PRIVACY POLICY WAIVER

Effective date: December 1, 2022

Thank you for using this service, which is owned and operated by BeYoga, LLC, (doing business as “Be Hot Yoga”). This Online Privacy Policy describes the information we collect from you and states how we use and share that information, your Consent, and steps we take to protect your privacy.
Scope of This Policy
This Policy applies to all information we collect from or about you through this Site. Be Hot Yoga has provided this Policy so that you will know what information Be Hot Yoga collects, how we use this information, and the types of third parties with whom Be Hot Yoga may share this information.
Your Consent
By using this Site, you are consenting to the collection, use, disclosure, and transfer of your information as described in this Policy. If you do not consent to the collection, use, disclosure, and transfer of your information as described in this Policy, you may not use this Site. If you have questions about this Policy, please contact us by phone at (239) 271-2000.
Our Terms of Use
This Policy is part of the Terms of Use that govern your use of this Site. A link to our Terms of Use is provided at the bottom of each page of this Site.
Your Choices
We respect your right to make choices about the ways we collect, use, and disclose your information. This Policy describes some of your choices, such as your choice to opt out of receiving “cookies.” We may ask you to indicate your choices at the time and on the page where you provide your information.
You may change previously expressed preferences regarding how we use your information. You may be able to change preferences through your account. Otherwise, please contact us using the information provided below. You may opt out of promotional emails by clicking the unsubscribe link in the footer of any promotional email we send you.
 
This Policy May Change
Be Hot Yoga reserves the right to update or modify this Policy, at any time and without prior notice, by posting the revised version of the Policy on this Site. These changes will only apply to the information we collect after we have posted the revised Policy on this Site.
Your use of this Site following any such change constitutes your agreement that all information collected from or about you after the revised Policy is posted will be subject to the terms of the revised Policy. You may access the current version of this Policy at any time by clicking on the link marked “Privacy” at the bottom of each page of the public areas of this Site.
Information We Collect
Be Hot Yoga collects the information you manually provide when you create a personal account, complete a questionnaire, communicate with us, sign up for an event, and interact with this Site.  Some of the information you manually provide may be personal information, such as your name and contact information.
You may be able to register with, log on to, or enhance your profile on this Site by choosing to automatically populate the requested data fields with information you previously provided to a third-party social media platform (such as Facebook, Instagram, or Twitter). By doing this, you are asking the third-party platform to send us information, including personal information, from your profile on that platform. We treat that information as we do any other information you give to us when you register, log on, or enhance your profile.
Be Hot Yoga collects information that is sent to us automatically by your web browser or mobile device. This information typically includes your IP address, the name of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. The information we receive may depend on your browser or device settings.


The information we receive from your web browser and device is not personally identifiable. We use this information to help us improve this Site and make it more compatible with the technology used by our visitors. However, we may combine it with other information in an attempt to identify you or we may combine it with information that does identify you. We may also review our server logs for security purposes—for example, to detect intrusions into our network—and we might share our server logs, which contain visitors’ IP addresses, with the appropriate investigative authorities who could use that information to trace and identify you.
We use “cookies” and other technologies to collect information and support certain features of this Site. For example, we may use these technologies to:
collect information about the ways visitors use this Site—which pages they visit, which links they use, and how long they stay on each page;
support the features and functionality of this Site—for example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits;
personalize your experience when you use this Site; and
improve our marketing efforts, including through use of targeted advertising.
The information we collect using cookies and similar technologies is not, in and of itself, personally identifiable, but we may link it to personal information that you provide. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Although you are not required to accept cookies when you visit this Site, you may be unable to use all the functionality of this Site if your browser rejects our cookies.
Information About Interest-Based Advertising and Third-Party Cookies
We use Google Analytics, a web analytics tool that helps us understand how visitors engage with this Site. To learn more about Google Analytics, click here.  In addition, we may engage in interest-based advertising or "online behavioral advertising" by collecting (or by allowing third parties to collect) information through this Site about your web-viewing behaviors over time and across non-affiliate websites for the purpose of using that information to predict your preferences or interests and to deliver advertising to you based on the preferences or interests inferred from your web-viewing behaviors.  On our website, interest-based advertising may be executed through delivery of third-party cookies to your computer or mobile device. Other technologies may be used for the purpose of interest-based advertising on our mobile app.
You have choices about the collection of information by third parties on this Site. For example, if you don’t want information about your visit to this Site sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here. Please note that the Add-on does not prevent information from being sent to Be Hot Yoga.
In addition, if you would like to opt out of having participating entities collect information about your online behaviors for advertising purposes when you are browsing our website, click here for a "Website Opt Out." You will be directed to an industry-developed website that allows you to choose whether each listed entity may collect and use data for interest-based advertising purposes. It may be that some of the third parties that collect interest-based information on this Site do not participate in the Website Opt out, in which case the best way to avoid third-party tracking of your online behaviors may be through your browser settings and deletion of cookies. The Website Opt Out described above works only on websites. 
How We Use Your Information
Generally, we may use the information we collect through this Site:
*to provide the information, products and services you request;
*to provide you with effective customer service;
*to provide you with a personalized experience when you use this Site;
*to contact you with information and notices related to your use of this Site;
*to contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
*to invite you to participate in surveys and provide Feedback to us (in accordance with any privacy preferences you have expressed to us); 
*to improve the content, functionality and usability of this Site;
*to better understand your needs and interests;
*to improve our products and services;
*to improve our marketing and promotional efforts;
for security, credit or fraud prevention purposes; and
for any other purpose identified in an applicable click-through agreement or other agreement between you and us.
How We Share Your Information
Be Hot Yoga shares information collected through this Site with third-party vendors who act for us or on our behalf. For example, we may use third-party vendors to design and operate this Site; to conduct surveys; and to help us with our promotional efforts. These third-party vendors may need information about you to perform their functions.
You may be able to submit User-Generated Content on or through this Site. In this Policy, “User-Generated Content” or “UGC” refers to content that you post using the social networking tools we make available to you and that does not constitute “Feedback” (as that term is defined in our Terms of Use). Any personal information contained in UGC can be read, collected, or used by others. In addition, we may use UGC you submit for advertising campaigns and other promotions. We may or may not use your name in connection with such use, and we may or may not seek your consent before using the content for such purposes. Therefore, you should have no expectation of privacy with respect to UGC you submit on or through this Site.
From time to time, we may share your information with selected third parties for their own marketing purposes. For example, we may partner with third parties to sponsor contests or other promotions, and we may share with these third parties the information you submit to us to participate in the contest or take advantage of the promotion. Before doing so, however, we may offer you the opportunity to “opt out” or “opt in,” as required by applicable law.
We use information collected through this Site to create a compiled, aggregate view of usage patterns. We may share aggregate information with third parties so they can better understand our user base. We may also share with third parties’ information about how particular individuals use this Site, but only on a de-identified basis (“Individualized Data”). Individualized Data is not personally identifiable, but it does reflect the usage patterns of a particular Site user, as opposed to Site users collectively.
Your information may be transferred to successor organization if, for example, we transfer the ownership or operation of this Site to another organization or if we merge with another organization, or if we liquidate our assets and sell them individually. If such a transfer occurs, the successor organization’s use of your information will still be subject to this Policy and the privacy preferences you have expressed to us.
We may disclose your information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order or a subpoena. We may also disclose your information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of this Site; or to protect our own rights or property or the rights, property or safety of our users or others.
How We Protect Your Information
Be Hot Yoga takes reasonable precautions to provide a level of security appropriate to the sensitivity of the information we collect. Although we use reasonable measures to help protect your information against unauthorized use or disclosure, we cannot guarantee the security of information provided over the Internet or stored in our databases and will not be responsible for breaches of security beyond our reasonable control.
A Note About Children’s Privacy
You must be at least 13 years old to have our permission to use this Site. We do not knowingly collect, use, or disclose personal information about visitors under 13 years of age. If you are 13 to 18 years old, you can use this service only in conjunction with your parent’s or guardian’s permission.
Links to Other Websites
This Policy applies only to this Site. This Site may contain links to websites that are not operated by Be Hot Yoga. These links are provided for your reference and convenience only and do not imply any endorsement of the products sold or information provided through these websites, nor any association with their operators. Be Hot Yoga does not control these websites and is not responsible for their data practices. Any information you provide to third parties on their websites is covered under their privacy and data collection policies and is not covered by this Policy. We urge you to review the privacy policy posted on any site you visit before using the site or providing any personal information.
Access to Your Information 
If you would like to review, correct, and update the personal information you have provided to us through this Site, please contact us using the information provided below. We will respond to your request within the time limit set out by the applicable privacy legislation. We will use reasonable efforts to comply with your request, as required by applicable law.
Retention of Personal Information
Be Hot Yoga retains the personal information collected on this Site as long as necessary to provide the services, products and information you request or as permitted by applicable law.
This Site Is Hosted on Servers Located in the United States.
Be Hot Yoga is a U.S. corporation. The servers that support this Site are in the United States. While it is in our possession, your information will generally be stored in Be Hot Yoga databases or databases maintained by our third-party service providers on servers and data storage devices located in the United States. U.S. data protection laws may not provide as much protection as the data protection laws in force in some other countries, however, we will process your information in accordance with this Policy no matter where our data is stored. If you are in a country outside the United States, by using this Site you consent to the transfer of your information to the United States.
eGifts and Referrals
If you choose to send electronic gift cards, or referrals to third parties, you must first obtain their permission to provide their personal information, such as their name, phone number or email address, to Be Hot Yoga. The referred information will be used by Be Hot Yoga for the purpose of contacting the third-party recipient, on your behalf, to deliver the gift card or referral via email.
Governing Law
This Policy shall be governed under the laws of the State of Florida United States of America without regard to its conflicts of law provisions.
Questions About This Policy or Be Hot Yoga’s Data Practices
If you have questions or concerns about this Policy, or Be Hot Yoga’s data practices, please contact us at: BeHot@BeHotYoga or (239) 271-2000.
Use of Personal Information
Personal Information may be used for the purposes described below, or as otherwise permitted or required by applicable law or disclosed to Consumers at the time of collection: Providing our services, Communicating with Consumers, Developing and providing marketing materials, Personalizing the experience of Consumers on our services including providing tailored content, Facilitating transactions and payments, Responding to trust and safety issues, Complying with judicial process or government requests, Auditing related to a current interaction with Consumers and concurrent transactions including but not limited to counting ad impressions to unique visitors; verifying positioning and quality of ad impressions; and auditing compliance with this specification and other standards, Detecting security incidents; protecting against malicious; deceptive; fraudulent; or illegal activity; and prosecuting those responsible for that activity, Debugging to identify and repair errors that impair existing intended functionality, Performing services on our behalf or on behalf of our service providers including maintaining or servicing accounts; providing customer service; processing or fulfilling orders and transactions; verifying customer information; processing payments; providing financing; providing advertising or marketing services; providing analytic services; or providing similar services on our or our service providers’ short-term transient use our or our service providers’ behalf, To provide you with information about products or services that you request from us; To fulfill or meet the reason for which the information is provided; To contact you and/or provide you with email alerts; for event registrations and other notices concerning our products or services, surveys, events, or news, that may be of interest to you; To carry out our obligations and enforce our rights including those arising from any contracts entered into between you and us, including for billing and collections; To administer, evaluate, improve, or modify the Site, including applications, and other online services  and present their contents to you; To administer, evaluate, improve, or modify the products and services offered in our studios; For testing, research, analysis and product and service development; As necessary or appropriate to protect the rights, property, and safety of us, our clients or others; To respond to law enforcement requests and as required by applicable law, court order, governmental regulations, or other lawful processes; As described to you when collecting your personal information; To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred; To fulfill any other business or commercial purposes at your direction or with your notice and/or consent..
Collection of Personal Information
Requests
If you are a Consumer, you can make requests to know what personal information we have collected you in the past 12 months.
Please be aware that we do not accept or process requests through other means (e.g., via text, email, fax, or social media).
We will review the information provided and may request additional information to ensure we are interacting with the correct Consumer. If you have a password-protected online account with us, you may be required to log-in to your account for identity verification. If you do not have an account with us, additional information to verify your identity may be required by law before we may act upon such a request. This additional information may vary depending on the nature of your request and/or the nature of the information about which your request relates. In some cases, we may also be required by law to obtain a signed declaration under penalty of perjury from you that you are the subject of the request being made.  If we suspect fraudulent or malicious activity on or from your account, we will delay acting on your request until we can appropriately verify your identity and the request as authentic.
By law, we are not required to collect Personal Information that we otherwise would not collect in the ordinary course of our business, retain Personal Information for longer than we would otherwise retain such information in the ordinary course of our business, or reidentify or otherwise link information that is not maintained in a manner that would be considered Personal Information. If we have not requested specific additional information from you to verify your request, please do not send such information. 
We generally will aim to avoid requesting additional information from you for the purposes of verification. However, if we cannot reasonably verify your identity or more information is needed for security or fraud-prevention purposes, we may consider any of the following factors, alone or in combination, in requesting additional information:
The type, sensitivity, and value of the Personal Information collected and maintained about the Consumer, as applicable law requires a more stringent verification process for sensitive or valuable personal information; 
The risk of harm to the Consumer posed by any unauthorized access or deletion; 
The likelihood that fraudulent or malicious actors would seek the Personal Information; 
Whether the Personal Information to be provided by the Consumer to verify their identity is sufficiently robust to protect against fraudulent requests or being spoofed or fabricated; and
The manner in which we interact with the Consumer.
If your request is regarding household information, the same verification steps above may be required before we can provide you with aggregate household information. In addition, if you do not have a password-protected online account with us, for us to process a request for access to or deletion of specific pieces of information regarding your household, we may need all members of the household to make the request, and we may need to individually verify each household member and that each member making the request is currently a member of the house.
We reserve the right to charge a reasonable fee or take other appropriate action in response to requests from a Consumer or household that are manifestly unfounded or excessive, in particular because of their repetitive character.
You may designate an authorized agent to make a request on your behalf pursuant to applicable law. We accept documentation of your designation in the form of a valid power of attorney and/or a written authorization signed by you and the authorized agent. We may require verification of your authorized agent in addition to the information for verification above for Consumers and households.    
Children (under 13)
Our services are not directed to children, and we do not knowingly collect or sell Personal Information from children under the age of 13. If you learn that a child has provided us with Personal Information, then you may contact us through the Contact Us, at (239) 271-2000.
Notice of Financial Incentive
We do not offer financial incentives to Consumers based upon the collection, retention, or sale of a Consumer’s Personal Information.