Last Updated: November 1, 2018
The Information We Collect
When you visit our Service we may collect information regarding your visit from your computer. Such information helps us to determine information about how you found our Service, the date that you visited our Service and search engines that may have led you to our Service. We collect this information in order to continually improve and enhance the functionality of the Service.
Generally, you may provide us with two types of information, User Content, which may include Personally Identifiable Information, and Website Usage Information, both of which are discussed in greater detail below.
1. Personal Information You Choose to Provide.
a. Sign-Up Information. We’ll ask you to provide certain information if you choose to register with SMBS, including your name, email address, address, telephone number, and other information (collectively “Personally Identifiable Information”).
Do not supply to us or disclose on the Service any Personally Identifiable Information of any person under 13 years of age, as we do not intend to collect information from anyone under 13 or invite to them to participate in the Service. If you are over 13 years of age but under 18 years of age, you are only able to utilize the Service under the supervision of a parent or legal guardian, and we may require the collection of Personally Identifiable Information from your parent (including the parent’s full name, email address, and credit card billing information including mailing address) for you to acquire a Membership Account. If you are over 13 years of age but under 18 years of age, the Service does not condition your participation in an online activity on you providing more information than is reasonably necessary for that activity.
b. Questionnaires and Surveys. We may occasionally ask users of our Service to complete online surveys, questionnaires, and opinion polls about their activities, attitudes, and interests. These surveys help us to better serve you and improve the usefulness and features of the Service. In requesting your participation in these surveys we may ask you to provide your name and email address to us.
c. Contact Us. If you email us through the email address listed on our Service, info@Shiftmindbodysoul.com, we may ask you for information such as your name and email address so we can respond to your questions and comments. If you choose to correspond with us via email, we may retain the content of your email messages, your email address and our response to you. In certain cases, and with your permission, we may post content from your emails to us on the Service.
2. Website Usage Information:
When you visit our Website, our computer may ask your computer for permission to employ the use of a session or persistent cookie. Our Website will then send a cookie to your browser if your browser’s preferences allow it.
Most web browsers can be adjusted to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, our Website or certain areas or features of our Website. You may choose not to receive cookies from the Service by following instructions in your web browser’s “help” file, but this may make certain features of the Service inaccessible to you.
How the Website responds to “Do Not Track Mechanisms” can be found in the Online Tracking Disclosures section.
b. Clear GIFs/Beacons. When visiting our Website, we may also use “Clear GIFs” (aka “web beacons” or “pixel tags”) or similar technologies in our Website and/or in our communications with you. A Clear GIF is typically a one-pixel, transparent image located on a web page or in an e-mail or other type of message, which helps us to verify an individual’s viewing or receipt of a web page or message. Clear GIFs allow us to know whether you have viewed a web page prior to visiting our Website and may enable us to relate such information to other information, including your Personally Identifiable Information. We use information provided from Clear GIFs to enable more accurate reporting, improve the effectiveness of our marketing, and make our Service better for our users.
c. IP Address and Clickstream Data. Our servers automatically collect data about your Internet Protocol address when you visit us. When you request pages from our Website, our servers may log your IP Address and sometimes your domain name. Our server may also record the referring page that linked you to us (e.g., another website or a search engine); the pages you visit on this Website; the website you visit after this Website; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Website or a referral website; and other web usage activity and data logged by our web servers. We use this information for internal system administration, to help diagnose problems with our servers, to analyze general usage patterns, and to administer our Website. Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider. SMBS may aggregate user information in a non-personally identifiable manner to share with advertisers and to enhance the Website with new features.
Any or all of these activities with regard to the above-described Website Usage Information may be performed on our behalf by our third-party service providers.
How We Use Your Information
1. Personal Information. If you submit information to us through the Service, including registration information, then we use this information to operate, maintain, and provide the features and functionality of the Service. SMBS will use your email address to complete the signup process. By providing SMBS your email address you consent to our using the email address to send you Service-related notices, including among other things notices required by law, in lieu of postal mail. You may not opt out of Service-related e-mails. We may also use your email address to send you other messages, including changes to Service features and special offers.
Rights to Opt-in / Opt-out. You have the right to “opt in” and/or “opt out” of certain of our uses of your Personally Identifiable Information. For example, you may have the opportunity to elect whether you would like to receive correspondence from us and/or third party service providers. Your personal information will not be shared with third party service providers unless consent is given by you. You will have the opportunity to opt out of SMBS’s promotional e-mails by clicking the “opt out” or “unsubscribe” link in the e-mail you receive. You can also request this by sending an e-mail to info@Shiftmindbodysoul.com, specifying whether: (i) you would like to opt out of receiving promotional correspondence from SMBS in general, or just via e-mail, postal mail and/or by phone, and/or whether (ii) you would only like to opt out of certain of SMBS’s e-newsletters or correspondence. Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.
2. Website Usage Information. We use non-Personally Identifiable Information, such as anonymous Website use data and IP addresses, to improve the quality and design of the Website and to create new features and services by storing, tracking, and analyzing your preferences and trends. We may use such information to: (a) remember information so that you will not have to re-enter it during your current or subsequent visits to the Website; (b) provide customized content and information; (c) monitor the effectiveness of our marketing campaigns and aggregate metrics such as total number of visitors and traffic; (d) diagnose or fix technology problems; (e) access your information after you sign in; (f) market our Website to advertisers and other third parties; (g) aggregate general User and Member statistics including demographic and geographic information; and (h) other purposes for which your personal identity is not revealed.
3. Location-Based Services: We collect location-based information in order to provide the specific location-based services which you request. You understand that certain location-based services require a location to function properly and your use of the Shift Wellness Application on your mobile device with such features enabled signifies your agreement to use your location for the purposes of the Service.
When We Share Information
SMBS will not share your email address with advertisers or unaffiliated third parties without first obtaining your express permission.
We may share non-Personally Identifiable Information (such as anonymous Website use data) with third-parties to assist them in understanding our Website, including Users’ use of our Website and the services we provide and the success of advertisements and promotions.
We may share non-personally identifiable aggregated user data, such as aggregated gender, age, height, weight, and usage data (without the inclusion of a user’s name or other identifying information) to advertisers and other third parties for their marketing and promotional purposes.
We may share location-based information with third parties for their marketing and promotional purposes if you have allowed Application location-based services.
Our Commitment to Children’s Privacy
Protecting the privacy of young children is especially important and is mandated by U.S. law. For these reasons, SMBS does not knowingly collect Personally Identifiable Information on the Service from persons under 13 years of age, and no part of our Service is directed to persons under 13. If you are under 13 years of age, then you must not use or access the Service at any time or in any manner or provide any information to the Service. If we become aware that we have inadvertently received personal information from a visitor under the age of 13 on our Service, we will delete the information from our records.
Rights to Control Your Data
You can control your personal data. You have many choices about how your data is collected, used and shared.
For personal data that we have about you, you can:
∙ Delete Data: You can ask us to erase or delete all or some of your personal data (e.g., if it is no longer necessary to provide services to you).
∙ Change or Correct Data: You can edit some or your personal data by asking us to change, update or fix your data in certain cases, particularly if it’s inaccurate.
∙ Object to, or Limit or Restrict, Use of Data: you can ask us to stop using all or some of your personal data (e.g., if SMBS has no legal right to keep using it) or to limit our use of it (e.g., if your data is inaccurate or unlawfully held).
∙ Right to Access and/or Take Your Data: You can ask us for a copy of your personal data and can ask for a copy of the personal data you provided to us in machine-readable form.
You may contact us at info@Shiftmindbodysoul.com, and we will consider your requests in accordance with applicable laws.
Residents in Designated Countries may have additional rights under the laws of those countries.
The Website is hosted in the United States and is intended for and directed to Users in the United States. The Website and services are void where prohibited. If you are accessing the Website from outside the United States, your use of the Website is governed by U.S. law, you are transferring your personal information to the United States, and you consent to that transfer.
Users from the EU, EEA and Switzerland
We have lawful bases to collect, use and share data about you. You have choices about the use of your data. We will only collect and process Personally Identifiable Information about you where we have lawful bases. Lawful bases include consent (where you have given consent), contract (where processing is necessary for the performance of a contract with you (e.g. to deliver the SMBS services you have requested)) and our legitimate interests, provided that such processing shall not outweigh your rights and freedoms. SMBS will seek to obtain your additional consent where required by applicable law. At any time, you can withdraw the consent you have provided by contacting us by email at info@Shiftmindbodysoul.com.
You may, of course, decline to submit Personally Identifiable Information to the Website, in which case you may not be able to register or SMBS may not be able to provide certain services to you.
You may access, update or correct your personal information by contacting SMBS at info@Shiftmindbodysoul.com. You may also request that SMBS correct, update, or remove your information from the current Website by contacting us at info@Shiftmindbodysoul.com. We will respond to your request within 30 days. However, before we are able to provide you with any information or correct any inaccuracies, we may ask you to verify your identity and provide other details to help us to respond to your request.
To protect your privacy and security, we take reasonable steps to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your account information at all times.
You may decline to utilize location-based services on your mobile device. If you do not want us to use location-based information, please refrain from using a location-based service or click “Don’t Allow” when your mobile device requests your location-based information.
Online Tracking Disclosures
You may be accessing the Website via a browser that has a “Do Not Track” setting. If you have turned this setting in your browser on, or if you are using a browser with the default setting of “Do Not Track”, please be advised that all features of the Website may not function in such setting. As detailed above, we collect a variety of functional and analytic cookies in order for you to completely engage with our services.
If you wish to opt-out of the collection of tracking information you may do so according to your browser settings; however, please be advised that such an election may limit the functionality of the Website available to you.
Our Commitment To Data Security
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. Such measures include, but are not limited to, the utilization of Secure Sockets Layer (SSL) encryption to transmit sensitive information through the Website. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your Personally Identifiable Information at your own risk.
While SMBS strives to protect the security and integrity of Personally Identifiable Information on its Website, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that your information, during transmission through the Internet or while otherwise in our care, will be safe from intrusion of others You should also be aware that if you contact us by email or a “contact us” or similar feature on the Website, your transmission might not be secure. An unaffiliated third party could view information you send by these methods in transit. You should also be aware that if you are accessing the Service via a mobile device, your transmissions may not be secure due to the inherent nature of mobile data carrier networks. We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
Compromise of Personal Information
In the event the breach involves your online account credentials, we will provide notification in electronic form and direct you to promptly take other appropriate steps to protect the online account. You consent to our use of e-mail as a means of such notification. If you would prefer us to use another method to notify you in this situation, please e-mail us at info@Shiftmindbodysoul.com with the alternative and/or additional contact information you would like us to use.
California Privacy Rights
Under California’s “Shine the Light” law (California Civil Code §1798.83), California residents who provide personal information in obtaining products or services for personal, family or household use are entitled once per calendar year to request and obtain from us information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2019 will receive details concerning 2018 sharing activities).
To obtain this information, please send an email message to info@Shiftmindbodysoul.com with “Request for California Privacy Information – Shine the Light” on the subject line and in the body of your message. We will in turn provide the requested information on covered sharing to you at your e-mail address.