PRIVACY POLICY

 

The Class LLC (“The Class”, “we”, “our” or “us”) 270 Broadway, New York, New York 10007 owns and operates the website www.taryntoomey.com at which it offers the products and services described, including The Class, The Layer, The Airelume, The Retreatment and related activities (the “Services”).  We respect your right to privacy.  The purpose of this Privacy Policy (“Privacy Policy”) is to describe and disclose to you what kind of information we may collect from you and how we may use or disclose that information in connection with the Services.

 

As explained below, we collect information from you and other visitors and users (collectively, “you”, “your”, or “users”) of our website in various ways when you interact with our website (collectively, the “Site”), including, for example, registering for the Services, visiting or browsing through the Site for other purposes, or participating in or using any Service.  By using our Site and/or Services and providing any information to us through the same, you consent to our collection and use of information as explained in this Privacy Policy and agree to be bound by our Terms of Use.

 

Collection of Information About You

 

We collect non-personally identifiable information from you regarding your usage of our Site (“Non-Personally Identifiable Information”).  Non-Personally Identifiable Information may include, without limitation, website pages viewed in our Site, websites visited before coming to our Site, browser type, operating system, web pages clicked, time spent viewing pages on our Site, frequency of visits to our Site, connection speed, and your date(s) and time(s) of visits to the Site, and/or other information which does not specifically identify you.  We collect this information using various technologies (some of which are described below). We may use analytics programs and service providers, which can use first party cookies to report on your interactions with the Site. 

 

We also collect information from you when you interact with the Site in other ways, including but not limited to, registering for the Services.  For example, when you register for Services on the Site you will be voluntarily providing to us, through our vendor MINDBODY Inc., your first and last name, email address and postal or physical address, which is information that enables us to identify you personally (“Personally Identifiable Information”).

 

Please note that any Personally Identifiable Information or content that you voluntarily disclose in any potentially public areas of our Site becomes publicly available and can be viewed, collected, and/or used by other users of our Site.  You should therefore exercise caution before disclosing your Personally Identifiable Information via these public venues.

 

Use and/or Disclosure of Information About You

 

We will use the information we obtain about you in a manner consistent with this Privacy Policy.  We will use information you provide to us, including Non-Personally Identifiable Information or Personally Identifiable Information, in connection with receiving email notifications from us.  We may also use your information, including Non-Personally Identifiable Information or Personally Identifiable Information, to better serve you and enhance your experience with the Site, among other things.  This may include having to modify or copy such Non-Personally Identifiable Information or Personally Identifiable Information, or other information such as images or textual content you provide, in order to provide you with a seamless and enjoyable user experience on our Site or Services.  Toward these ends, you consent to our use and disclosure of any such information submitted to us via the Site or Services, or information collected when you access the Site or Services in any manner.

 

We may disclose your information to certain business partners for the purpose of providing the Services or to send marketing emails to you.  We may also use your information: (1) to market our other products and services to you and other visitors; (2) to conduct research and analyze data to improve our Site, or Services; (3) to deliver email messages, updates, newsletters, service announcements, or to respond to inquiries; (4) to monitor and prevent fraud, diagnose problems, and estimate demographic information; (5) to enable our vendors and contractors to provide and assist us in the marketing, operation, troubleshooting and analysis of our Site and Services; (6) to comply with and meet any legal or regulatory requirements; (7) to protect our Site or its users; (8) to engage in any other lawful activities we believe are consistent with the foregoing; and (9) when required by law or to protect against legal liability.

 

We may provide or obtain any of the above services through third parties, which may necessitate sharing Non-Personally Identifiable Information or Personally Identifiable Information with them.

 

We may also use and disclose Personally Identifiable Information and Non-Personally Identifiable Information: to investigate and help prevent potentially unlawful activity, fraud, or activities that threaten the integrity, functionality, or operation of our Site or Services; to protect and defend our rights or property or the rights or property of others; as required in any legal proceedings by courts, administrative agencies, or procedural rules; as required by federal or state laws; and in connection with a financing, sale, merger, or reorganization of our business or assets.  Any successor-in-interest to our business would acquire the information we maintain, including Personally Identifiable Information, and may alter the terms of this Privacy Policy.

 

We do not and will not sell any of your Personally Identifiable Information to any third party for purposes of marketing, advertising, or soliciting.  We may, however, have to disclose your information, including Non-Personally Identifiable Information or Personally Identifiable Information, to other companies or entities in the event that our business may be sold or is sold to another company or entity.  In that case, your information, including Non-Personally Identifiable Information or Personally Identifiable Information, may be sold or transferred to such acquiring company or entity.

 

Amending Your Information / Opt-Out Policy

 

If you need to review, amend, or delete any of your Personally Identifiable Information that you may have submitted to us in any manner, we recommend that you send us an email at: info@taryntoomey.com and we will make reasonable efforts to assist you and comply with your requests.  Please note, however, that notwithstanding any such requests you may not be able to review or amend certain information about you or related to your submissions to the Contest.

 

We may at times send you certain email communications, such as marketing or promotional emails, from which you may opt-out.  If you prefer not to receive such marketing or promotional e-mails from us, you may unsubscribe completely by selecting the “Opt-Out” or “Unsubscribe” link in the email containing the newsletter.  Please note that we will make reasonable efforts to process opt-out requests promptly, but, at times, the processing may take longer than that.  Please also note that at times we may need to send you e-mail communications that are transactional in nature such as service or announcements which are communications from which you will not be able to opt-out.

 

We are not responsible for removing, deleting, amending, retrieving, or modifying your Personally Identifiable Information from the lists of any Third Party Services or other third party who has previously been provided your information in accordance with this Privacy Policy.

 

You may stop or restrict the placement of certain cookies, such as Google’s cookies and third party cookies, on your computer by adjusting your web browser preferences or a “Do Not Track” setting in your web browser.  If you do so, you may still use our Site, but this may interfere with some of its functionality such as your ability to automatically sign into the Site with a saved password.

 

You may also clear or flush cookies from your computer via your web browser settings.  You may also wish to use a Google Analytics opt-out web browser add-on.  Information on this option is available at: 
http://support.google.com/analytics/bin/answer.py?hl=en&answer=2700409

 

Children’s Privacy Policy

 

The Site is not intended for use by children, especially those under eighteen (18) years of age.  No one under eighteen (18) years of age is allowed to use the Site or Services, provide any personal information or receive our email distributions.  We do not knowingly solicit or collect Personally Identifiable Information from children under the age of thirteen (13) or anyone under eighteen (18) years of age.  If you believe that a minor has disclosed Personally Identifiable Information to us, please report this to us immediately by emailing us at: info@taryntoomey.com.

 

Changes to This Privacy Policy

 

We reserve the right, in our sole discretion, to change, modify, add, or remove this entire Privacy Policy, or any portion of it, at any time.  Any changes or updates will be effective immediately upon posting to our Site, and we will make reasonable efforts to send to you at the email address that you provided a notice informing you that we have updated this Privacy Policy.  Notwithstanding that, you should review this Privacy Policy regularly for changes, and can determine if changes have been made by checking the Effective Date below.  Your continued use of our Site or Services following the posting to the Site of any changes to this Privacy Policy means you accept and consent to such changes.

 

Applicable Law and Jurisdiction

 

The Site is primarily maintained in the United States of America, but we may have other locations and may at times have to export your Non-Personally Identifiable Information or Personally Identifiable Information to other locations in foreign countries.  By accessing the Site, you consent to and authorize the export of your information to the United States of America or other foreign countries and its storage and use as specified in this Privacy Policy.

 

This Privacy Policy shall be governed by, construed and entered in accordance with the laws of the State of New York applicable to contracts deemed to be made within such state, without regard to choice of law or conflicts of law provisions thereof.  All disputes with respect to this Privacy Policy shall be brought and heard either in the New York State Courts located in the county of New York, New York, or the federal district court for the Southern District of New York.  You consent to the in personam jurisdiction and venue of such courts.  YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THIS PRIVACY POLICY AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Effective Date

 

This Privacy Policy was last updated on July 28, 2016.