EFFECTIVE DATE: September 13, 2023
Flow State Performance Training, LLC values your privacy. The primary purpose of this Privacy Policy ("Policy") is to describe our collection, use, and disclosure of information we collect about users on our website, www.flowstateperformancetraining.com (our "Website"), and our related Flowstate App - supported by PushPress (collectively for purposes of the Policy the "Services"). Our Website and App are operated by Flow State Performance Training, LLC and any subsidiaries ("FLOWSTATE," "we," "us," or "our"). Also, we briefly describe our practices with regard to our offline collection of information. By visiting or using the Services, or visiting a FLOWSTATE gym, these actions make this Policy available to you, you agree that your information will be handled as described in this Policy. Your use of our Website or App or interacting with us offline, and any dispute over privacy, is subject to this Policy and to our Terms & Conditions, including its applicable limitations on damages and the resolution of disputes. The FLOWSTATE Terms and Conditions are incorporated by reference into this Policy.
Important note about children's privacy: We take children's privacy very seriously. Our Services are not targeted to children, and we will not collect personal information from any users who we know to be under 13 years old, unless we first obtain verifiable parental consent as required by the Children's Online Privacy Protection Act Rule (COPPA). If you believe that we have collected personal information from a child under 13 without parental consent, you may report this to us at privacy@flowsate-pt.com.
A. The Information We Collect About You
We collect information about you directly from you (both online and in gym) and from other sources, as well as automatically through your use of our Website or Services.
Information We Collect Directly From You
We collect information from you when you contact us, register with our Website, engage in the Services, reserve classes, make a purchase, or otherwise interact with our gym staff. The type of information that we collect varies based on your interaction with us and may include: your name, email address, password, and phone number, date of birth, gender, and, if you make a purchase from us, payment information, purchase history, and shipping address. To create an account and participate in one of our classes or programs, we may need emergency contact information. We also may collect information about your workout preferences, such as your physical clothing size preferences or preferred workout material/potential merchandise. If you provide this information directly to one of our staff members, we may associate this information with your account.
You may choose to voluntarily provide other information to us that we do not request, and, in such instances, you are solely responsible for such information.
Information We Collect from Other Sources
We also collect information from other sources. The following are the categories of sources we collect information from:
Information We Collect Automatically
We automatically collect information about your use of our Services through cookies, web beacons, and other technologies, including technologies designed for mobile apps. We combine this information with other information we collect about you as well as use this information to identify you across your multiple devices. Please see section D. Our Use of Cookies and Other Tracking Mechanisms below for more information.
Website:
App:
B. How We Use Your Information
We collect and use information for the following business and commercial purposes described below, and in accordance with the practices described in this Policy:
Notwithstanding the above, we may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.
C. How We Share Your Information
We may share your information as follows:
Affiliates
We may disclose the information we collect from you to our affiliates or subsidiaries, including for business purposes such as customer support, marketing, and technical operations. We may also share information with affiliates for commercial purposes, including their own direct marketing purposes.
Service Providers
We may disclose the information we collect from you to service providers, contractors or agents who perform functions on our behalf. For example, we share your information, both on an individual basis or in the aggregate, with our service providers to assist us in advertising our products and services, performing the functions of the App, and to assist us in determining relevant advertising. These service providers may include entities that assist us and other companies with communicating with you and serving advertisements to you, including advertisements on websites and social media platforms owned and operated by other entities, as well as through push notifications and email. Please see Social Media and Technologies Integrations for additional information about Website advertising.
We also share information in the following circumstances:
Vendors
We share information with vendors for business and commercial purposes, including analytics and advertising technology companies. Vendors may act as our service providers, or in certain contexts, independently decide how to process your information.
Partners
We may disclose the information we collect from you with our partners, including for their own direct marketing purposes. For example, we disclose information to our partners in connection with offering co-branded services, selling or distributing products or services, or engaging in joint marketing activities or promotions.
Business Transfers
If we are acquired by or merged with another company, if some or all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
In Response to Legal Process
We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
To Protect Us and Others
We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms and Conditions or of this Policy, or as evidence in litigation in which FLOWSTATE is involved.
With Your Consent or at Your Request
We may disclose the information we collect from you with your consent or to facilitate your requests.
Aggregate and De-Identified Information
We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.
D. Our Use of Cookies and Other Tracking Mechanisms
We and our service providers use cookies and other tracking mechanisms to automatically collect information about your use of our Website. We may combine this information with other information we collect from you (and our service providers may do so on our behalf).
Cookies
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Website and our App, while others are used to enable a faster log-in process or to allow us to track your activities at our 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 our Website who disable cookies will be able to browse certain areas of the Website, but some features may not function.
Cross Device Use
We use the information that we collect about you (whether directly from you from our Website, the use of Services, or purchase activities, through your device(s), or from another source) to help us identify other devices that you use (e.g., a mobile phone, tablet, other computer, etc.). We may also use the cross-device tracking and other information we learn about you to serve targeted advertising on your devices, to send you push notifications, and to send you emails. To opt-out of cross-device advertising, you may follow the instructions set forth in the Social Media and Technologies Integrations section below. Please note: if you opt-out of these targeted advertising cookies, your opt-out will be specific to the web browser or mobile device from which you accessed the opt-out. If you use multiple devices or browsers, you will need to opt-out each browser or device that you use.
Analytics
We use automated devices and applications, such as Wix and Google Analytics, to evaluate usage of our Website. We also use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance, and user experiences. These entities use cookies and other tracking technologies to perform their services.
Do-Not-Track
There is no industry do-not-track standard; FLOWSTATE has processes in place that are designed to recognize web browser "do-not-track" signals. The Help portion of the toolbar on most browsers will tell you how to use your web browser's do-not-track feature. Please be advised that we cannot guarantee that our processes will capture all such do-not-track signals. You also may disable certain tracking as discussed in this section (e.g., by disabling cookies); you may opt-out of targeted advertising by following the instructions in the Social Media and Technologies Integrations section.
As indicated above, vendors may act as our service providers, or in certain contexts, independently decide how to process your information. We encourage you to familiarize yourself with and consult their privacy policies.
E. Social Media and Technologies Integrations
We use other entities such as network advertisers and social media networks, including Facebook, to serve advertisements on websites or other media (e.g., social networking platforms) operated or controlled by other entities. This enables us and these other entities to target advertisements to you for products and services in which you might be interested. Other entities such as ad network providers, advertisers, sponsors and/or traffic measurement services use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These cookies and other technologies are governed by each entity’s specific privacy policy, not this one. We may provide these advertisers with information, including personal information, about you to assist us with this advertising.
We also offer content through social media. Any information you provide to us when you engage with our content (such as through our brand page) is treated by FLOWSTATE in accordance with this Policy. Also, if you publicly reference our Services on social media (e.g., by using a hashtag associated with FLOWSTATE in a tweet or post), we may use your reference on or in connection with our Services.
Please note that when you interact with other entities, including when you leave our Services, those entities may independently collect information about you and solicit information from you. The information collected and stored by those entities remains subject to their own policies and practices, including what information they share with us, your rights and choices on their services and devices, and whether they store information in the U.S. or elsewhere. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.
Users in the United States may opt out of many ad networks, including those we work with on our Website. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative ("NAI") Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies' delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Website or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA's website at www.aboutads.info or the NAI's website at www.networkadvertising.org.
F. Customer Databases
From time to time we may use audience matching services to serve advertisements targeted to reach people (or people similar to people) who have visited our Services or are identified in one or more of our databases ("Matched Ads"). This is done by us uploading a customer list to a technology service (such as through Facebook Custom Audiences or Google Customer Match) or incorporating a pixel from a technology service on our Services, and the technology service matching common factors between our data and their data. We also work with partners to deliver Matched Ads based on data about you and others in those partners' own databases or match the partner's data against our own customer lists.
G. Links to Other Websites, Platforms, and Services
Our Website or App may contain links to websites, platforms, and other services not operated or controlled by us. Any access to and use of such linked websites, platforms, and services is not governed by this Policy, but instead is governed by the privacy policies of those websites, platforms, and services. We are not responsible for the information practices of such websites, platforms, or services.
H. Security of My Personal Information
We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite these measures, no data security measures can guarantee security.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
I. Access to My Personal Information
You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Website for a period of time.
J. What Choices Do I Have Regarding Promotional Emails?
We may send periodic promotional emails to you. You may opt-out of our promotional communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us.
K. Texts and Calls
For information regarding texts and calls, please see the “Texts and Calls” section of our Terms and Conditions.
L. Changes to this Policy
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Website. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Website.
M. Contact Us
If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at privacy@flowstate-pt.com.
This Privacy Policy has been designed to be accessible to people with disabilities. If you experience any difficulties accessing the information here, please contact us at privacy@flowstate-pt.com.
N. Additional Disclosures for Nevada Residents
Nevada consumers may submit requests directing a business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us at privacy@flowstate-pt.com.
O. Additional Disclosures for California Residents
These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018, and as amended, (“CCPA”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights.
1. Notice of Collection
Although the information we collect is described in greater detail in “The Information We Collect About You” above (Section A), the categories of personal information that we have collected in the past 12 months – as described by the CCPA – are:
For more detail on the information we collect and when, including the sources we receive information from, please review The Information We Collect About You above. In the past 12 months, we have collected and used information from all of the above categories for the business purposes described in the How We Use Your Information section, including to provide and manage our Services.
FLOWSTATE does not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those disclosed in the Analytics, Social Media and Technologies Integrations, Our Use of Cookies and Other Tracking Mechanisms, and Customer Matching sections as a “sale,” we will comply with applicable law as to such activity.
FLOWSTATE discloses the following categories of personal information for commercial purposes: identifiers, demographic information, commercial information, behavioral data, internet activity, geolocation data and inferences. We use and partner with different types of entities to assist with our daily operations and manage our Services. Please review the How We Share Your Information section for more detail about the parties we have shared information with and the purposes underlying those disclosures.
2. Right to Know and Delete
California residents have the right to delete the personal information we have collected from you and the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
To exercise any of these rights, please submit a request to us at privacy@flowstate-pt.com, or make a request at one of our locations. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific account information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.
3. Right to Opt-Out
To the extent FLOWSTATE sells your personal information as the term "sell" is defined under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by contacting us at privacy@flowstate-pt.com. You may also submit a request to opt-out at one of our locations.
4. Authorized Agent
You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and will verify your identity directly.
5. Right to Non-Discrimination
You have the right not to receive discriminatory treatment by us for the exercise of any of your rights.
6. Children
In addition to the Children’s Online Privacy Policy Rule (COPPA) limitations previously noted, we do not collect and maintain information on participants who are minors under the age of 16 without the consent of a parent or guardian. We do not knowingly sell personal information of minors under 16 years old, however, to the extent we knowingly “sell,” as that term is defined under the CCPA, the personal information of minors under 16 years old who are California residents, we either obtain prior affirmative authorization from such minor to the opt-in to the sale of the minor’s personal information or obtain affirmative authorization from the minor’s parent or guardian. A minor, or parent/guardian, who has opted in to the sale of the minor’s personal information has the right to opt-out at any time. To exercise your right to opt-out see the Right to Opt-Out section above.
7. Shine the Light
California's "Shine the Light" law permits customers who reside in California to request, once per year, disclosure regarding how we share certain of their information with third parties and affiliates for those third parties' and affiliates' own direct marketing purposes.
We may share personal information as defined by "Shine the Light" with third parties and/or our affiliates for such third parties' and affiliates' own direct marketing purposes. If this law applies to you and you wish to obtain further information about our sharing, you may make one request each year by mail or by contacting us at privacy@flowstate-pt.com. Requests must state "California Shine the Light Request" in the subject line or first line of the description and also include your name, street address, city, state, and ZIP code. We are not required to respond to requests made by means other than through the provided email or mail addresses.