PRIVACY
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PRIVACY POLICY
This Privacy Policy describes how information obtained from visitors of the www.dv.ontheplanetearth.com website (the “Website”), the Balance Your Life® Client Application (the “Application”), and the BYL® Member Application (the “Member Application”) (the Client Application and Member Application are collectively the “Applications”) is collected, used, and disclosed.
Through the Website and/or the Application(s), Balance Your Life, LLC (“BYL, LLC”) is providing you with information about products and services offered at independently owned and operated BYL® locations, including service sessions, along with (a) the ability to schedule, modify, and/or cancel appointments with any independently service provider and operated BYL® location; (b) provide information to and complete forms with your independently owned and operated BYL® location regarding service sessions; (c) enter into and use benefits under any Client and Member Agreement entered into with your independently owned and operated BYL® location; (d) purchase services at any independently service provider and operated BYL® location; (e) purchase services sessions and product at any independently service provider and operated BYL® location as a guest; (f) view information about and find the independently service provider and operated BYL® location nearest you; (g) request BYL information; (h) complete customer satisfaction surveys about any independently service provider and operated BYL® location.
Please note that this Policy applies to information collected by BYL, LLC and/or independently service provider and operated BYL® locations through the Website and/or Applications. Your use of the Website, Application(s), and/or any information or content provided on any of them, any Service, and/or any service or product provided by or purchased from an independently service provider and operated BYL® location and any dispute over privacy is subject to this Policy and the Terms and Conditions, including its applicable limitations on damages and the resolution of disputes. The Terms and Conditions are incorporated by reference into this Policy.
INFORMATION COLLECTION
BALANCE YOUR LIFE, LLC, THE BYL (“BYL”) IS NOT A PARTY TO ANY MEMBERSHIP AGREEMENTS. AT NO TIME SHALL YOU HAVE A RIGHT TO, NOR SHALL YOU, ASSERT OR BRING ANY CLAIM, DEMAND, OR LEGAL ACTION AGAINST BYL OR ANY OF ITS AFFILIATES RELATING TO YOUR MEMBERSHIP AGREEMENT OR THE SERVICES PROVIDED UNDER THE AGREEMENT. NEITHER BYL NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR (i) ANY OBLIGATIONS OR LIABILITIES RELATING TO OR ARISING FROM YOUR MEMBERSHIP AGREEMENT; (ii) ANY CLAIM BASED ON, IN RESPECT OF, OR BY REASON OF THE RELATIONSHIP BETWEEN YOU AND US; OR (iii) ANY CLAIM BASED UPON ANY ALLEGED UNLAWFUL ACT OR OMISSION BY THE BYL OR ANY INDEPENDENTLY SERVICE PROVIDER AND OPERATED BYL® AT ANY LOCATION.
INFORMATION COLLECTED DIRECTLY FROM YOU
BYL, LLC and/or independently service provider and operated BYL® locations may collect information about you directly from you and from third parties, as well as automatically through your use of the Website, Application(s), and/or Service.
When you use the Website, Application(s), and/or Service, certain areas or features may require you to provide personal information. If you request an appointment at an independently service provier and operated BYL® location, that independently service provider and operated BYL® location collects your name, email address, phone number, etc. (“Personally Identifiable Information” or “PII”), and information about your desired appointment (e.g., your desired date, time, and services). If you make a purchase through the Website, BYL, LLC will collect your payment information, including your PII and billing and shipping information. BYL, LLC also collects information from you when you contact BYL, LLC such as if you request information about an independently service provider and operated BYL® location. When you contact BYL, LLC, BYL, LLC requests your PII, geographic location, and information about the purpose of the contact and collects this information.
If you make a reservation through the Email Application, the independently service provider and operated BYL® location at which you make a reservation will collect your PII and payment information. If you contact an independently service provider and operated BYL® franchised location, that location may also collect information, including your PII. When you contact an independently service provider and operated BYL® location, that location may request your name and other PII, geographic location, and information about the purpose of your contact.
Information collected from third parties:
BYL, LLC and/or independently service povider and operated BYL®locations also may collect information about you from third parties. For example, if someone purchases a gift card through the Website, BYL, LLC may collect the recipient’s and the purchaser’s PII and the purchaser’s payment information.
Information collected automatically:
BYL, LLC may automatically collect the following information about your use of the Website, Application(s), and/or Service through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit the Website, Application(s), and/or use the Service; and the referring URL or the webpage that led you to the Website. BYL, LLC does not link the information that is automatically collected to any PII you submit while on the Website and/or while using the Application(s). Please see the section “Cookies and Other Tracking Mechanisms” below for more information.
HOW YOUR INFORMATION IS USED
BYL, LLC and/or independently service provider and operated BYL®locations may use your information, including your PII, for the following purposes:
To provide the Service to you, to communicate with you about your use of the Service, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
To tailor the content and information that BYL, LLC and/or independently service provider and operated BYL® locations may send or display to you, to offer location customization and personalized help and instructions, and to otherwise personalize your experiences while using the Website, Application(s), and/or the Service.
For marketing and promotional purposes. For example, BYL, LLC and/or independently service provider and operated BYL® locations may use your information, such as your email address and/or cellular phone number, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information that may interest you. BYL, LLC and/or independently service provider and operated BYL® locations also may use the information that is collected from you to assist in advertising the Service on third-party websites.
To better understand how users access and use the Website, Applications, and/or Service, both on an aggregated and individualized basis, in order to improve the Website, Applications, and/or Service and respond to user desires and preferences and for other research and analytical purposes.
To protect the rights and interests of BYL, LLC and/or independently service provider and operated BYL® locations, such as to resolve any disputes, enforce the Terms and Conditions, or to respond to legal process (such as a summons in a lawsuit or subpoena).
SHARING INFORMATION
Neither BYL, LLC nor independently service provider and operated BYL®locations will share your credit card number or any other financial information with any third party except to complete your transaction and to verify your credit card information. BYL, LLC and/or independently service provider and operated BYL® locations may share your personal information with third parties in the following instances:
Legal Disclaimer:
BYL, LLC and/or independently service provider and operated BYL®locations shall disclose PII when required by law or under the good-faith belief that such action is necessary under applicable law. BYL, LLC and/or independently service provider and operated BYL® locations may disclose PII in order to establish or exercise its or their legal rights or defend against legal claims. BYL, LLC and/or independently service provider and operated BYL® locations also may share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, to protect BYL, LLC’s and/or independently service provider and operated BYL® locations’ property or interests or that of their agents and employees, and to protect guests of an independently service provider and operated BYL® location, personal safety, and/or the public.
Aggregate Information (non-personally identifiable):
BYL, LLC and/or independently service provider and operated BYL®locations may share some aggregated demographic information (age, zip codes) with some of their partners. This is not linked to any PII. BYL, LLC and/or independently service provider and operated BYL® locations may use third-party advertising companies to serve ads on its/their behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness.
Third-Party Service Providers:
BYL, LLC and/or independently service provider and operated BYL®locations may disclose information about individual users to third parties who provide services to BYL, LLC and/or independently service provider and operated BYL® locations or have a contractual relationship with BYL, LLC or an independently service provider and operated BYL® location. These third parties provide a variety of services to BYL, LLC and/or independently service provider and operated BYL®locations, including, without limitation, processing and verifying credit card information, tracking internet marketing campaigns, and processing credit card transactions. In addition, these third-party services may include enhancing the information BYL, LLC and/or independently service provider and operated BYL® locations collect about customers of the different locations. BYL, LLC and/or independently service provider and operated BYL® locations may also use third-party email providers to assist with sending marketing emails for BYL, LLC or on behalf of independently service provider and operated BYL® locations. These companies do not retain, share, store, or use PII for any secondary purposes. Any PII that BYL, LLC and/or any independently service provider and operated BYL® location shares with any third-party service provider may only be used to provide services to BYL, LLC and/or independently service provider and operated BYL®locations and the service providers will not be given permission to use such information for other purposes such as contacting guests of an independently service provider and operated BYL® location.
Business Transitions:
In the event BYL, LLC goes through a business transition, such as a merger, an acquisition by another company, or a sale of all or a portion of its assets, PII of users collected by BYL, LLC through the Website and/or Application(s) will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on the Website and Application(s) for 30 days after a transfer of their PII, if PII will be used contrary to this policy. If as a result of the business transition, the users’ PII will be used in a manner different from that stated at the time of collection, users will be given the option to continue to share their information consistent with the notification of changes section on this Website and/or Application(s). As a result of the business transition, you may elect to discontinue the sharing of your PII and such information will not be transferred to the new entity. However, nothing in this Privacy Policy is intended to interfere with the ability of BYL, LLC to transfer all or part of its business and/or assets (including the Website), for any purposes, without any limitation whatsoever. BYL, LLC specifically reserves the right to transfer or share a copy of PII collected from the Website and/or Application(s) to the entity to whom that portion of its business relating to that information is transferred.
In the event an independently service provider and operated BYL®location goes through a business transition, such as a merger, an acquisition by another company, or a sale of all or a portion of its assets, PII of users collected by such independently service provider and operated BYL® location through the Website and/or Application(s) will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on the Website and Application(s) for 30 days after a transfer of their PII if PII will be used contrary to this policy. You hereby acknowledge and agree that the BYL Entities (as defined in the Terms and Conditions) are not responsible for any damages, harm, or violation of law that may arise from the failure of an independently service provider and operated BYL® location to provide this notification to you. If, as a result of the business transition, the users’ PII will be used in a manner different from that stated at the time of collection, users will be given the option to continue to share their information consistent with the notification of changes section on this Website and/or Application(s). As a result of the business transition, you may elect to discontinue the sharing of your PII and such information will not be transferred to the new entity. However, nothing in this Privacy Policy is intended to interfere with the ability of an independently service provider and operated BYL® location to transfer all or part of its business and/or assets, for any purposes, without any limitation whatsoever. Independently service provider and operated BYL® locations specifically reserve the right to transfer or share a copy of PII collected from the Website and/or Application(s) to the entity to whom that portion of its business relating to that information is transferred.
COOKIES AND OTHER TRACKING MECHANISMS:
BYL, LLC, independently service provider and operated BYL® locations, and/or our third-party service providers use cookies and other tracking mechanisms to track information about your use of the Website and/or Service. BYL, LLC and/or independently service provider and operated BYL® locations may combine this information with other PII collected from you (and third-party service providers may do so on behalf of BYL, LLC and/or independently service provider and operated BYL®locations).
Cookies:
Cookies are alphanumeric identifiers that BYL, LLC transfers to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow BYL, LLC to make it easier for you to navigate the Website and Service, while others are used to enable a faster log-in process or to allow BYL, LLC to track your activities at the Website and Service. There are two types of cookies: session and persistent cookies.
Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. BYL, LLC uses session cookies to allow its systems to uniquely identify you during a session or while you are logged into the Website. This allows BYL, LLC to process your online transactions and requests and verify your identity, after you have logged in, as you move through the Website.
Disabling Cookies:
Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to the Website who disable cookies will be able to browse certain areas of the Website, but some features may not function.
SECURITY
BYL, LLC and independently service provider and operated BYL® locations take reasonable precautions to protect users’ information. When users submit information via the Website and/or Application(s), BYL, LLC and independently service provider and operated BYL® locations take steps to protect users’ information both online and off-line.
Although BYL, LLC and independently service provider and operated BYL®locations endeavor to create secure and reliable Websites and Application(s) and to safeguard against unauthorized disclosures of information, neither BYL, LLC nor independently service provider and operated BYL® locations can assure you that PII that BYL, LLC and/or independently service provider and operated BYL® locations collect will never be disclosed in a manner that is inconsistent with this Privacy Policy. You hereby acknowledge and agree that the BYL Entities (as defined in the Terms and Conditions) are not responsible for any intercepted information sent via the internet or through the Application(s), and you hereby release the BYL Entities from any and all claims arising out of or related to the use of any intercepted information in a manner that may violate this Privacy Policy, the law, and/or your personal privacy.
EXTERNAL LINKS
The Website and/or Application(s) may contain links to other websites maintained by third parties. Please be aware that BYL, LLC exercises no control over linked sites and the BYL Entities (as defined in the Terms and Conditions) are not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information. You hereby acknowledge and agree that the BYL Entities (as defined in the Terms and Conditions) are not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release the BYL Entities (as defined in the Terms and Conditions) from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.
CHILDREN UNDER 18
The Service is not designed for children under 18. If BYL, LLC and/or an independently service provider and operated BYL® location discovers that a child under 18 has provided PII to BYL, LLC and/or an independently service provider and operated BYL®location, BYL, LLC and/or the independently service provider and operated BYL® location will delete such information from its/their systems.
You hereby acknowledge and agree that the BYL Entities (as defined in the Terms and Conditions) are not responsible for any PII provided by a child under 18 sent via the Website or through the Application(s) without the BYL Entities’ (as defined in the Terms and Conditions) knowledge, and you hereby release the BYL Entities (as defined in the Terms and Conditions) from any and all claims arising out of or related to the use of any such information in a manner that may violate this Privacy Policy, the law, and/or your personal privacy.
CHANGES IN THIS PRIVACY POLICY
If BYL, LLC decides to change this Privacy Policy, BYL, LLC will post those changes to this page on the Website and other places BYL, LLC deems appropriate so that you are aware of what information BYL, LLC and/or independently service provider and operated BYL® locations collect, how it is used, and under what circumstances, if any, it is disclosed or shared.
BYL, LLC reserves the right to modify this Privacy Policy at any time, so please review it frequently. If BYL, LLC makes material changes to this Policy, BYL, LLC will notify you here, by email at the most recent email address, if any, you provided to us, or by means of a notice on the Website and/or Application(s).
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