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How We Collect and Use Information
We collect the following types of information about you:
Information you provide us directly:
We ask for certain information such as your username, real name, birthdate, address, phone number and e-mail address when you register for a pilolates account, or if you correspond with us. We may also retain any messages you send through the Service, and may collect information you provide in User Content you post to the Service. We use this information to operate, maintain, and provide to you the features and functionality of the Service. Your username and if you choose to disclose it, your real name, will be published publicly. Once published your username and / or real name may not be able to be removed.
Information we may receive from third parties:
We may receive information about you from third parties. For example, if you access our websites or Service through a third-party connection or log-in, for example, through Facebook Connect, by “following,” “liking,” adding the pilolates application, linking your account to the pilolates Service, etc., that third party may pass certain information about your use of its service to pilolates. This information could include, but is not limited to, the user ID associated with your account (for example, your Facebook UID), an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that service. If you allow us access to your friends list, your friends’ user IDs, and your connection to those friends, may be used and stored to make your experience more social, and to allow you to invite your friends to use our Service as well as provide you with updates if and when your friends join pilolates. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the pilolates Service. You may also unlink your third party account from the Service by adjusting your settings on the third party service.
Inviting a friend to use pilolates:
Pilolates may, in its sole discretion, develop a feature that allows you to invite third parties to the Service. If you choose to use our invitation service to invite a third party to the Service through our “Invite friends” feature, you may directly choose a friend to invite through your mobile device’s native contact list – but we do not require that you import your contacts list to the Service, and we do not retain the information contained in your contacts list. You understand that by inviting a friend to pilolates through the “Invite friends” feature, you are directly sending a text or email from your personal accounts and that we are not storing your contact list. In addition, you understand and agree that normal carrier charges apply to communications sent from you phone. Since this invitation is coming directly from your email or phone, we do not have access to or control this communication.
Finding your friends on the Service:
pilolates may, in its sole discretion, develop a feature that allows you to locate your friends with pilolates accounts through a “Find friends” feature. The “Find friends” feature allows you to choose to locate friends either through (i) your contact list, (ii) social media sites (such as Twitter or Facebook) or (iii) through a search of names and usernames on pilolates. If you choose to find your friends through your contact list, then you agree to provide pilolates access to your contact list such that we can perform the search necessary to determine whether or not someone associated with the information you provide is using pilolates. If you choose to find your friends through social media sites, then you understand that the information these sites provide to use to conduct this type of search is governed by their privacy policies and your account settings on those sites. If you choose to find your friends through a search of names or usernames, then simply type a name to search and see if that name or username appears on our Service. Note that we do not retain any information contained in your contacts list, or information from social media sites about your contacts, and we do not use such information for any purpose other than to help you find your friends on pilolates.
We may directly collect analytics data, or use third-party analytics tools and services, to help us measure traffic and usage trends for the Service. These tools collect information sent by your browser or mobile device, including the pages you visit and other information that assists us in improving the Service. We collect and use this analytics information in aggregate form such that it cannot reasonably be manipulated to identify any particular individual user.
Log file information:
Log file information is automatically reported by your browser or mobile device each time you access the Service. When you use our Service, our servers automatically record certain log file information. These server logs may include anonymous information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information.
Clear gifs/web beacons information:
When you use the Service, we may employ clear gifs (also known as web beacons) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened and which links are clicked by recipients. The information is allows for more accurate reporting and improvement of the Service.
When you access the Service by or through a mobile device (including but not limited to smart-phones or tablets), we may access, collect, monitor and/or remotely store one or more “device identifiers,” such as a universally unique identifier (“UUID”). Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by pilolates. A device identifier may convey information to us about how you browse and use the Service. A device identifier may remain persistently on your device, to help you log in faster and enhance your navigation through the Service. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
When you access the Service by or through a mobile device, we may access, collect, monitor and/or remotely store “location data,” which may include GPS coordinates (e.g. latitude and/or longitude) or similar information regarding the location of your mobile device. Location data may convey to us information about how you browse and use the Service. Some features of the Service, particularly location-based services, may not function properly if use or availability of location data is impaired or disabled.
Commercial and marketing communications:
We use the information we collect or receive, such as your email address, to communicate directly with you. We may send you emails containing newsletters, promotions, and special offers. If you do not want to receive such email messages, you will be given the option to opt out or change your preferences. We also use your information to send you Service-related emails (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). You may not opt out of Service-related emails. You may also be able to be “found” on pilolates based on information that you provide (see “Find friends on pilolates”) above.
Use of certain service type information we collect about you:
Sharing of Your Information
We will not rent or sell your information into third parties outside pilolates and its group companies (including any parent, subsidiaries and affiliates) without your consent, except as noted below:
● Who can see User Content: Any User Content that you voluntarily disclose for posting to the Service becomes available to the public and cannot be removed, except by pilolates in its sole discretion. Once posted on pilolates, User Content may not be removable from public view, as copies may remain viewable in cached and archived pages of the Service, on other sites that have republished us, or if other Users have copied or saved that information. If you do not wish your User Content to be available to the public, please don’t post it on pilolates. Your username and if you choose to disclose it, your real name, will be published publicly. Once published your username and / or real name may not be able to be removed.
● Who can see your IP address: If you post User Content on the Service while not logged in, your IP address will be published with your User Content in order to attribute your contribution to the Service. A selection of Trusted Users with administrative powers on pilolates have the ability to review IP addresses of users to reduce abusive behavior. Any third party service embedded on pilolates such as an advertiser, video provider, social network or other third party will also have access to your IP address.
● Who can see your email address: If you enter an email address, you will enable communication from pilolates and other Users. If you reply to users or participate in group pilolates activities such as meetups, your email address will be shared with these users. In addition, some email addresses such as firstname.lastname@example.org forward to a group of Trusted Users, who will use your email address to reply to the email.
What happens in the event of a change of control:
We may buy or sell/divest/transfer the company (including any shares in the company), or any combination of its products, services, assets and/or businesses. Your information such as customer names and email addresses, User Content and other user information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of the company.
Instances where we are required to share your information:
Sharing certain service type information we collect about you:
We may share certain service type information, including information obtained through tools such as cookies, log files, device identifiers, location data and clear gifs (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.): (i) with our third-party business partners for the purposes described in the section above on “How We Collect and Use Information.” We may also aggregate or otherwise strip data of all personally identifying characteristics and may share that aggregated, anonymized data with third parties.
Ads on pilolates:
For example, Google uses DART cookies in order to deliver ads to you through the Service. Google’s use of the DART cookie enables it and its partners to serve ads to you based on your visit to the Service and previous websites that you may have visited. Other advertising networks also use similar cookies, clear gifs, or other mechanisms to deliver targeted advertising to you through the Service. You can delete these cookies by following the instructions here: http://www.pilolates.com/Clear-Your-Browser%27s-Cookies . You may opt out of use of Google’s DART cookie and cookies placed by Network Advertising Initiative (NAI) certified ad networks here: http://www.networkadvertising.org/managing/opt_out.asp . Opting out of these cookies will be effective not only on the Service, but on all websites with NAI certified advertising networks. However, these opt-outs will be ineffective on networks that are not NAI certified.
Please note that an advertiser may ask pilolates to show an ad to a certain audience of Users (e.g., based on demographics or other interests). In that situation, pilolates or our Partners determines the target audience and pilolates serves the advertising to that audience and only provides anonymous data to the advertiser. If you respond to such an ad, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach.
To enhance your user experience or help us improve and measure our effectiveness, pilolates may embed code from third parties on the Service. Examples of such parties may include Facebook, Twitter, Pinterest, Google, YouTube, Howcast, VideoJug, AOL, and others. These third parties may collect information about you including IP address, cookies in ways pilolates does not control.
How We Store and Protect Your Information
Storage and Processing:
Keeping your information safe:
pilolates cares about the security of your information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from pilolates, at all times. However, pilolates cannot ensure or warrant the security of any information you transmit to pilolates or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed. Your privacy settings may also be affected by changes to the functionality of third party sites and services that you add to the pilolates Service, such as social networks. pilolates is not responsible for the functionality or security measures of any third party.
Compromise of information:
In the event that any information under our control is compromised as a result of a breach of security, pilolates will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Your Choices about Your Information
You control your account information and settings: You may update your account information and email-communication preferences at any time by logging in to your account and changing your profile settings. You can also stop receiving promotional email communications from us simply requesting it by email to email@example.com.
We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at firstname.lastname@example.org.
Opting out of collection of your information for Tracking / Advertising:
Please refer to your mobile device or browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. Depending on your type of device, it may not be possible to delete or disable tracking mechanisms on your mobile device. Note that disabling cookies and/or other tracking tools prevents pilolates or its business partners from tracking your browser’s activities in relation to the Service, and for use in targeted advertising activities by third parties. However, doing so may disable many of the features available through the Service. If you have any questions about opting out of the collection of cookies and other tracking/recording tools, you can contact us directly at email@example.com.
How long we keep your private profile information:
Following termination of your User account, pilolates may retain your private profile information for a commercially reasonable time for backup, archival, or audit purposes. For the avoidance of doubt, any information that you choose to make public on the service may not be removable.
pilolates does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org.
Links to Other Websites and Services
Terms & Condition Agreement Effective Date – August 22 2015
This Terms and Conditions Agreement (the “Agreement”) is between you and Lola de La Bavière M.Mengedoht., doing business as piLolates.
Acceptance of Terms
The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sites and Services constitutes your agreement to all such terms, conditions, and notices.
The services provided by the Sites (pilates, bodywork, detox) are made available for your personal, non-commercial use only. You may not use the Services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales. If you want to make commercial use of our Services, you must enter into an agreement and do so in advance. Please contact us for more information.
Use of the Service
You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor before participating in any exercise activity.
You voluntarily assume any and all risks, known or unknown, associated with your use of the Services. You acknowledge that Your Participation may present certain risks, and hereby assume any and all risks associated therewith, including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by the Released Parties.
Notwithstanding the foregoing, you hereby agree to voluntarily accept and assume any and all such risks as well as any risks not mentioned herein that are in any way associated with Your Participation. You agree that by participating in physical exercise or training activities you do so entirely at your own risk.
You expressly agree to release and discharge Lola de La Bavière M Mengedoht and each of her respective parents, subsidiaries, related and affiliated companies, licensees, sponsors, successors, assigns and the directors, officers, employees, agents contractors, partners, shareholders, representatives and members of the foregoing entities or other persons affiliated with the Sites from any and all claims or causes of action and you agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Released Parties for personal injury or property loss.
piLolates reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Services.
The Sites are not directed at children under eighteen years of age, and by providing information about yourself to piLolates you are representing that you are eighteen years of age or older and that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on our Sites and (b) maintain and promptly update your information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, piLolates reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time.
No Sharing of Account Information
You agree that you will not share your username and password with others. Excessive usage of the Sites will be assumed by piLolates to be fraudulent use and your account will be immediately cancelled without a refund.
Links To Third Party Websites
The Sites may contain links to other websites (the “Linked Sites”). The Linked Sites are not under the control of piLolates and piLolates is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. piLolates is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by piLolates of the site or any association with its operators.
No Unlawful or Prohibited Use
As a condition of your use of the Sites you will not use the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites in any manner that could damage, disable, overburden, or impair the Sites or interfere with any other party’s use and enjoyment of the Sites.
You may not send automated queries of any sort to the Sites without express permission in advance from piLolates. Similarly, you are not allowed to copy, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of, or modify the Sites in any manner.
The Sites contain copyrighted material owned by piLolates. You may not obtain or attempt to obtain any copyrighted materials or information through any means not intentionally made available or provided for through the Sites.
Trademarks, Names and Logos
All trademarks, names and logos used on the Sites or delivered via the Services are either owned by piLolates or a use right has been granted to piLolates. Your use of the Services and Sites does not allow you to infringe those rights or the rights of the third parties that may exist in material contained in the Sites. No license is expressly impliedly granted within or as a result of your use of the Sites or Services. Without the prior permission of piLolates, except in the utilization of our widgets or mobile applications, you agree not to display or use in any manner, any of the trademarks, names and logo featured on the Sites for which you do not have personal rights.
Use of Communication Services
The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
* Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
* Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
* Advertise or offer to sell or buy any goods or services for any business purpose.
* Conduct or forward surveys, contests, pyramid schemes or chain letters.
* Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
* Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
* Restrict or inhibit any other user from using and enjoying the Communication Services.
* Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
* Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
* Violate any applicable laws or regulations.
piLolates has no obligation to monitor the Communication Services. However, piLolates reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. piLolates reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
piLolates reserves the right at all times, in its sole discretion, to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials Provided To piLolates Or Posted On The Sites
piLolates does not claim ownership of the materials you provide to piLolates (including feedback and suggestions) or post, upload, input or submit to the Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting piLolates permission to use your Submission in connection with the operation of their business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. piLolates is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in piLolates’ sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PILOLATES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME. ADVICE RECEIVED VIA THE SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
PILOLATES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PILOLATES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF PILOLATES FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Termination and Access Restriction
piLolates reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice.