1. What personal information is collected from me?
Body Works Plus gathers and stores certain types of information whenever you use this Site or the services made available hereon (the “Services”). For example, like many Web sites, we use “cookies,” and we obtain certain types of information when your Web browser accesses this Site. Various third party companies offer utilities that are designed to allow or help you visit and use Web sites anonymously; please note, however, that Body Works Plus may not be able to provide you with a personalized experience on this Site if you choose to utilize any such utilities.
2. What are cookies and how are they used by Body Works Plus?
Body Works Plus may place Internet cookies on your hard drive. Internet cookies are small files that may be placed on your hard disk for record-keeping purposes. Cookies are used to (a) remind us of who you are in order to deliver you better service, (b) estimate our audience size by determining repeat usage of the Web site to help target advertisements based on user interests and behavior, (c) track your progress and entries in promotions, sweepstakes and contests, if any, and (d) measure certain traffic patterns for use as a research tool to understand how our users’ habits are similar or different from one another. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. By not accepting cookies, some Web pages of this Site may not display properly or you may not be permitted to access certain information.
3. Does Body Works Plus use Web beacons, and, if so, how?
Body Works Plus, or third parties acting on our behalf, may use web beacons on our site, in our e-mails, in our advertisements on other sites, or in our advertisements in others’ e-mails. A web beacon is an electronic image that can be used to recognize a cookie on your computer when you view a web page or e-mail. Web beacons help us measure the effectiveness of our site and our advertising in various ways, for example, by counting the number of individuals who visit our site from a particular advertisement or make a purchase from our site after viewing a particular advertisement as well as by telling us when a web page is viewed and providing a description of the page where the web beacon is placed. Web beacons also help us measure the effectiveness of our e-mail campaigns, for example, by counting the number of individuals who open or act upon an e-mail message, determining when an e-mail message is opened and determining how many times an email is forwarded.
The information we collect may include some limited personal information, and web beacons allow us to recognize users by accessing Body Works Plus cookies. We may also combine the information that we collect through web beacons with other personal information we have collected from you. We use all of this information to better tailor our marketing to you and may use this information for other purposes, such as to enable a shopping cart, customize content on our website and internal research purposes.
We do not allow third parties to place their own web beacons on our site or in our advertisements. We will not share any personal information collected through web beacons with any third party, except for service providers who act on our behalf and who are contractually prohibited from any other use or disclosure of the information.
You can make some web beacons unusable by rejecting cookies.
4. How is my information used?
We want to help you quickly find information regarding the Services on this Site and alert you to specific offers, updated information, and other new products and Services that are available. Accordingly, we may send you direct mailings or contact you by telephone about our various products and Services or other products and services we feel may be of interest to you. If you do not want to receive such mailings, simply “opt-out” by the means provided for (if any) in the mailings.
Notwithstanding the foregoing, Body Works Plus does research on our users’ demographics, interests and behavior based on the information provided to us during your use of this Site. This research is compiled and analyzed on an aggregated basis. Aggregated data does not include personally identifiable information. Body Works Plus may share this aggregated data with others. Body Works Plus also may combine your information with information we collect or receive from other companies and sources (such as demographic data) to improve and personalize our services.
5. What does “opt-out” mean?
To “opt-out” means that you have notified Body Works Plus that we no longer have permission to use your information for a particular purpose. For example, when we send you information on a new product, you will be given the opportunity to “opt-out” of receiving such information in the future.
6. Who is collecting my information?
When you are on this Site and are asked for personal information, you are sharing that information with Body Works Plus alone, except as provided herein or unless specifically stated otherwise on this Site. If data is being collected and/or maintained by any company other than Body Works Plus or an agent for Body Works Plus, you will be notified prior to the time of the data collection or transfer. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular Service or purchasing those particular goods.
7. With whom does Body Works Plus share my information?
Body Works Plus may share the personal data you provide or the information gathered by Body Works Plus to any party with your consent or, in any event, to Body Works Plus subsidiaries, agents, contractors and our business partners. Body Works Plus also may share information with the following groups: (a) affiliated business which Body Works Plus does not control but with which it engages in joint and co-branded offerings, (b) third party service providers in order to facilitate the performance of only those functions which are assigned to them, such as order fulfillment, data analysis, marketing assistance, provision of search results and links, credit card payment processing, and customer service, and (c) entities with which Body Works Plus may merge or which may acquire all or substantially all of Body Works Plus’s assets, as customer information likely will be one of the transferred assets.
In addition, Body Works Plus believes it is necessary to share information in order to (x) investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, and violations of the Terms of Service, (y) respond to subpoenas, court orders, or legal process, and (z) establish or exercise our legal rights, or defend against legal claims, and as otherwise required by law. Except as provided above or in the event of a merger, consolidation, or sale of all or substantially all of Body Works Plus’s assets, we will not share any of your information with any third party without your permission.
8. How do I access, update or delete my information?
If you wish to exercise a legal right that you may have under California law to learn whether we have disclosed your personal information to third parties for direct marketing purposes, please send a letter to the Privacy Officer at the address listed below requesting to know the type of such information we shared and the kinds of companies with whom we have shared it for such purposes, and we will tell you. If, to the extent required by law or otherwise, we notify you that the security of the information you submit has been compromised, then you agree that we may give you such notice by email instead of by regular mail.
Body Works Plus LLC
525 Parkwood Avenue
Charlotte, NC 28206
9. What else should I know about my privacy?
Third party Internet Web sites and services accessible through this Site have separate privacy and data collection practices, independent of us. Body Works Plus has no responsibility or liability for these independent policies or actions. Please be careful and responsible online. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we strive to protect your information, Body Works Plus cannot ensure or warrant the security of any information through the transmission process, and any transmission by you of information is done at your own risk.
When a child between the ages of 13 to18 attempts to register on the Site, he or she may register with the consent and involvement of a parent or guardian. Body Works Plus will not contact children under the age of 18 about special offers or for marketing purposes without a parent’s permission. Body Works Plus does not ask a child under the age of 18 for more personal information, as a condition of participation, than is reasonably necessary to participate in a given activity or promotion.
Body Works Plus uses its best efforts to protect your personal information and, to that end, uses tools such as encryption, passwords, and physical security to protect your personal information against unauthorized access and disclosure. However, no website can be absolutely secure, and third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from this Site. Therefore, although Body Works Plus works very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain absolutely private.
12. Other Legal Notices.
13. PERMISSION TO USE
I give Body Works Plus LLC, its employees, designees, agents, independent contractors, legal representatives, successors and assigns, and all persons or departments for whom or through whom it is acting, the absolute right and unrestricted permission to take, use my name, testimonial and biographical data and/or publish, reproduce, edit, exhibit, project, display and/or copyright photographic images or pictures of me, whether still, single, multiple, or moving, or in which I may be included in whole or in part, in color or otherwise, through any form of media (print, digital, electronic, broadcast or otherwise) at any campus or elsewhere, for art, advertising, recruitment, marketing, fund raising, publicity, archival or any other lawful purpose.
I waive any right that I may have to inspect and approve the finished product that may be used or to which it may be applied now and/or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the image or product.
I release and agree to hold harmless Body Works Plus LLC, its officers, employees, agents, departments, and/or others for whom or by whom Body Works Plus LLC is acting, of and from any liability by virtue of taking of the pictures or using the testimonial/biographical data, in any processing tending towards the completion of the finished product, and/or any use whatsoever of such pictures or products, whether intentional or otherwise.
I certify that I am at least 18 years of age and that this release is signed voluntarily, under no duress, and without expectation of compensation in any form now or in the future.