Privacy Policy

EFFECTIVE DATE: November 1st, 2020

In this Privacy Policy (“Policy”), we describe how OM Body, LLC (“OB”) collects, uses, and discloses information that we obtain about visitors to our website https://ombody.com/ (the “Site”), users of our mobile application (the “App”) and the services available through our Site and App (collectively, the “Services”).

By visiting the Site, using or downloading the App, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site, App or Services, and any dispute over privacy, is subject to this Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes. The OM Body Terms of Use are incorporated by reference into this Policy.

The Information We Collect About You
How We Use Your Information
How We Share Your Information
Our Use of Cookies and Other Tracking Mechanisms
Ad Networks
Links to other Websites
User Generated Content
Security of My Personal Information
Access To My Personal Information
What Choices Do I Have Regarding Use of My Personal Information?
Children Under 13
Special Information for California Consumers
Contact Us
Changes to this Policy

The Information We Collect About You

We collect information about you directly from you, automatically through your use of our Site, App or Services, and from other individuals and entities.

Information We Collect Directly From You.

The information we collect from you depends on how you use our Services.

Our Classes – We offer classes and private training sessions in a variety of ways both in-person and online. To sign up for certain of our classes you will need to create an account and for others you will need to apply for membership. When you register for an account or express interest in receiving more information about membership or certain of our other offerings, we will collect information about you such as your name, telephone number, email address and contact information. We also may request information about your fitness goals and your progress toward achieving those goals, including your gender, height, and weight. In addition, we maintain a record of the classes that you take with us. We collect payment information, such as payment/debit card information and your billing address, and share these with our service providers that process your payment.

Newsletter – If you sign up to receive our newsletter (which you may do without registering for our classes), we will collect your name and email address.
Contacting Us – If you contact us, we will collect your name and any other information that you choose to provide to us.
Purchasing Products – When you purchase products on our Site, we collect information from you, including your name, shipping address, email address, telephone number, and your account username and password. We also collect payment information, such as payment/debit card information as well as your billing address, and share these with entities that process your payment. We and our service providers will collect information about you if you request a refund.

Information We Collect From Other Entities

Gifts – If someone purchase a gift subscription for you, we will receive the information they provide about you, including your email address, in order to process and send you that gift.
Ad Networks – As described in more detail below, we engage companies to help us collect information from our Site and App and use it for analytics, and to help us perform marketing, including targeted advertising generally. We receive information about you from those companies.

Information that We Collect About You from Social Networking Sites.

We collect information about you when you interact with us on social networking platforms. If you message us or tag us in a social network post, we will collect information about your message or the post we are tagged in. We do not typically associate this with your account.

Any social networking site controls the information it collects from you. For information about how they may use and disclose your information, including any information you make public, please consult their respective privacy policies. We have no control over how any unaffiliated site uses or discloses the personal information it collects about you.

Information We Collect Automatically.

We and our service providers automatically collect information about your use of our Services through cookies, web beacons, and other technologies, including technologies designed for mobile apps. We typically do not associate this information with your account.

When you visit our Site, we automatically collect the following information about you:

domain name;
your browser type and operating system;
web pages you view on the Site;
links you click on the Site;
your IP address;
the length of time you visit our Site and or use our Services; and
the referring URL, or the webpage that led you to our Site.

When you use our App, we automatically collect the following information about you:

mobile device ID;
device name and model;
operating system type, name, and version;
language information;
activities within the App;
the length of time that you are logged into our App; and
location information.

With your permission, we will collect location information from your mobile device to for analytics and to optimize content delivery to you. You may turn off this feature through the location settings on your mobile device.

Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

How We Use Your Information

We use your information, including your personal information, for the following purposes:

Transactional Purposes – For transactional purposes such as to provide our Services to you and to fulfill your orders.
Customer Service – For customer service purposes, such as to communicate with you about your use of our Services and to respond to your inquiries.
Customization – To tailor the content and information that we may send or display to you, to offer personalized help and instructions, and to otherwise personalize your experiences while using the Services.
Advertising and Marketing – For marketing purposes, including, where permitted by law, to email you offers that we believe may be of interest to you and to send you our newsletter. To assist us with advertising, including digital advertising and to measure the success of our advertising campaigns (including through unrelated channels (such as our online targeted advertising and offline promotional campaigns)).
Administration – For administrative purposes, including to manage our inventory; to help us better understand how our customers access and use our Site and App, including the pages viewed, ad impressions clicked, or other Site or App activity; to maintain security and operability of our Site and App (including for debugging purposes); to provide reports to prospective partners, service providers, regulators, and others; to implement and maintain security, anti-piracy, fraud prevention, and other services designed to protect you and us; to enforce this Policy, our Terms of Service and other policies.
Research and Development /Analytical Purposes – For research and development purposes, including to improve our Services, products, and customer experience; to understand what parts of our Site and App are most popular or to improve our Site and App; to understand our customer demographics; and for other research and analytical purposes.
Legal Compliance – To comply with applicable legal or regulatory obligations, including to respond to a subpoena or court order; to cooperate with law enforcement or other governmental investigations; and as part of legal proceedings.
Protection of Us and Others – Where we believe it is necessary to protect us and others, including, without limitation, to detect, prevent, and respond to fraud, security incidents, or other issues where we believe it is appropriate to protect us and others.

Customer Loyalty – To administer our customer loyalty program.
Surveys and Questionnaires – To administer surveys and questionnaires, such as for market research or member satisfaction purposes.

How We Share Your Information

We share your information, including personal information, as follows:

Service Providers – We disclose the information we collect from you to service providers who perform functions on our behalf. These service providers include entities that host our Site and App, help us stream live content to you on our Site and App, process your payments, and fulfill your orders for products or services, as well as process your refund requests, and assist us with class scheduling.

Affiliates – We disclose the information we collect from you to our affiliates or subsidiaries.
OM Body Users – Your user name and any information that you post to our Services, including, without limitation, reviews, comments, and text will be available to, and searchable by, all registered users of the Services.
Ad Networks – We disclose your email address and other information to unaffiliated entities such as network advertisers, including Facebook, who help us administer targeted advertising campaigns. For more information, see the “Ad Networks” section below.

We also disclose information in the following circumstances:

Business Transfers – If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we may share certain of your personal information with lenders, auditors, and advisors, including attorneys and consultants.
In Response to Legal Process – We disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
To Protect Us and Others – We disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.
Aggregate and De-Identified Information – We share aggregate, anonymized, or de-identified information about users with other entities for marketing, advertising, research or similar purposes.

Our Use of Cookies and Other Tracking Mechanisms

We and our service providers use cookies and other tracking mechanisms to track information about your use of our Site, App or Services. We do not typically associate this information with your user profile.

Cookies – Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site, App and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site, App and Services. There are two types of cookies: session and persistent cookies.

Session Cookies – Session cookies exist only during an online session. They disappear from your device when you close your browser or turn off your device. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site, App and Services. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site, App and Services.
Persistent Cookies – Persistent cookies remain on your device after you have closed your browser or turned off your device. We use persistent cookies to track aggregate and statistical information about user activity.

Disabling Cookies – Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site and Services who disable cookies will be able to browse certain areas of the Site, but some features may not function.

Flash Local Storage Objects – We may use Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions. To see the Flash LSOs currently on your computer, choose “Website Storage Settings Panel” and follow the instructions to review and, if you choose, to delete any specific Flash LSO.

Clear GIFs, pixel tags and other technologies – Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web and app pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site, App and Services to, among other things, track the activities of Site visitors and App users, help us manage content, and compile statistics about Site usage. We and our service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Analytics – We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site, and to the extent permitted, our App. We also may use other analytic means to evaluate our Site and App. We use these tools to help us improve our Site’s and App’s performance and user experiences. The entities operating these tools may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent your data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Cross-Device Use – We and our service providers, including Google, may use the information that we collect about you (whether directly from our Site, from our App, through your device(s), or from another entity) to help us and our service providers identify other devices that you use (e.g., a mobile phone, tablet, other computer). We, and our service providers also may use the cross-device use and other information we learn about you to serve targeted advertising on your devices and to send you emails. To opt out of cross-device advertising, you may follow the instructions set forth in the Ad Networks section below. Please note: if you opt out of these targeted advertising cookies, your opt-out will be specific to the web browser, app, or device from which you accessed the opt-out. If you use multiple devices or web browsers, you will need to opt out each browser or device that you use.

Do-Not-Track – Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt out of targeted advertising by following the instructions in the Ad Networks section below.
Ad Networks

We use unaffiliated entities, such as network advertisers, providers, sponsors and/or traffic measurement services (“Advertisers”) to serve advertisements on our Site, App, and on other entities’ websites or other media (e.g., social networking platforms). This enables us and these Advertisers to target advertisements to you for products and services in which you might be interested. Advertisers may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These cookies and other technologies are governed by each Advertiser’s specific privacy policy, not this one. We may provide our Advertisers with information, including personal information, about you.

We participate in the Facebook Custom Audience program. We share your email address with Facebook, which will assist in delivering relevant advertising to our customers who also use Facebook. Please refer to Facebook’s privacy policy for additional information.

Users in the United States may opt out of many ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and your choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and your choices regarding having information used by NAI members.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site, App, Services, or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

Links to Other Websites

Our Site, App and Services may contain links to websites owned or operated by entities not affiliated with us. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those websites. We are not responsible for the information practices of such websites.

User Generated Content

We invite you to post content on our Site and App, including your comments and pictures. If you post content to our Site or App, all of the information that you post will be available to registered users on our Site. If you post your own content on our Site, App or Services, your posting may become public and Tracy Anderson cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.
Security of My Personal Information

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
Access To My Personal Information

You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site or App for a period of time.
What Choices Do I Have Regarding Use of My Personal Information?

We may send periodic promotional emails to you. You may opt-out of promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us.

Children Under 13

Our Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

Special Information for California Consumers

California residents may request a list of certain third parties to which we have disclosed personally identifiable information about you for their own direct marketing purposes. You may make one request per calendar year. In your request, please attest that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at: cs@ombody.com. Please allow up to thirty (30) days for a response.

Contact Us

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at cs@ombody.com.

Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site and App. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site and App.