice with respect to your personal information. If we intend to handle your personal information Page 7 of 9 for any purposes not covered in this privacy notice, you will receive prior notification of the processing of your personal information for the new purposes
Consumers may opt-out of notifications and personal information storage at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a
request to us by visiting the following our webpage and sending us a message.
Once you make an opt-out request, we will wait at least six (6) months before asking
you to reauthorize personal information sales. However, you may change your mind and
opt back in to personal information sales at any time by visiting our service and sending
us a message. We will only use personal information provided in an opt-out request to
review and comply with the request.
You can access your Personal Information via the Company Service with your password
and username. If you access your account via a third-party site or service, you may
have additional or different sign-in protections via that third-party site or service. You
need to prevent unauthorized access to your account and Personal Information by
selecting and protecting your password and/or other sign-in mechanism appropriately
and limiting access to your mobile device by signing off after you have finished
accessing your account. Unauthorized entry or use, hardware or software failure, and
other factors, may compromise the security of user personal information at any time.
If we believe that the security of your personal information may have been
compromised, we may seek to notify you of that development. In addition, your
Personal Information resides on a secure server that only selected personnel and
contractors have access to.
We encrypt certain sensitive information using SSL technology to ensure that your
Personally Information is safe as it is transmitted to us. However, no data transmission
can be guaranteed to be 100% secure. As a result, while we employ commercially
reasonable security measures to protect data and seek to partner with companies that
do the same, we cannot guarantee the security of any information transmitted to or from
or via the Company Service, and we are not responsible for the actions of any third
parties that may receive any such information.
If you are a minor, please do not provide us or other service visitors with any personal information and do not use this service. We do not knowingly provide services or sell products to children. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we have any information from or about a child under 18, please contact us at social@atomicpilates.com.
Users will find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by applications or websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services will have their own privacy policies and customer service policies. Interaction on any other application, including applications which have a link to our Site, is subject to that application’s own terms and policies.
To ask questions or comment about this privacy policy and our privacy practices,
contact us at:
Kinetic Pilates, LLC.
social@atomicpilates.co