Privacy Policy 

 

PILATES ON THE POINT PRIVACY POLICY

This is the website of Pilates on the Point.

Our Privacy Policy is meant to help you understand what information we collect, why we collect it, and how you can update, manage, export, and delete your information.

By sharing the Privacy Policy for Pilates on the Point (collectively, ‘we’ or ‘us’), we hope to help you understand how information can create new opportunities for our customers, as well as to reassure you that we respect and honor customer requests to restrict and protect personal information.

By using pilatesonthepoint.com (collectively, ‘Websites’), coming to our office, making a purchase from our catalogs, calling customer service, engaging with us on social media or on our Websites, interacting with us in any way, or utilizing any of our services, you consent to this Privacy Policy.

USER RIGHTS

You may request to: 

  1. Receive confirmation as to whether or not personal information concerning you is being processed, and access your stored personal information, together with supplementary information. 

  2. Receive a copy of personal information you directly volunteer to us in a structured, commonly used and machine-readable format. 

  3. Request rectification of your personal information that is in our control.

  4. Request erasure of your personal information. 

  5. Object to the processing of personal information by us. 

  6. Request to restrict processing of your personal information by us.

  7. Lodge a complaint with a supervisory authority.

However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements. 

If you wish to exercise any of the aforementioned rights, or receive more information, please contact our Data Protection Officer (“DPO”) using these details provided: nancyrpt11@cox.net.

RETENTION

We will retain your personal information for as long as necessary to provide our services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we will keep records containing client personal data, account opening documents, communications and anything else as required by applicable laws and regulations. 

We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.

Processing of your personal information (meaning, any information which may potentially allow your identification with reasonable means; hereinafter "Personal Information") is necessary for the performance of our contractual obligations towards you and providing you with our services, to protect our legitimate interests and for compliance with legal and financial regulatory obligations to which we are subject.


GROUNDS FOR DATA COLLECTION 

When you use the Site, you consent to the collection, storage, use, disclosure and other uses of your Personal Information as described in this Privacy Policy. We encourage our Users to carefully read the Privacy Policy and use it to make informed decisions. 

WHAT INFORMATION WE COLLECT

WHAT PERSONAL DATA DOES PILATES ON THE POINT COLLECT?

The Personal Data collected by Pilates on the Point comprises (A) the personal information we collect from visitors to the Websites and through our sales, marketing, and customer support activities and (B) the personal information we collect on behalf of our customers through the services. This personal information is described in greater detail above in Sections A and B of this Privacy Policy.

PERSONAL INFORMATION

When you make a purchase by calling or on our Websites or otherwise, create an account, participate in a sweepstakes or contest or any other promotion, post a product review, post a comment on our blog or other resources, engage with us on our various social media platforms, answer one of our surveys, provide us with your contact information at a tradeshow, or interact with us in any way, you may choose to give us personal information. This information may include name, contact information, employer, and job title as well as other information provided to us as part of providing customer support services and recorded in support tickets and other related records. Pilates on the Point may also collect and maintain call recordings and chat and email transcripts related to customer service requests we receive with respect to the services. The decision to provide this information is optional. However, if you choose not to provide the requested information, you may not be able to use some or all of the features of our Websites or our services. Likewise, other companies also may forward to us additional personal information (such as, for example, names, mailing addresses and email addresses, as well as demographic and other usage information), when we have news or product offerings that may be of special interest to those individuals. We also may receive personal information through the use of social media websites and services or from other sources.

Pilates on the Point also collects non-personally identifiable information in a form that does not, on its own, permit direct association with any specific individual. For instance, Pilates on the Point may use automated technologies on the Websites, such as cookies, log files, and web beacons, to collect non-personally identifiable information about you. If Pilates on the Point does combine non-personal information with personal information, Pilates on the Point will treat the combined information as personal information for as long as it remains combined.

USAGE AND WEBSITE ACTIVITY INFORMATION

When you visit our Websites, we may collect more information: Your Internet service provider’s address, the name of the website directing you, as well as your clicks and activity on our Websites. This anonymous usage information generally is not associated with your personal information. This tracking data helps us understand how to make our Websites more available and user-friendly to our customers.

We also gather customer information by taking note of the purchases you make. Think of it as a concierge service where customer preferences are remembered for future consideration. By looking at your purchases in context with marketing demographics or with information from companies whose products and services you may be interested in, it helps our buyers and merchandisers continue to seek out products and designs you may find relevant and unique.

SOCIAL MEDIA FEATURES AND WIDGETS

We engage with customers on various social media platforms like Facebook, YouTube, Twitter, Pinterest and Instagram. If you contact us on one of these platforms for customer service or otherwise, we may contact you via direct message. Those communications are governed by this policy as well as the policy of the relevant social media platform.

Certain areas of the Websites include social media features, such as the Facebook “Like” button and widgets, such as the “Share This” button or interactive mini-programs that run on the Websites. These features may collect your IP address, which page you are visiting on the Website, and may set cookies to enable the features to function properly. Such social media features and widgets are either hosted by a third-party or hosted directly on the Website. Your interactions with these features are governed by the privacy policies of the companies providing the features. This Privacy Policy does not cover the information practices of third-party features or widgets. If you have any questions about the personal information collected by those features or widgets, including how they collect and use personal information, you should contact the third-parties directly.

COOKIES AND OTHER TRACKING TECHNOLOGIES

We and our trusted partners use cookies and other technologies in our related services, including when you visit our Site or access our services. 

A "cookie" is a small piece of information that a website assign to your device while you are viewing a website. Cookies are very helpful and can be used for various different purposes. These purposes include allowing you to navigate between pages efficiently, enable automatic activation of certain features, remembering your preferences and making the interaction between you and our Services quicker and easier. Cookies are also used to help ensure that the advertisements you see are relevant to you and your interests and to compile statistical data on your use of our Services. 

The Site uses the following types of cookies:

a. 'session cookies' which are stored only temporarily during a browsing session in order to allow normal use of the system and are deleted from your device when the browser is closed; 

b. 'persistent cookies' which are read only by the Site, saved on your computer for a fixed period and are not deleted when the browser is closed. Such cookies are used where we need to know who you are for repeat visits, for example to allow us to store your preferences for the next sign-in; 

c. 'third party cookies' which are set by other online services who run content on the page you are viewing, for example by third party analytics companies who monitor and analyze our web access.

Cookies do not contain any information that personally identifies you, but Personal Information that we store about you may be linked, by us, to the information stored in and obtained from cookies. You may remove the cookies by following the instructions of your device preferences; however, if you choose to disable cookies, some features of our Site may not operate properly and your online experience may be limited.

We use a tool which is based on the Snowplow Analytics technology to collect information about your use of the Site. The tool collects information such as how often users access the Site, what pages they visit when they do so, etc. the tool does not collect any Personal Information and is only used by our Site hosting and operating service provider to improve their Site and services.

HOW DO WE RECEIVE INFORMATION ABOUT YOU?

We receive your Personal Information from various sources:

  • When you voluntarily provide us your personal details in order to register on our Site;

  • When you use or access our Site in connection with your use of our services;

  • From third party providers, services and public registers (for example, traffic analytics vendors).

HOW WE USE YOUR INFORMATION

Pilates on the Point may use personal information about visitors to the Websites and collected for sales, marketing, and customer support purposes in a number of manners primarily intended to communicate with you, to offer better customer service, and to improve communications, including, but not limited to:

  • Marketing and research purposes;

  • Recording and responding to questions, comments, or concerns you may submit to us;

  • Monitoring, maintaining, and improving the Websites and Pilates on the Point products and services;

  • Responding to and providing customer support services;

  • Analyzing data to improve Pilates on the Point’s products, services, and your experience on our Websites;

  • Statistical, educational, research or commercial use;

    This list is for illustrative purposes only and should not be considered exhaustive.

TESTIMONIALS 

We may post customer testimonials on the Websites which contain personally identifiable information. We will obtain a customer’s consent to post the customer’s name and their testimonial prior to posting the testimonial to the Websites. If you would like your testimonial removed please contact us at nancyrpt11@cox.net.

THIRD PARTY COLLECTION OF INFORMATION

In order to serve you better, we may at times contract with other companies (“Service Providers”) to help us process information and provide other services to us. Pilates on the Point may disclose your personal information to its affiliates and partners and to consultants, service providers, and contractors who Pilates on the Point uses to support its business and operations, such as providers of hosting infrastructure, backup, analytics, application development, order fulfillment, and other services. For instance, their assistance can help us fulfill customer orders, manage, store and enhance customer data, send marketing, run promotions, and provide other services. These third-party service providers may store, access, and process your personal information for the purpose of providing Pilates on the Point with services. Pilates on the Point will not permit third-parties to use your personal information other than to provide services to Pilates on the Point.

ANONYMIZED DATA

Pilates on the Point may anonymize and aggregate certain personal information we collect such that the information no longer identifies or can be linked to a particular customer or an individual data subject, subject to the terms of any applicable customer agreements governing associated services. We may use this data to improve our services and the Websites, analyze trends, publish market research, and for other marketing, research, or statistical purposes, and may disclose such data to third-parties for these purposes

ADVERTISING AND ONLINE TRACKING

We contract with Service Providers to place our banner advertising on other websites. These Service Providers may collect information from us about your visits to our Websites and stores, and your interaction with our products and services. They also may use this information to tailor banner advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, which is technology used by major websites. Regardless of anything contrary in this Privacy Policy, personal information may be shared with our Service Provider and its service providers, including, without limitation, your name, postal address and email address, as well as a record of any transactions you conduct on our Website or offline in order to deliver banner advertisements and other advertising tailored to your interests when you visit certain websites. We may track this information across the different devices you use to access the Websites. Our trusted Service Provider will keep this data anonymous and will not share any personal information with any other third-parties, except as required to provide this service.

You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative ("NAI") and the Digital Advertising Alliance ("DAA"). For more information about this practice by NAI and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites:http://optout.networkadvertising.org/#!/ and http://optout.aboutads.info/#!/.

MARKETING

We may use your Personal Information, such as your name, email address, telephone number, etc. ourselves or by using our third party subcontractors for the purpose of providing you with promotional materials, concerning our services, which we believe may interest you.  

Out of respect to your right to privacy we provide you within such marketing materials with means to decline receiving further marketing offers from us. If you unsubscribe we will remove your email address or telephone number from our marketing distribution lists. 

Please note that even if you have unsubscribed from receiving marketing emails from us, we may send you other types of important e-mail communications without offering you the opportunity to opt out of receiving them. These may include customer service announcements or administrative notices.

PROTECTING MINORS' PRIVACY

We adhere to a strict privacy code regarding children and do not knowingly accept personal information from any child under the age of 13. If it is brought to our attention that we have inadvertently received personal information from a child under 13, we will immediately remove all personal and identifiable information from our records in compliance with the Children’s Online Privacy Protection Act of 1998. In addition, we will not disclose this information to any other companies. California users under the age of 18 may request the removal of their content or information publicly posted on the Website by emailing us at nancyrpt11@cox.net. Please note that most of the user content that appears on our Website is stored and controlled by third-party providers; thus, complete and comprehensive removal of the content may not be possible.

BE CAREFUL WHEN YOU SHARE INFORMATION WITH OTHERS

Please be aware that whenever you share information on a publicly available area of our Websites, such as in a product review, that information may be accessed by others. In addition, please remember that when you share information in any other communications with third-parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.

LINKS TO SITES AND SERVICES

At times, we provide links our customers may be interested in, including links to social media sites such as, for example, Facebook, Twitter or Pinterest. We are not responsible for these websites, which have their own privacy policies and privacy practices to which you may be subject. When visiting our presence on social media or other tools, you will be subject to those websites’ privacy policies. If you visit our Websites through a link from another website, you may be subject to that website’s privacy policy as well. If you choose to explore these websites and services, we suggest that you carefully review their individual privacy policies.

COMPLIANCE WITH LAWS AND LAW ENFORCEMENT

We cooperate with government and law-enforcement officials and private parties to enforce and comply with the law. We may disclose personal information and any other information about you to government or law-enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas); to protect our safety, property or rights or those of any third-party; to prevent or stop any illegal, unethical or legally actionable activity; or to comply with the law.

INFORMATION SECURITY

We take our customers’ personal information seriously and take steps to protect our customers’ personal information against loss, misuse, alteration and unauthorized access. We use encryption technology whenever receiving and transferring your payment information on our Websites.

ABOUT SSL CERTIFICATES

When you make a purchase online, either a solid key or a locked padlock icon will appear in the browser. This icon indicates that your transaction session is secured through Secure Sockets Layer (SSL). If one of these icons does not appear, please contact us at 949-489-2700 to complete your purchase.

YOUR RESPONSIBILITIES

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You are responsible for all activities that occur under your account or password. As a result, it is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a computer that others may have access to.

PROCESSING IN THE UNITED STATES

Please be aware that your personal information and communications may be transferred to and maintained on servers or databases located outside your state, province or country. If you are located outside the United States, please be advised that we process and store all information in the United States. The laws in the United States may not be as protective of your privacy as those in your location. By using our Websites or our services, you agree that the collection, use, transfer and disclosure of your personal information and communications will be governed by the applicable laws in the United States.

GDPR

If you are a resident of the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information that can be used to individually identify a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage, and disclosure.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at nancyrpt11@cox.net.

WHAT RIGHTS DO YOU HAVE REGARDING YOUR PERSONAL DATA?

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email nancyrpt11@cox.net. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.

Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by submitting a request to Pilates on the Point at nancyrpt11@cox.net.

Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You should submit your request to nancyrpt11@cox.net.

Erasure: You can request that we erase some or all of your Personal Data from our systems.

Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data if such use or disclosure is necessary to enable you to utilize some or all of our services.

Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.

Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes.

Restriction of Processing: You can ask us to restrict further processing of your Personal Data.

Right to File a Complaint: You have the right to lodge a complaint about Pilates on the Point's practices with respect to your Personal Data with the supervisory authority of your country or EU Member.

JUSTIFICATION FOR PROCESSING YOUR PERSONAL DATA

Pilates on the Point's legal basis for collecting and using your Personal Data will depend on the Personal Data involved and the specific context in which we collect it. Pilates on the Point's processing of your Personal Data is justified on one or more of the following legal bases:

Performance of Contract: The processing is necessary to perform a contract with you or take steps to enter into a contract at your request;

Compliance with Law: The processing is necessary for us to comply with a relevant legal obligation;

Our Legitimate Interests: The processing is in our legitimate interests, subject to your interests and fundamental rights, and notably our legitimate interest in using applicable data to conduct and develop our business activities, such as developing and maintaining relationships with our customers;

With Your Consent: You have consented to the processing (for example, where we are required by local law to rely upon your prior consent for the purposes of direct marketing);

Defend Our Rights; Protect Vital Interests: The processing is necessary to the establishment, exercise, or defense of legal claims or rights or to protect your vital interests or those of another person.

PERSONAL DATA SHARING

We share Personal Data with vendors, third-party service providers, and agents who work on our behalf and provide us with services related to the purposes described in this Privacy Policy. We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested.

We also share information with third-parties when you have given us consent to do so (as indicated at the point such information is collected).

We also share Personal Data when we believe it is necessary to (a) comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies; (b) protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud; and (c) maintain the security of our products and services.

ARBITRATION AGREEMENT & WAIVER OF CERTAIN RIGHTS

You and we agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and we hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and us relating to this Privacy Policy or the Websites (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

UPDATES OR AMENDMENTS TO THIS PRIVACY POLICY

We reserve the right to periodically amend or revise the Privacy Policy; material changes will be effective immediately upon the display of the revised Privacy policy. The last revision will be reflected in the "Last modified" section. Your continued use of the Platform, following the notification of such amendments on our website, constitutes your acknowledgment and consent of such amendments to the Privacy Policy and your agreement to be bound by the terms of such amendments.

QUESTIONS? 

If you have any general questions about the Site or the information we collect about you and how we use it, we will do our best to answer them. Here’s how to contact Pilates on the Point:

Our postal address is

Pilates on the Point
4193 Golden Lantern,
Dana Point, CA 92629

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at (949) 697-6811 or nancyrpt11@cox.net.

Last Modified: March 28, 2018.