Privacy Policy

Living-Now, Inc. - Thrive and Awaken - Privacy Policy

Effective date of current Privacy Policy: January 2021

HIGHLIGHTS:

We do not sell or share your Personal Information with other third parties or any THIRD-PARTY advertisers.

Cookies are used to make your experience easier such as when logging in, remembering classes YOU HAVE taken, and expediting purchases.  Cookies are not used to promote or sell products not associated with Thrive and awaken educational programs.

  1. PURPOSE

Welcome to our Privacy Policy! Living-Now, Inc., through its Thrive and Awaken educational program (“T&A”, “we”, or “us”) have adopted this Privacy Policy to let you know how we treat the information that we collect from you online, the kinds of information we may collect, how that information is used, with whom we share it and how you can opt-out of a use or correct or change such information. This Privacy Policy supplements and forms a part of the T&A Terms of Service (the “Terms”).

  1. SCOPE

This Privacy Policy applies to Personal Information that is Processed by T&A in the course of our business, including via the T&A Site, any computer interfaces, and through any of our classes, Apps, forums, social media accounts, blogs, and other online or offline offerings (together with any and all future online and offline offerings operated by or on behalf of T&A, the “Services”). All individuals whose responsibilities include the Processing of Personal Information on behalf of T&A are expected to protect that data by adherence to this Privacy Policy.

Residents of California should be aware that California law affords them certain rights regarding their Personal Information.

  1. TRANSPARENCY/NOTICE—TYPES OF PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT

The types of Personal Information we may collect (directly from you or from third party sources) and our privacy practices depend on the nature of the relationship you have with T&A and the requirements of applicable law. Some of the ways that T&A may collect Personal Information include:

You may provide Personal Information directly to T&A through interacting with T&A and its Services (including when you become a member or purchase a class), participating in surveys, during events, promotions, requesting services or information.

As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.

It is our goal to collect only that information which is relevant for the purposes of Processing Personal Information. Below are the ways we collect Personal Information and how we use it.

3.1 TYPES OF PERSONAL INFORMATION WE COLLECT

T&A collects Personal Information from its current, prospective, and former customers, members, users, visitors, and guests (collectively “Individuals”).

Information You Provide Directly to Us. When you use the Services, contact us directly, or engage in certain activities, such as purchasing T&A products or Services, participating in a class, we may ask you to provide some or all of the following types of information.

Purchases. When you choose to purchase T&A products or Services from us including products, such as apparel or classes, we may collect information from you including Personal Information, such as your name, email address, mailing address, phone number, payment information, such as a credit card number and/or other related information that may be required from you to complete your purchase (such payment information, “Financial Information”). Unless we tell you otherwise at the time of your purchase, your Financial Information is processed by our third-party processors and we do not collect, store or maintain your Financial Information. For more information on how your information is shared in these instances, please see Section 3.5 (“Third-Party Payment Processing”) below. We will also collect a username and password in connection with any account created related to providing our Services.

Anytime you log in to participate in a class, we will collect additional Personal Information, such as the total number of classes taken, the dates you took those classes, and any other information that may be available from time to time.  T&A Services that are specifically designed to be compatible and used on devices, such as mobile phones, smart TVs, and tablets may collect certain information that your device sends when you use such Services, like a device identifier, user settings, location information, carrier and the operating system of your device. In such cases, information about use of these Services may be associated with accounts. In addition, T&A may enable you to download an application, or other tool that can be used on mobile, tablet or other devices. Some of these tools may store information on your devices. These tools may transmit Personal Information to T&A to enable you to access accounts and to enable T&A to track and improve use of these tools.

You acknowledge that your Personal Information may be personal to you, and by creating an account and providing such information through the use of our Services, you allow T&A to identify you and therefore you may not be anonymous.

Images and Likeness. We may capture your visual image, voice and likeness (e.g., via photographs and/or video) if you participate in our classes, and may make use of such images or likenesses solely for T&A promotional purposes, for example, in videos offered to other members of the T&A website. Additionally, T&A Apps may contain a camera or microphone.

Other Personal Information. T&A may also collect other information from you as a result of your use of our Services, such as class attendance history, participation and purchase history. We may associate this information with other Personal Information that you have provided in order to improve and provide targeted Services that may be of interest and as otherwise described in this Privacy Policy.

Communications with Us. We may collect Personal Information from you such as your email address, phone number or mailing address, when you choose to request information about our Services, register to receive T&A communications over email or text messaging, participate in promotional programs that we may offer from time to time, request to receive member or technical support or otherwise communicate with us.

Posting on the T&A Website or Third-Party Services. T&A may offer publicly accessible blogs, social media pages, product review pages, video chat, community forums or user biographies. You should be aware that, when you disclose information about yourself on publicly available T&A’s blogs, social media pages, product review pages, community forums, user biographies and within any video chat sessions, T&A will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content, including reviews or community forums, to any public area of the Services or on any public sites operated by third parties, such content will be considered “public,” will not be subject to the privacy protections provided in this Privacy Policy, and may be used by T&A for promotional purposes.

Automatic Data Collection. We may collect certain information automatically through our Services or other methods of web analysis, such as your IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.

Information from Other Sources. We may receive information about you from other sources, including through third party services and organizations, to supplement information provided by you. For example, if you access our Services through social media sites such as YouTube or Facebook, we may collect information about you from that third party application that you have made public via your privacy settings. Information we collect through App Stores or social media accounts may include your name, your social media site user identification number, your user name, location, gender, birth date, email, profile picture and your social media contacts. This supplemental information allows us to verify information that you have provided to T&A and to enhance our ability to provide you with information about our business and Services.

3.2 HOW T&A USES YOUR INFORMATION

To Provide Services or Information Requested. T&A may use information about you to fulfill requests for products, Services or information, including information about potential or future services, including:

Generally manage Individual information and accounts;
Respond to questions, comments, and other requests;
Provide access to certain areas, functionalities, and features of T&A’s Services;
Assist with monitoring your usage trends;
Personalize information for you based on your settings and your historical information or data;
Provide Services to you;
Review and contact you to answer requests for member support or technical support; and
Allow you to register for classes and events.

Administrative Purposes. T&A may use Personal Information about you for its administrative purposes, including to:

Measure interest in T&A’s Services;
Develop new products and Services;
Ensure quality control;
Verify Individual identity;
Communicate about Individual accounts and activities on T&A’s Services, and, in T&A’s discretion, changes to any T&A policy;
Send emails or text messages to the email address or telephone number you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, delivery updates, or system maintenance;
Process payment(s) for purchases;
Process applications and transactions;
Prevent potentially prohibited or illegal activities;
Maintain and administer our Services; and
Enforce our Terms.

Marketing T&A Products and Services. T&A may use Personal Information to provide you with materials about offers, products and Services that may be of interest, including new content or services. T&A may provide you with these materials by phone, postal mail, text or email, as permitted by applicable law. Such uses include:

To tailor content and offers;
To notify you about offers, products and services that may be of interest to you or about which you have previously expressed an interest;
To provide Services to you; or
For other purposes disclosed at the time that Individuals provide Personal Information.

Otherwise with your consent. You may contact us at any time to opt-out of the use of your Personal Information for T&A marketing purposes, as further described in Section 5 below.

Direct Mail and Email. Individuals who provide us with Personal Information, or whose Personal Information we obtain from third parties, may, as permitted by law, receive periodic emails, newsletters, mailings, text messages or phone calls from us with information on T&A’s products and services or upcoming special offers/events that we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in Section 5 below.

Anonymous and Aggregated Information Use. T&A may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access T&A’s Services or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various Services. Anonymized or aggregated information is not Personal Information, and T&A may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes. We may share this information within T&A for our purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.

Other Uses. T&A may use Personal Information for which we have a legitimate interest, such as fraud protection or compliance with legal obligations, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.

3.3 COOKIES

We may use cookies, pixel tags, local storage and other technologies (“Technologies”) to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone or other devices that allow us to record certain pieces of information whenever you visit or interact with our website, services, applications, messaging and tools, and to recognize you across devices.

Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.

Social Media Widgets. The Site includes social media features such as links to Facebook, Instagram, Twitter, YouTube and LinkedIn (that might include widgets, such as, the share this button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on the Site and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy policy of the company providing it.

3.4 THIRD-PARTY WEBSITES and SOCIAL MEDIA PLATFORMS

The Service may contain links to other websites and other websites may reference or link to the T&A Site or other Services. We do not control these other domains and websites, and T&A does not endorse or make any representations about third party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting other websites or applications is at your own risk.

T&A’s Services may include publicly accessible blogs, vlogs, videos, posts, community forums, message boards or private messaging. The Services may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using the Services. You should be aware that Personal Information that you voluntarily include and transmit online in a publicly accessible blog, social media platform or otherwise online, or that you share in an open forum, may be viewed and used by others without any restrictions. We are unable to control such uses of your information when you interact with a third party platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

3.5 THIRD-PARTY PAYMENT PROCESSING

When you make purchases through the Services, we Process your payments through a third party application, such as via a Third-Party payment processor. In these instances, the third party application may collect certain Financial Information from you to Process a payment on behalf of T&A, including your name, email address, address and other billing information in which case the use and storage of your Financial Information is governed by the third party app’s terms, conditions and privacy policies. The use of that information by the financing partner will be subject to the financing partner’s terms, conditions and privacy policies. Our treatment of any Financial Information that we may Process on your behalf, or that we receive from our payment processors, is subject to this Privacy Policy.

  1. TRANSFERS— HOW T&A MAY DISCLOSE YOUR INFORMATION

4.1 INFORMATION WE SHARE

We may share your information as described in this Privacy Policy (e.g., with our third party service providers; to comply with legal obligations; to enhance the Services, to protect and defend our rights and property) or with your permission.

We Use Service Providers. We may share any information we receive with our service providers. The types of service providers to whom we entrust Personal Information include service providers for:

provision of IT, analytics and related services;
provision of information and Services you have requested;
payment processing; and
customer service activities such as member support.

T&A’s policy is to execute appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements, and this Privacy Policy.

We do not sell or share your Personal Information with other third parties or any third party advertisers.  You may opt-out of certain sharing provisions by following the instructions in Section 5 below.

Disclosures to Protect Us or Others. We may access, preserve and disclose your Personal Information, other account information and content if we believe doing so is required or appropriate:

to comply with law enforcement or national security requests and legal process, such as, a court order or subpoena;
to respond to your requests;
to protect yours, ours or others’ rights, property or safety;
to enforce T&A policies or contracts;
to collect amounts owed to T&A;
to comply with records retention policies;
when we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or
if we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of the unauthorized activities.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing, sale of company assets or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, T&A will endeavor to direct the transferee to use Personal Information in a manner that is consistent with the Privacy Policy in effect at the time such Personal Information was collected.

4.2 INTERNATIONAL DATA TRANSFERS

You agree that all Personal Information collected via or by T&A may be transferred, Processed and stored anywhere in the world, including but not limited to, the United States, Canada, the European Union, in the cloud, on our servers, on the servers of our affiliates or on the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities as described above. By providing information to T&A, you explicitly consent to the storage of your Personal Information in these locations.

  1. OPT-OUT (RIGHT TO OBJECT TO PROCESSING)

5.1 GENERAL

You have the right to object to and opt-out of certain uses and disclosures of your Personal Information, for example, where you have consented to T&A’s Processing of your Personal Information, you may withdraw that consent at any time and opt-out to further Processing by requesting to Opt Out under your Account Settings at the T&A Website.

Please note, even if you opt-out, we may still collect and use non-Personal Information regarding your activities related to our Service.

5.2 EMAIL, TEXT AND TELEPHONE COMMUNICATIONS

You can unsubscribe from email, text and phone communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us. To opt-out of receiving text messages, follow the opt-out instructions in the text messages that you receive from us. We will process your request within a reasonable time after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding T&A and our Services and, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy).

5.3 COOKIES

As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. If cookies are removed or opted-out, a login will be required each time the T&A website is visited, and any products in your cart will not be retained if you leave the checkout section.  Also, any content you may have viewed will no longer be highlighted, thus making it difficult to know what you have previously viewed and what you have not.

  1. DATA RETENTION

T&A retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws. When we are no longer required to retain your Personal Information as described above, we will destroy, erase, or de-identify it in accordance with our data retention policies and applicable law. Legal requirements, however, may require us to retain some or all of the Personal Information we hold for a period of time that is longer than that for which we might otherwise hold it.

  1. SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We maintain commercially reasonable administrative, technical and physical safeguards (which vary depending on the sensitivity of the Personal Information) designed to protect against unauthorized use, disclosure or access of Personal Information. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.

By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you.

Our Services are not directed to children under the age of 18.

  1. REDRESS/COMPLIANCE AND ACCOUNTABILITY

If you have any questions about our privacy practices, this Privacy Policy, or how to submit a complaint with the appropriate authority, please contact T&A by email at info@thriveandawaken.com. We will address your concerns and attempt to resolve any privacy issues in a timely manner.

  1. CHANGES TO OUR PRIVACY POLICY AND PRACTICES

This Privacy Policy may change from time to time. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services (as reflected in the above Effective Date). We may revise this Privacy Policy in our sole discretion, so please review it periodically. If you continue to visit the Site and use the Services after such changes have been made, you thereby provide your consent to the changes.

Posting of Revised Privacy Policy. If there are any material changes to this Privacy Policy, T&A will notify you by email or as otherwise required by applicable law. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice if applicable). If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.

New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of Personal Information is required by law or contract, T&A will endeavor to comply with the law or contract.