PRIVACY POLICY

 

Effective Date: December 2024

I - DESCRIPTION OF SERVICE: This Privacy Policy is intended to inform You, the user and client, about the “Personally Identifiable Information” (or “PII” interchangeably) and data gathered by The Collective Studios, LLC, a fitness studio offering group classes and online fitness workouts (“TCS” “Us” or “We” interchangeably) when You use the TCS website, mobile applications, services and other distribution platforms (the “Sites”) in relation to TCS “Services”; how We collect your information; what information We collect; how We store your information; and to the degree your information may be used. PII, as described in United States privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. TCS takes your privacy seriously. We do not rent, sell, or share your personal information with third parties, except as listed and described below.  

Our Sites and associated communications from Us may contain links to third-party sites, which are not subject to this Privacy Policy. We recommend that You read the privacy policy of any such sites that you visit. This Privacy Policy applies only to the Sites, as owned, and operated by TCS. 

CONSENT: By visiting our Sites, You are consenting to the information collection, use, and sharing practices described in this Privacy Policy, as modified from time to time by us. To access certain functionalities of the Sites, You will be required to register by providing certain information. If, for any reason, You do not agree with the content of this Privacy Policy, please stop using the Services and Sites. 

WHAT THIS PRIVACY POLICY DOES NOT ADDRESS: This Privacy Policy does not address the data management process and policies of, and information usage policies of, other sites and/or integrations of which the Sites may be linked to, or on which a TCS service utilizes. Furthermore, this Privacy Policy does not address the data management practices and policies of, and information usage policies of other sites to which the Site may link or integrate with, as it relates to those third-party site’s compliance with federal laws and regulations. 

II. DATA COLLECTION & USE: We only collect the personal data that You choose to provide during your registration process. As part of the registration process to use TCS services You need to provide Us with your full name, billing and mailing addresses, email address, phone number, and billing information, including credit card data, MarianaTek account information. All data is stored in the United States. You may elect to not provide any of the above information, but You will then not be able to use TCS Sites, services, or certain features.

CHILDREN’S DATA: The Services are not intended to be used by children/minors, and we do not knowingly collect any personal information about children. If You are the parent or guardian of a child who has provided us with their personal information, You may contact us using the contact details set out below to request that it be deleted. As of the Effective Date of this Privacy Policy, we do not have actual knowledge that we “share” or “sell” (as those terms are defined in applicable law) personal information of individuals under 16 years of age.  

III - INFORMATION AND ANALYTICS WE COLLECT: The information We collect from visitors to our Sites depends on how You choose to interact with us through the Sites. For example, You may browse the Sites without providing personal information; however, using our full range of services involves providing personal information. 

For purposes of this Privacy Policy, “Personal Information” is information that can be used to identify You, such as your name, address, email address, or billing information. When You register with Us and sign into our Sites, You are not anonymous to Us.

We may collect and store certain information about your interaction with TCS website and services, including cookies, IP Addresses, browser type, device type, location, Internet service provider (ISP), entry and exit pages, operating systems, time/date stamps, and other related data. TCS uses this information, only to improve the quality of our Services and products. 

The following is a list of types of information We may collect and ways in which it is collected:

  • Information You Provide. When You sign up for a service that requires registration or payment, We ask you for Personal Information including your name, email address, home address, health history, and any other information You chose to share with Us. We also collect Personal Information You provide when requesting a service, or from an online transaction such as a class, series, or membership purchase; this information may, among other things, reveal details about your preferences. Any PII retrieved by TCS must be voluntarily submitted by You. We typically store and maintain the information collected.

  • User Communications. When You send email or other communications to TCS, We retain those communications to process your request and improve our service.

  • Financial and Transaction Data: We collect financial transaction information such as your payment methods provided to US, and details of other Services You have purchased from Us.

  • User Generated Content: When You post product review or share other user generated content across channels, it will be public and accessible by anyone. 

  • User Communications. When You send emails or other communications to TCS, we retain those communications to process your request and improve our Services.

  • Logged Information: We automatically collect and store some information that You do not actively provide, such as your internet protocol (IP) address, software, and hardware attributes such as your browser type, the date and time of your visit, and the last website you visited prior to visiting the Sites. The information collected by the server does not contain anything that can identify individuals personally, such as email or home address. This information is used to enhance the services We provide to You.

  • Cookies. When You visit the Sites, We send one or more cookies (that is, small text files) to your computer that uniquely identifies your browser. Most browsers are initially set up to accept cookies, but You can change your browser’s settings to refuse all cookies or to indicate when a cookie is being sent. Cookies may contain account information such as your username and password if You opt in to the automatic login option.  Note that if You choose to decline cookies via your browser, You will have some limitations in using TCS services.

  • Other Internet Technology. We may use other technology, such as pixel tags and web beacons, to track use of our Sites. We may also include web beacons in email messages, newsletters, or other communications to determine whether messages have been opened and acted upon.

IV - HOW WE USE THE INFORMATION WE COLLECT: In general, TCS uses PII and other information collected through the Sites to fulfill your requests for services, contact You, customize content, and improve our services. More specifically, We use personal and other information as follows:

  • Provide Services and Complete Orders. Personal and other information is anonymously shared with our selected suppliers, service providers and partner sites in connection with providing services to You. For example, We may provide such information to third parties in connection with operating and maintaining the Sites, fulfilling your requests for Services, processing credit card payments (if applicable), performing business and sales analysis, and offering contests or conducting surveys. 

    • We do NOT provide contact details to other companies for their marketing or mailing list without your express consent. For example, We may run a promotion on the Sites in conjunction with a third party, and your opt-in participation could be contingent on the personal information You provide for this promotion to be shared with both TCS and the third party.

  • Communicate. Use your personal information to communicate with You generally, for example to respond to a query from You, or to provide You with updates or information concerning our services or the services of other companies that We believe You may be interested in. For information regarding opting out of some of these communications, please see “Your Choices” below.

    • For example - If You indicate that you are interested in receiving TCS related news and information, you may receive emails to the email address you provided as part of the registration process.

  • Customization. To customize the content that You see in associated communications. For example, the Sites and associated communications from Us may include information based on personal information or past purchases. 

  • Optimization. For the non-personally identifiable information collected throughout the Sites, aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website, the mobile application, and the overall TCS experience.

  • Improve Usability. We use cookies to improve the quality of our service by storing user preferences and tracking user trends, such as how people use the Sites. We also use other Internet technology, as described above under “Information We Collect.”

  • Complying with the Law: We disclose personal and other information if We have a good-faith belief that the disclosure is reasonably necessary to comply with the law, legal process or an enforceable government request; to enforce applicable terms of use for our services; to detect, prevent or otherwise address illegal activity, fraud, or security issues; or to protect the property or safety of our users, TCS, or the public as required or permitted by law.

  • Business Transaction: We may disclose your PII to third parties in the event (1) We sell or buy business assets, and/or (2) if the hosting platform is acquired by a third-party, at which point We may have to disclose your personal data to the prospective seller or buyer as part of the transaction.

  • Marketing: We may use your personal data to contact You about our latest news, our products, and/or our Services. You will receive marketing communications from Us if You have (1) subscribed to receive marketing communications from Us, or (2) purchased our Services and You have not opted out of receiving that marketing when You provide us with your email address. Note: to unsubscribe from marketing emails You may click the ‘unsubscribe’ link at the bottom of any marketing email

V -  HOW LONG WE KEEP YOUR PERSONAL DATA: We will hold your personal information on our systems only for as long as required to provide You with the services you have requested, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.  We may retain your personal data for a longer period in the event of a complaint or if We reasonably believe there is a prospect of litigation in respect to Our relationship with You. In some circumstances (1) You can ask us to delete your data: see ‘Your Choices below for further information; or (2) 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.

VI. YOUR RIGHTS AND CHOICES: As a user of the Sites, You have the following options:

  • Account Review. If you have an account with Us, You can review, update, and/or correct your account information (such as your name and contact information) online by making the appropriate selections or changes. We make good faith efforts to provide You with access to your personal information and the ability to correct the information if it is inaccurate or to delete it at your request (if it is not required to be retained by law or for legitimate business purposes). We require users to reliably identify themselves and the information they wish to access, correct, or remove before processing these requests, and We may decline to process requests that We believe in good faith are unreasonable or unduly burdensome (such as requests that are repetitive, require disproportionate technical effort, jeopardize the privacy of others, or would be impractical to satisfy).

  • Service Review. You can add, edit, pause, or remove services that You have subscribed to by logging into the Sites.

  • Deactivate Account. You can deactivate your account with Us at any time by making the appropriate selections. If You deactivate your account and later wish to reopen it and again receive services from Us, You may be required to re-enter your account information and re-subscribe to any services you wish to receive. However, if You deactivate your account, We may retain certain information associated with your account for record keeping. Further, We generally do not remove information that You have made publicly available, and information that has already been provided to third parties as described in this Privacy Policy may be retained by those third parties and will be subject to their policies, and not this Privacy Policy.

  • Delete Information. You have the right to request that we delete personal information we maintained about You. 

  • Opt-Out. If We propose to use personal information for any purposes other than those described in this Privacy Policy, We will offer You an effective way to opt out of the use of personal information for those other purposes. We do reserve the right to contact you on matters that We believe in good faith to be urgent or of particular importance even if You opt out from other communications, but these would not include marketing communications. You can exercise that right by contacting us at hello@thecollective-studios.com 

VII - YOUR USERNAME AND PASSWORD

If you use the Sites, You are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password. 

Certain areas of the Sites are restricted and may only be accessed if You are registered with Us and have been issued with or have chosen a username and password. You must not allow any other person to use your username, password or other login details and must treat such information as confidential and must not disclose it to any third party. If You believe or suspect that someone else knows your login details You must contact us as hello@thecollective-studios.com as soon as possible.

You shall not obtain or attempt to obtain unauthorized access to an area of the Sites which is only accessible with a username and password other than that which has been identified as being available to You through the logins. You will not attempt to evade our authentication or security procedures nor assist, encourage or permit any other person to do any of the above things.

We reserve the right to disable any user identification code or password used to access the Sites at any time if in our reasonable opinion You have failed to comply with the terms of this Privacy Policy.

We shall not be liable for any losses You suffer as a result of unauthorized access to your account until such time as You have informed Us of unauthorized use or possible unauthorized use of your login details or of a breach of security at hello@thecollective-studios.com

VIII - EMAIL NOTICES: When You register to use TCS services or by purchasing any products from a vendor using TCS services, your email will automatically be listed in the TCS mailing list. You will receive welcome information, account information, and other marketing related information related to TCS services and the products you viewed and purchased. You may also receive periodic emails from us notifying you of new features, products, titles, and other related information for TCS services.

You may choose to opt out of receiving emails from TCS, but if You choose to do so, You may not receive technical support requests, account updates and notifications, product updates, security updates or updates to the Terms of Services of TCS as well as updates to Privacy Policy of TCS.

IX - BUSINESS TRANSITIONS: In the event TCS goes through a business transition, such as a merger, acquisition by or with another company, including partial or all assets, any personally identifiable information We have on record will likely be transferred with the transition.

X – SECURITY: TCS makes every effort to ensure that all of the transactions that occur on the Sites are secure. All credit card numbers and transactions are encrypted using Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information We process and maintain. For example, We limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Sites. Please be aware that, although We endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

WHAT IS A SECURE CONNECTION?: When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.

Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional ‘s’ stands for ‘secure’ and indicates a secure connection to the TCS website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others.

Depending on your browser, You may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser. 

XI - WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY 

In no event will TCS be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, the App, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by You previously in this agreement even if TCS expressly advised of the possibility of such damage.

All information is provided by TCS on an “as is” basis only. TCS provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.

XII - CHANGES TO OUR PRIVACY POLICY: We may update this Privacy Policy from time to time. As You are a registered TCS user, We will attempt to inform You of any material changes by email. Otherwise, please check back frequently on the website for the latest and most updated privacy policy posted. TCS provides You with the opportunity to review, remove and modify any personal information that You provided previously under the Data Protection Act 1998, please contact Us directly by email to make changes to your personal information. You may also update your personal information by logging into your TCS account and updating your details by clicking your username at the top right of the page then clicking Settings.

XIII - CHILDREN ONLINE PRIVACY PROTECTION ACT (COPPA): TCS complies with Children’s Online Privacy Protection Act. We do not specifically market to children under the age of 13 years old, but We do offer certain material that can be intended for children and teens under the age of 18.  If you are under the age of 18, you can use the Website only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms.  

BY REGISTERING AS A USER OR VISITING THE WEBSITE, YOU REPRESENT TO TCS THAT YOU WILL USE THE WEBSITE ONLY IN CONJUNCTION WITH, AND UNDER THE SUPERVISION OF, YOUR PARENT OR GUARDIAN WHO HAS AGREED TO THE TERMS OF USE. If you do not meet the requirements above you may not use the Website. You represent that the information that you provide about yourself (including your age) as requested in any account information is accurate and complete.

The Website offers many features that do not require a child to provide any personal information. TCS collects only limited personal information from children under the age of 13 (such as their email addresses) to respond to their online requests, or for the purpose of billing through parents, for example. The information is promptly deleted from our system once the communication with the child has taken place. TCS will not collect more detailed information from a child under the age of 13, such as a street address or telephone number, without the express consent of a parent or legal guardian. At times We may ask a child to provide an e-mail address of a parent or legal guardian so we can notify the parent of the child’s participation in certain TCS features, or to seek parental consent for the child to provide personal information to TCS.

Personal information collected from children with parental consent is used solely by TCS, or other related entities that provide technical or other services to TCS. Personal information collected from children with parental consent is not shared with, sold, or transferred to third parties other than those entities.

TCS may offer features or programs that will require parents to provide credit card information as a method of verification of parental consent when children provide personal identifying information, or participate in such features or programs.

TCS will not condition a child’s participation in an activity or site feature on the child’s disclosure of more personal information than is reasonably necessary to participate in an online activity.

Parents or guardians of children under the age of 13 who provide personal information to TCS can correct, update and delete personal information from our database at any time by sending an e-mail to hello@thecollective-studios.com  or by visiting the Web site and editing your account in the “my Account” sections of the site.

NOTE TO PARENTS: Pursuant to 47 U.S.C. Section 230(d), as amended, We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at web sites such as Consumer Search HERE

For more information please see the Children’s Online Protection Privacy Act and/or visit: http://onguardonline.gov/articles/0031-kids-privacy.

XIV - FAIR INFORMATION PRACTICES: To be compliant with the Fair Information Practices we will take the following responsive action, should a data breach occur: We will notify the users via in-site notification within 7 business days.

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

XV - CAN SPAM ACT: The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions

  • Process orders and to send information and updates pertaining to orders.

  • Send you additional information related to your product and/or service

  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:

  • Not use false or misleading subjects or email addresses.

  • Identify the message as an advertisement in some reasonable way.

  • Include the physical address of our business or site headquarters.

  • Monitor third-party email marketing services for compliance, if one is used.

  • Honor opt-out/unsubscribe requests quickly.

  • Allow users to unsubscribe by using the link at the bottom of each email.

XVI - TO UNSUBSCRIBE: If at any time you would like to unsubscribe from receiving future emails, you can email us at: hello@thecollective-studios.com OR follow the instructions at the bottom of each email.

XVII - CHOICE OF LAW: The Sites and your use hereof, are governed by the laws of the State of New Hampshire, without regard to New Hampshire’s choice of law provisions. Any claim arising out of your use of the Sites must be brought in New Hampshire.

XVIII - QUESTIONS OR COMMENTS: If you have any questions or comments about this Privacy Policy or the Sites, please contact us using the contact details in the “Contact Us” section of this Website or via email at hello@thecollective-studios.com .