Bradley’s Performance and Wellness, LLC
Effective Date: June 12, 2019.
Important information and who we are.
Purpose of this privacy notice
- The right to have BPW permanently delete any of your personal data.
- The right to review any personal data that we’ve collected from you.
- The right to voluntarily and affirmatively “opt-in” to any newsletters, emails, or marketing materials sent to you by BPW.
- The right to receive a copy of your personal data.
- The right to have control and access over your personal data.
- The right to have your personal data protected, transferred and stored in compliance with GDPR’s data protection requirements.
- The right to have your personal data automatically destroyed after it is no longer being actively used by BPW.
- The right to only receive communications from BPW pursuant to a “Lawful Basis” under GDPR. The two most common Lawful Bases pursuant to which you may receive BPW communications are: (i) that you requested, subscribed or affirmatively consented to the receipt of the communications, and (ii) the communications are necessary for BPW’s “legitimate interests” that are not overridden by your interests or fundamental rights and freedoms that require protection of personal data.
- The right to have BPW appoint a Data Protection Officer (“DPO”) to manage BPW’s compliance with GDPR and to respond within 72 hours to any inquiries, complaints, or requests that you make regarding your personal data. At any time, you may contact our DPO at email@example.com.
- As required by GDPR, our authorized subscribers have affirmatively and voluntarily “opted in” pursuant to GDPR requirements to receive newsletters, emails, and marketing communications from BPW. If you believe that you did not opt in to receive these communications from BPW, please contact our DPO as soon as possible at firstname.lastname@example.org, and we will arrange for you to either affirmatively opt in or not receive any further communications from us. Additionally, all of our newsletters, emails to subscribers, and other related communications contain an opt-out (unsubscribe) button at the bottom. At any time, you may unsubscribe from all BPW communications by clicking on the button.
We take your personal data and privacy seriously. If you have any questions regarding your rights, your personal data, or BPW’s obligations, please contact BPW’s Data Protection Officer at email@example.com.
Your rights under GDPR are further described below in Section 11. Some of your rights described in this policy may be subject to certain rights of BPW such as legal, accounting, and archiving requirements.
For more details regarding your rights and BPW’s obligations under GDPR, this Wikipedia article offers a good summary: https://en.wikipedia.org/wiki/General_Data_Protection_Regulation
Detailed information regarding GDPR and related legislation and directives, may be viewed at the following link: https://ec.europa.eu/info/law/law-topic/data-protection/data-protection-eu_en.
Attn: Data Protection Officer
Bradley’s Performance and Wellness, LLC
434 Classon Avenue, Suite 1
Brooklyn, New York 11238
The BPW Fitness App
The Information We Collect About You.
Information We Collect Automatically
When you visit our website or app, our servers automatically collect certain browser or device generated information, which may in some cases constitute personal data, including but not limited to:
- your domain;
- your IP address;
- your log in
- the date, time and duration of your visit;
- your browser type;
- your operating system;
- your page visits;
- information from third parties;
- other information about your computer or device;
- Internet traffic.
Information You Provide
In order to access or use certain portions of BPW’s website, the BPW app, or other BPW portals, or otherwise conduct business with us, you may be prompted to provide certain personal data to us in the following ways:
- by filling in forms (for example, a ‘Contact us’ form) on our website or at a trade show or anywhere else we conduct business;
- by downloading materials from our website or the BPW App;
- by subscribing to newsletters or other communications;
- by corresponding with us by phone, e-mail or otherwise using our contact details;
- by registering or participating in BPW webcasts, webinars or seminars/classes/conferences;
- by submitting questions or comments to us or requesting any other information from us; or
- by submitting emails, photos, videos and other information;
- by participating in a BPW study or program.
Typically, the personal data you give us may include name, business affiliation, business address, telephone number, and email address, and any personal details required to resolve any inquiries or complaints. With respect to the BPW App, your personal data may include your login name and passcode, photos and videos that you shoot of yourself, and information that you supply, and upload to the BPW App servers as part of how the app is designed to be used.
Personal data may also be required to enter into an agreement with you or to perform an agreement with you (such as to provide services at your request), and failure to provide any information may result in our inability to provide requested services or products.
Photos, videos and information you submit.
When you use our website or BPW app, you may submit photos, videos, and other information that may be considered personal data. Such information may be uploaded to secure third-party servers in the United States maintained by our vendors in accordance with the highest security standards for protecting personal data. We will use this information for our internal research and educational purposes only. If we want to use this information in any other way, we will obtain your written permission before doing so.
The personal data you submit to us through our Contact Us page and email sign-ups on our website and the BPW App is stored and processed at AWeber in compliance with GDPR. For more information, see https://help.aweber.com/hc/en-us/articles/115016056728-The-General-Data-Protection-Regulation-GDPR-What-is-it-what-is-AWeber-doing-and-what-should-you-do-
BPW may change the third-party data processors it uses. BPW will perform due diligence on any new processors that it uses, and make sure that they meet the highest quality of privacy and security standards, including GDPR.
Information From Other Sources
We may receive information about you if you use any of the other websites and portals we operate, any other services we provide, seminars or classes we teach, or from our business partners or data processors instructed to collect information on our behalf.
Use of Personal Data.
The following is an overview of our purposes for using your personal data. Additional details on how we process your personal data may be provided to you in a separate notice or agreement.
All processing and use of your personal data is justified by a “condition” for processing. In the majority of cases, processing will be justified on the basis that:
- you have consented to the processing;
- the processing is in our legitimate interests that are not overridden by your interests and fundamental rights; our legitimate interests are to use supplier, customer, client, student, program, website and app user data to conduct and develop our business activities with them and with others while limiting the use of their personal data to purposes that support the conduct and development of our business;
- the processing is part of our fitness, training, and educational programs;
- the processing is necessary to perform an agreement with you or take steps to enter into an agreement at your request, such as to fulfil an order, or to provide product information you have requested; or
- the processing is necessary for us to comply with a relevant legal obligation, such as keeping accounting, legal, and archival records;
We use the personal data we collect to conduct and develop our business with you and with others, as more fully described below:
- provide you with any services or products you have contracted for;
- administer and manage performance of purchase or sales agreements with our suppliers and customers;
- provide after-sales support;
- process, evaluate and complete certain transactions involving the website, the BPW App, and more generally transactions involving BPW’s products and services;
- operate, evaluate, maintain, improve and develop the website and the BPW App (including by monitoring and analyzing trends, access to, and use of the website for advertising and marketing, and analyzing how our app is functioning and delivering results);
- research and educational purposes;
- evaluate, improve and develop our products and services generally;
- customize our website and the BPW App to users’ needs;
- engage you about events, promotions, the website, the BPW App, and BPW’s products and services;
- provide you with documentation or communications which you have requested or which we believe you would be interested in;
- correspond with users to resolve their queries or complaints;
- send you marketing communications, where it is lawful for us to do so;
- protect and ensure safety of the website, the BPW App, BPW confidential and proprietary information, and BPW employees;
- manage, protect against and investigate fraud, risk exposure, claims and other liabilities, including but not limited to violation of our agreements or laws or regulations;
- share your personal data with third parties in connection with potential or actual sale of our company or any of our assets, in which case personal data held by us about our users may be one of the transferred assets;
BPW respects and safeguards your personal data and will never sell or rent it to third parties.
Disclosure of Personal Data.
BPW will share personal data with its appointed third-party service providers (who will operate under our instructions) to assist us in providing information, products or services to you, in conducting and managing our business, or in managing and improving our products, services, the website, or our BPW App. BPW may share your personal data with these affiliates and third parties to perform services that the third parties have been engaged by BPW to perform on BPW’s behalf, subject to appropriate contractual restrictions and security measures, or if we believe it is reasonably necessary to prevent harm or loss, or if we believe that the disclosure will further an investigation of suspected or actual illegal activities.
We are also subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). We may be required to disclose personal information that we handle in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If your personal data is transferred outside the EU to BPW or its third-party service providers, we will take steps to ensure that your personal data receives the same level of protection as if it remained within the EU, including by assuring that BPW and its service providers have entered into data transfer agreements using the European Commission approved Standard Contractual Clauses, or by relying on certification schemes such as the EU – US Privacy Shield. For transfers of personal data between BPW and its service providers we will use best efforts to make sure that the service providers have in place European Commission approved Standard Contractual Clauses. The list of all the countries to which your personal data is transferred is set forth here: United States. Please be advised that upon information and belief, neither of these countries has currently received a decision of the European Commission determining that its laws provide adequate protection to personal data. You have a right to obtain details of the mechanism under which your personal data is transferred outside of the EU by contacting firstname.lastname@example.org .
BPW reserves the right to share any information that you provide which is not deemed personal data or is not otherwise subject to contractual restrictions. These restrictions on the disclosure of your personal data will not affect our use of your data as stated in Section 3, above.
EU-U.S. and Swiss-U.S. Privacy Shield
BPW, although not a member, complies with the data protection principles of the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union member countries and Switzerland. BPW adheres to the Privacy Shield Privacy Principles of notice, choice, accountability for onward transfer, security, data integrity, purpose limitation, and access. To learn more about the Privacy Shield principles, please visit https://www.privacyshield.gov/.
BPW conducts in-house verifications to ensure that its attestations and assertions with regard to its treatment of personal data are accurate and that the company has appropriately implemented these practices.
The website is not for use by children under the age of 16 years and BPW does not knowingly collect, store, share or use the personal data of children under 16 years. If you are under the age of 16 years, please do not provide any personal data, even if prompted by the website to do so. If you are under the age of 16 years and you have provided personal data, please ask your parent(s) or guardian(s) to notify BPW and BPW will delete all such personal data.
Where lawful to do so, and subject to your consent where required, we may communicate with you by email to tell you about our products and services. If you wish to opt-out of receiving marketing communications, please use the ‘unsubscribe’ link provided in our emails, or otherwise contact us directly and we will stop sending you communications.
BPW aims to safeguard and protect your personal data from unauthorized access, improper use or disclosure, unauthorized modification or unlawful destruction or accidental loss, and BPW utilizes and maintains certain reasonable processes, systems, and technologies to do so. However, you acknowledge that no transmission over the Internet is completely secure or error-free, and that these processes, systems, and technologies utilized and maintained by BPW are subject to compromise. Accordingly, we cannot be held responsible for unauthorized or unintended access that is beyond our control.
Retention of Your Personal Data.
We apply a general rule of keeping personal data only for as long as required to fulfil the purposes for which it was collected. In general, we retain your personal data for a period of time corresponding to a statute of limitation, for example to maintain an accurate record of your dealings with us. Generally, personal data that you submit will be permanently deleted approximately one year after you cease using the BPW App.
However, in some circumstances we may retain personal data for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.
The website may contain links to third party sites. Since BPW does not control nor is responsible for the privacy practices of those websites, we encourage you to review the privacy policies of these third-party sites. This policy applies solely to personal data collected by our website or the BPW App, or in the course of our business activities.
Under applicable law, you may have the following rights:
- Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
For further information regarding your data privacy rights under GDPR, please see the following link: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/.
Your California Privacy Rights.
For California residents only. We may disclose your personal information to our affiliates or other related third parties for their use in marketing to you. Pursuant to California’s “Shine the Light Act,” California residents are permitted to request information about the manner in which we share certain categories of information with third parties for their marketing use. Please send an email to email@example.com to request a copy of our disclosure pursuant to California law.
Dispute Resolution and Other Legal Matters
You may also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your personal data infringes applicable law and BPW is subject to the jurisdiction of such supervisory authority.
Further, in accordance with the Privacy Shield Principles, BPW commits to promptly resolve complaints about privacy and our collection or use of personal information. Individuals with questions or concerns about the use of their personal data should contact us at: firstname.lastname@example.org and identify the company or other organization with whom they are affiliated or for whom their data was collected, if collection was for an BPW customer.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, we will have the matter submitted to our US-based third-party dispute resolution provider, the American Arbitration Association in New York City. If GDPR or other applicable laws exclusively apply to the dispute and require us to pay for the arbitration, we shall do so.
Changes to this Policy
Any changes or updates we may make to this policy will be posted on this page. You are responsible for checking back to see any updates or changes to this policy.