The Website and the App Are Not Intended For Use By Individuals Under 18 Years of Age
Our Website and our App are not intended for anyone under eighteen (18) years of age. We do not knowingly collect personal information from anyone under 18. If you are under 18, do not: (i) use or provide any information on the Website or the App or, on or through any of the features available on the Website or the App or (ii) provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from an individual under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about an individual under 18, please contact us at email@example.com
Collection of Information
Personal information does not include: (i) publicly available information from government records or (ii) deidentified or aggregated consumer information. In particular, we collect the following categories of personal information from our consumers:
Name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Name, address, telephone number, or credit card number (when you make a purchase directly from our Website).
Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
Age, Gender [race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information)[A4] [A5] [A6] ]
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies; fitness videos viewed
E. Biometric information.
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. See Cookies and Other Technologies and Additional Automatic Information Collection Through the App for more information.
G. Geolocation data.
Physical location or movements. [A7] [A8] [A9]
H. Sensory data.
Photographs that you voluntarily choose to upload through the Website or App. [A10] [A11] [A12]
We may collect Personally Identifiable Information or other personal information from you so that we can: (i) provide you with access to specialized portions of the Website and the App (your “Instructrr Account”) and to maintain, and secure such account; (ii) store information about your preferences, allowing us to customize your Instructrr Account according to your individual interests; (iii) provide your information to our payment processor to process payments for services you purchase through the Website or App; (iv) notify you when App updates are available; (v) contact you to respond to inquiries related to the Website or the App; ; (vi) communicate with you to provide you with relevant information about Instructrr, including special promotions, discounts and newsletters; (vii) provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses; (viii) identify, investigate, and respond to, and prevent fraudulent or illegal activity (such as incidents of hacking or misuse of our websites and mobile applications), and claims and other liabilities; and (ix) enhance or repair the functionality of the Website or App or improve our services. We collect Personally Identifiable Information solely for the purposes of providing these services, but may collect other personal information or non-personal information in order to operate, maintain, and improve the Website and our services.
We will collect Personally Identifiable Information from you if you voluntarily submit such information to us through the Website and the App.
When you purchase an item or service through the Website or App, your payment will be processed by Stripe. In processing such orders, Stripe will collect certain Personally Identifiable Information including: your name, telephone number, e-mail address, billing information (credit card number, expiration date and billing address), products purchased, any relevant promotion code and the recipient’s name, address and telephone number.
We may process your information in the country where it was collected as well as other countries where laws regarding processing of information may be less stringent than the laws in your country.
Security of Information
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of Personally Identifiable Information, we have put in place reasonable physical, electronic, and managerial procedures to safeguard and secure the Personally Identifiable Information we collect online, and we make good faith efforts to store your Personally Identifiable Information in a secure operating environment.
You must also seek to protect against unauthorized access to any Personally Identifiable Information or other personal information that you use in connection with the Website or the App, and you should remember to close the browser once you have completed your activities on the Website or the App or if you have decided to step away from your computer or mobile device. In the event that we determine that there has been a security breach resulting in the unauthorized disclosure of Personally Identifiable Information to a third party, we will notify individuals whose Personally Identifiable Information has been so disclosed as required by law.
Unfortunately, no data transmission over the internet or through mobile platforms can be guaranteed to be absolutely secure. As a result, while we strive to protect your Personally Identifiable Information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Sharing Information with Our Service Providers
We may employ other companies and individuals to perform functions on our behalf. Examples include postal mail and email communications, customer lists management, data analysis, marketing services and assistance which may include content and ads presented on other websites or mobile applications, credit card processing, and customer relationship management. These companies and individuals have access to personal information needed to perform their functions.
Use and Sharing of Information[A13] [A14] [A15]
We will release information, which may include Personally Identifiable Information, as required by law to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information, which may include Personally Identifiable Information, in special cases, such as if there is an attempted breach of the security of the Website or the App or if there is a physical or property threat to you or others. We may also transfer user information, including Personally Identifiable Information and other personal information, in connection with a corporate merger, consolidation, the sale of related assets or corporate division or other fundamental corporate change. We may provide access to your Personally Identifiable Information and other personal information to our contractors who are performing services for us in connection with our Website or App.
On occasion, we may collect Personally Identifiable Information and other personal information from you in connection with optional contests, special offers or promotions. We will share such Personally Identifiable Information and other personal information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. Your participation in the contest, special offer or promotion constitutes your consent to such disclosure and use of such Personally Identifiable Information and other personal information.
If you provide information to be published or displayed ("Posted") on public areas that may be available on the Website or App, such as Personally Identifiable Information, personal information or other information (collectively, "User Contributions"), that information is transmitted to others at your own risk, and can be collected and used by third-parties and by us without limitation. Although you may set certain privacy settings for such User Contributions, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Electronic Communications and Opting in and Opting Out
Cookies and Other Technologies
The Website and/or App may use “cookies” and/or other technologies or files (collectively, “cookies”) to identify how visitors make use of the Website and/or App. This aggregate tracking information may be used to help us improve and enhance the website and mobile application experience for all of our visitors. If you would prefer not to have such cookies stored on your computer or mobile device, you may modify your browser settings to reject most cookies, or manually remove cookies that have been placed on your computer or mobile device. However, by so rejecting the cookies, you may be unable to fully access the offerings on the Website or App. Additionally, we may use IP address information to count and track aggregate visits to the Website and/or App, to help diagnose problems with our server, and to administer the Website and/or App. We do not link IP addresses to anything personally identifiable, so while a particular user’s session can be tracked, the user remains completely anonymous.
Additional Automatic Information Collection Through The App
When you download, access, and use the App, it may use technology to automatically collect:
· Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the App.
· Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
· Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.[A16] [A17] [A18]
· Location Information. This App may collect real-time information about the location of your device in order to set the time zone of your calendar and/or provide you with events near your location. You can choose whether or not to allow the App to collect and use real-time information about your device's location through the device's privacy settings.
If you do not want us to collect this information [do not download the App or delete it from your device/you may opt out at any time by [OPT-OUT METHOD]]. [A19] [A20] [A21] Note, however, that opting out of the App's collection of location information will cause its location-based features to be disabled.
Do Not Track Disclosures
We may work with third parties that use tracking technologies, including in order to provide tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These companies may collect information about your activity on our services and other websites over time, as well as your interaction with our advertising and other communications, and use this information to determine which ads you see on third party websites and applications. For more information about this practice and to understand your options, please visit http://www.networkadvertising.org/ or http://www.aboutads.info.
Other Websites and Links
The Website and the App include links to other third-party websites, which are not operated by Instructrr, that we think may be of interest to you, including, but not limited to links to Instructrr’s accounts on various social media websites. These third party websites have separate data collection and privacy practices independent from ours, and Instructrr is not responsible for the policies or activities of such other websites. Please contact such third parties directly if you have questions about their privacy policies.
Disposal of Personally Identifiable Information
To the extent that you have stored, submitted, transmitted, disclosed, or shared Personally Identifiable Information to or with us, Instructrr will take reasonable steps to dispose of or arrange for the disposal of your Personally Identifiable Information within its custody or control by shredding, erasing, or otherwise modifying your Personally Identifiable Information to make it unreadable or undecipherable by any means if: (a) Instructrr ceases operations or (b) you delete the App and cease all use of the Website, and provide written notice to firstname.lastname@example.org
Retention of Personally Identifiable Information
If we cannot resolve your complaint to your satisfaction, you may invoke binding arbitration, as described in Annex I to the Privacy Shield Principles.
Instructrr has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and to Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning data transferred from the EU and Switzerland. If you do not receive timely acknowledgement of your complaint from us, or if we have not addressed your complaint to your satisfaction, you can contact the European Union and/or Swiss DPAs for more information or to file a complaint. The services of the European Union and Swiss DPAs are provided at no cost to you.
How You Can Review, Correct or Request that We Discontinue use of Your Personally Identifiable Information
If you would like Instructrr to either change, or discontinue use of, your Personally Identifiable Information, please contact us at: email@example.com
Your California Privacy Rights
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
· The categories of personal information we collected about you.
· The categories of sources for the personal information we collected about you.
· Our business or commercial purpose for collecting or selling that personal information.
· The categories of third parties with whom we share that personal information.
· The specific pieces of personal information we collected about you (also called a data portability request).
· If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
· sales, identifying the personal information categories that each category of recipient purchased; and
· disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
We do not provide these access and data portability rights for B2B personal information.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Note also that we are not required to delete your personal information that we did not collect directly from you.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either: Calling us at (914) 393-4920, Emailing us at firstname.lastname@example.org
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to consumer requests.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected Instructrr Account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
We do not knowingly “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request.
Response Timing and Format
We will make commercially reasonable efforts to identify Consumer personal information that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests.
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Personal Information Sales Opt-Out and Opt-In Rights[A22] [A23] [A24]
If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the "right to opt-out"). Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by emailing email@example.com
You do not need to create an Instructrr Account to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
· Deny you goods or services.
· Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
· Provide you a different level or quality of goods or services.
· Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Other California Privacy Rights
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org or write us at: Instructrr, 1 Chatsworth Ave., PO Box 966, Larchmont, NY 10538
Legal Basis for Processing European Individual’s Personally Identifiable Information
The applicable legal basis for which we process your Personally Identifiable Information includes:
· Based on your Consent. In some cases, we may ask you for your consent to collect and process your Personally Identifiable Information. If you choose to provide us with your consent, you may later withdraw your consent by contacting us as described in the “How to Contact Us” section below.
· To Comply With Applicable Laws or Performance of A Contract. In specific circumstances, we may need to process your Personally Identifiable Information to comply with a relevant law or regulation or to fulfill our obligations under a contract to which you are subject. Where we process your Personally Identifiable Information to meet our legal obligations, you will likely not be permitted to object to this processing activity, but you will usually have the right to access or review this information unless it would impede our legal obligations. Where we are processing your Personally Identifiable Information to fulfill our contract obligations under a contract where you are a party, you might not be able to object to this processing, or if you do choose to opt-out or object to our processing, you voluntarily forfeit the relevant contractual obligations that you are owed.
· Our Legitimate Interest. We may process your Personally Identifiable Information based on our legitimate interests in communicating with you and managing our interactions with you regarding the Website, the App, and our products and services. You have the right to object to such processing of your Personally Identifiable Information. You can inform us your objection by contacting us as described in the “How to Contact Us” section below.
By submitting Personally Identifiable Information to us, you understand that this information will be transferred to Instructrr in the United States. If you do not want your Personally Identifiable Information transferred to the United States , please do not submit any information to us or otherwise use our Website or App or our products or services.
European Privacy Rights
· Right to Update and Access Your Personally Identifiable Information. You have the right to update your Personally Identifiable Information at any time by contacting us at email@example.com. You have the right to request a report concerning what Personally Identifiable Information we collected and whether we shared any of your personal information with a third party for what purpose thereof. To request such a report please contact us at firstname.lastname@example.org.
Right to Limit the Use and Disclosure of Personally Identifiable Information. You have the right to limit the use and disclosure of your Personally Identifiable Information. As previously mentioned, you may opt-out from receiving promotional emails from us by unsubscribing from our mailing lists. You have the right to have us delete all the Personally Identifiable Information about you. You also have the right to have us transfer your Personally Identifiable Information to a third party you so designated. Please submit such requests to 1 Chatsworth Ave., PO Box 966, Larchmont, NY 10538
How to Contact us
1 Chatsworth Ave., PO Box 966
Larchmont, NY 10538
[A1]Can you upload photos through the website/app?
[A2]Yes, both clients and instructors can upload
[A4]Does the app/website collect this information?
[A5]Eventually some of this data will be captured, but not all of it.
[A7]Does the app/website collect this information?
[A8]It is optional, not required to access the site
[A10]Can you upload photos to the Website?
[A11]Yes, you can upload photos
[A13]Does Instructrr sell any user personal information? If so, we need to include in this section to comply with the CCPA.
[A14]No, at the present moment we will not sell any PII
[A16]PLEASE CONFIRM IF APPLICABLE
[A17]Anything that we request is permission based. No user is required to supply this to us – it’s opt-in only
[A19]PLEASE ADVISE IF YOU WANT TO INCLUDE AN OPT-OUT METHOD.
[A20]As mentioned, we are not collecting this info at the moment, nor do we plan to.
[A22]Does Instructrr sell any customer personal information?