WEBSITE PRIVACY POLICY
Your privacy is very important to us.
Our Privacy Policy spells out our commitment to respecting the privacy of visitors to our site. We are very careful with what we do with your information.
This website, https://www.peabodypilates.com, (“Website”) is owned and operated by Claire Zimmer LLC/Pea Body Pilates (“Company,” “we”, “our”). By accessing or using this Website, you agree to this Privacy Policy.
If you do not agree with our policies and practices, your choice is not to use our Website.
This Privacy Policy describes how we collect and use the personal information you provide to us
on our Website. It also applies to information we collect on this Website, as well as in email, text, and other electronic messages between you and this Website. It does not apply to information collected by us offline or through any other means, including on any other
website operated by Company or any third party.
We may update this Privacy Policy to reflect changes to our information practices. If we make
any material changes, we will notify you by email or by means of a notice on this Website prior to the change becoming effective. We encourage you to periodically review this policy for the latest information on our privacy practices.
1. Collection and Use of Personal Information
We collect personal information from you to provide a customized experience on our website.
To opt out of data collection, contact us at hello@peabodypilates.com
Browsing
To ensure proper use of the Website, we automatically gather information about your computer such as your IP address, time and date of visit, browser type, referring/exit pages and operating system.
To ensure proper use of the Website, we collect the following personal information from you:
· IP address
· Time and date of visit
· Browser and operating system information
· Referring/exit pages
We may log this information for system administration, order verification, internal marketing, and system troubleshooting purposes.
We may also use this information:
• To present our Website and its contents to you
• To provide you with information, products, or services
• To fulfill any other purpose for which you provide it
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
• To notify you about changes to our Website
The data collected will be stored in the database until the expiration of the limitation period for claims under the Terms of Use.
Orders
To process your orders, we collect the following personal information from you:
· Contact Information such as name, email address, mailing address and phone number
· Billing Information such as credit card number and billing address
· Preferences Information such as order history and email marketing preferences
The data provided in the order form will be stored in the database until the expiration of the limitation period for claims under the concluded contract. Each order is recorded in the database as a separate item.
Payment for the order is made via STRIPE and/or PAYPAL The data collection for payment is done entirely via a third-party service.
Servers
To provide use of the Website via the server on which the Website is hosted, we collect the following personal information from you:
· IP address
· Server date and time
· Browser and operating system information
This data is stored on the server until the expiration of the limitation period for claims under the concluded contract. This data is not used by the Company to identify anyone.
User Accounts
To provide a user account, we collect the following personal information from you:
· Contact Information such as name, email address, mailing address and phone number
The data provided in the account form will be stored in the database until the expiration of the limitation period for claims under the concluded contract. You can modify data included in your account at any time using the options available after logging in to your account. You can delete your account at any time, which will also result in the removal of your personal data from the database.
Contact Forms
To fulfill your contact form requests, we collect the personal information contained in the contact form. The data provided in the account form will be stored in the database until the expiration of the limitation period for claims under the concluded contract.
2. Mobile Services
We may also collect non-personal information from your mobile device if you access the Website from your phone. Examples of information that may be collected and used include your geographic location, how you use the mobile site, and type of device. The data collected will be stored in the database until the expiration of the limitation period for claims under the Terms of Use.
3. Email Communications
We may use your email to deliver our daily newsletter, as well as for other promotional purposes.
Email messages we send you may contain code that enables our database to track your usage of the emails, including whether the email was opened and what links (if any) were clicked. The data collected will be stored in the database until the expiration of the limitation period for claims under the Terms of Use.
You may indicate your preference to opt out of receiving promotional communications by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly at hello@peabodypilates.com.
You acknowledge that it may take up to 10 days for us to process an opt-out request.
Please note that you cannot opt out of receiving transactional emails related to your account with us.
4. Cookies and Other Tracking Technologies
We use cookies to ensure proper functionality of the website and for the following purposes:
Keeping track of your preferences
Operation of the cart and the ordering process
Providing a user account
Recording the acceptance of the Terms of Use
Providing support
Tracking website statistics, such as number of visitors, type of operating system and web browser used, time spent on the website, visited subpages, etc.
The data collected will be stored in the database until the expiration of the limitation period for claims under the Terms of Use.
For this purpose, we may use a third-party website. The use of third-party services involves the implementation of the tracking code provided by the third-party service into our website’s code. This code is based on cookies but may also use other tracking technologies. In this regard, collected information is completely anonymous and does not allow your identification.
You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website.
5. Information Sharing
We will share your personal information with third parties only in the ways that are described in this privacy statement.
We do not sell your personal information to third parties and we do not authorize the collection of our visitors' personally identifiable information by any third parties for the third parties' use.
We may also disclose your personal information:
• To our subsidiaries and affiliates
• To contractors, service providers, and other third parties we use to support our business
• 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 Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred
• To fulfill the purpose for which you provide it
• For any other purpose disclosed by us when you provide the information
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request
• To enforce or apply our terms of use and other agreements, including for billing and collection purposes
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others
6. Personal Data
The Administrator of your personal data is CLAIRE ZIMMER LLC, SAN FRANCISCO, CA, USA. EIN 92-3988841
You have the following rights concerning our processing of your personal data:
The right to request access to your personal data as well as its rectification, removal or restriction of processing
The right to object to the processing
The right to transfer data
The right to withdraw consent for the processing of personal data for a specific purpose
The right to bring a complaint to the supervisory authority in connection with the processing of personal data
We may refuse to exercise certain rights from those indicated above in a situation where the implementation of a given right would be in conflict with the legitimate purpose of the data we process. For example, we may refuse to delete personal data specified in your order until the expiration of the limitation period for claims under the concluded contract.
We entrust the processing of personal data to the following entities:
SQUARESPACE - in order to operate the website
ZENLER– to host course content
FLODESK - in order to provide an email newsletter
PAYPAL/STRIPE - in order to process order payment
META - to interact with you online
In connection with the use of these third-party entities, personal data may be transferred to another country.
7. Security
We follow generally accepted industry standards to protect the personal information submitted to
us, both during transmission and once we receive it. However, no method of transmission over
the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its
absolute security. In the event of a data breach, you will be notified within 72 hours.
8. A Note About Children
We do not intentionally gather personal information from visitors under the age of 13.
If a child under 13 submits personal information to us and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at hello@peabodypilates.com
9. Contact Information
You can contact us about this Privacy Policy by emailing us at hello@peabodypilates.com
CALIFORNIA PRIVACY POLICY
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of CLAIRE ZIMMER LLC/PEA BODY PILATES to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to hello@peabodypilates.com.
Pursuant to California Civil Code Section 1798.83(c)(2), members of CLAIRE ZIMMER LLC/PEA BODY PILATES do not share your personal information with other member companies or others outside CLAIRE ZIMMER LLC/PEA BODY PILATES for those parties’ direct marketing use unless you elect that we do so. For more information about our privacy and data collection policies, you may wish to review our privacy policy.
If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to hello@peabodypilates.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.
E-COMMERCE POLICIES
1. Order Acceptance You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Company and you will not take place unless and until you have received your order confirmation email.
2. Prices and Payment Terms
All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are at our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment for the purchase, (iii) charges incurred by you will be honored by your payment institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
3. Shipping Policies
N/a
4. Final Sale; Returns; Exchanges
All courses/programs have a 7-day, 100% money-back guarantee policy beginning on purchase date (day 1). You must email hello@peabodypilates.com to request a return within the 7 day window. Requests made after 7 days will not be accepted. There are no refunds offered for private or duet sessions. Sessions may be rescheduled or canceled at least 24 hours prior to start of scheduled session. In the event that the client does not show up without 24 hours notice, the session is forfeited.
5. Not for Resale
You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale.
6. Disclaimer of Warranties
WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE SITE, OR ANY CONTENT OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AND COMPLIMENTARY SHIPPING FEES AT OUR SOLE DISCRETION. NO PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT, OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
7. Digital Materials
In accordance with the terms herein, and in consideration for digital purchases made from the Site, Company grants to You, and You accept from Company, a non-exclusive and non-transferable license (the "License") to use the current version of our digital materials (“Digital Materials”). Digital Materials includes any purchased ebooks, online courses, templates, photos, or other digitally available materials. You agree to use and access the Digital Materials solely for Your own personal educational purposes. You have no implied rights to the License of Digital Materials. Except as is otherwise expressly permitted in this Agreement, the use of the Digital Materials is restricted so no one may do any of the following or aid anyone in such endeavor: (a) Sublicense, sell, lease, or rent the Digital Materials; (b) Decompile, disassemble, reverse engineer or attempt to derive the source code from or structure of the Digital Materials; (c) Create a derivative work that is based on any portion of the Digital Materials; (d) Rewrite any portion of the Digital Materials or use any portion of the Digital Materials in connection with creating any work that is similar in function, content or appearance to any portion of the Digital Materials; (e) Remove any proprietary notice from the Digital Materials; (f) Copy, reproduce, distribute, or in any way duplicate all or any part of the Digital Materials; (g) export or re-export the Digital Materials or any portion thereof in violation of the export control laws or regulations of the United States; (h) engage in, facilitate, or further any unlawful conduct; and/or (i) damage, disable, overburden, or impair any Company Website (or the networks connected to any Company Website) or interfere with anyone else's ability to access or use the Digital Materials.