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LEGAL

Welcome to the Find Your Fit website, www.fyfyoga.com (the "FYF website"), owned and operated by FYF Group, LLC and its affiliates ("Find Your Fit"). Except as otherwise noted herein, these terms and conditions (the "Terms") govern your use of the FYF Website and Find Your Fit's services, applications, content and products (collectively, the "Site").

TERMS & CONDITIONS OF USE

ACCEPTANCE OF TERMS

 

Please read the following terms and conditions of use, because your use of the Site constitutes your agreement to follow and be bound by these Terms.  If you do not agree to these Terms, you should not access or use the Site. FYF reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. FYF provides you with access to and use of the Site subject to your compliance with the Terms.

 

PROMOTION CODES

 

Promotion codes for beta testing, free programs, or free content are non-transferable and cannot be combined with any other promo code. Offers may be modified or changed at any time without notice.

 

SITE CONTENTS

 

No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. You also may not, without FYF's written permission, "mirror" any material contained on this Site or any other server.  The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, "Materials and Content"), is FYF property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of FYF. We grant you a personal, limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely for your personal, noncommercial use as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion. The content on this Site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program, including but not limited to FYF yoga classes. FYF is not responsible for any medical or health problems that may result from your engaging in any activities described on this Site or from any information you obtain from this Site. If you ever feel discomfort or pain, you should not continue.

 

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

 

MINDFUL OF THE HIGH COST OF LEGAL DISPUTES, NOT ONLY IN DOLLARS BUT ALSO IN TIME AND ENERGY, BOTH YOU AND FYF GROUP, LLC AGREE  THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR VISIT TO THE SITE, OR TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH FYF (INCLUDING CLAIMS RELATING TO FYF'S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS MESSAGES SENT BY FYF, OR FIND YOUR FIT'S COLLECTION OR USE OF YOUR INFORMATION) ("DISPUTE") SHALL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT. ANY PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST TRY IN GOOD FAITH TO RESOLVE THE DISPUTE BY PROVIDING TO THE OTHER PARTY A WRITTEN NOTICE ("NOTICE") DESCRIBING THE FACTS AND CIRCUMSTANCES OF THE DISPUTE AND THE SPECIFIC RELIEF SOUGHT, AND INCLUDING ANY SUPPORTING DOCUMENTATION. THE NOTICE MUST BE MAILED VIA CERTIFIED OR REGISTERED MAIL TO:

 

FYF GROUP, LLC

4230 WEST 22ND STREET

CLEVELAND, OH 44109

 

OR TO YOU AT YOUR LAST-USED BILLING ADDRESS OR THE BILLING AND/OR SHIPPING ADDRESS IN YOUR ONLINE PROFILE. IF WE ARE UNABLE TO REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS SENT, EITHER PARTY MAY COMMENCE ARBITRATION. BY AGREEING TO ARBITRATION, YOU AND FYF ARE NOT LIMITING IN ANY WAY EITHER OF OUR STATUTORY OR COMMON LAW RIGHTS OR POTENTIAL REMEDIES TO WHICH EITHER OF US WOULD BE ENTITLED TO IF OUR DISPUTE WERE INSTEAD BEING HEARD IN A COURT. ANY ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION ('AAA'), ADR.ORG, 1.800.778.7879, AND PURSUANT TO THE THEN APPLICABLE AAA COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, IN PERSON IN THE COUNTY WHERE YOU LIVE, OR AT ANOTHER MUTUALLY AGREED LOCATION. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S APPLICABLE RULES. IN LIEU OF ARBITRATION, EITHER YOU OR FYF MAY ASSERT INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT CONSISTENT WITH THE JURISDICTIONAL AND DOLLAR LIMITS THAT MAY APPLY. THIS SECTION WILL SURVIVE AFTER THE TERMS OF USE TERMINATE OR YOUR USE OF THE SITE ENDS. IF YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY FYF INTELLECTUAL PROPERTY RIGHT (AS DEFINED BELOW), WE MAY BRING SUIT IN ANY STATE OR FEDERAL COURT IN THE STATE OF OHIO. YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.

 

CLASS ACTION WAIVER

 

You and FYF agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. If this class action waiver is found to be void or unenforceable, the Dispute shall be resolved in state or federal court rather than in arbitration. You further agree that you will not be a member of any putative or actual class in a class action brought by anyone else against FYF, nor will you seek to become a class representative. You further agree that in any action you initiate against FYF, any relief you seek will be confined to relief on your own behalf. This section will survive after the Terms of Use terminate or your use of the Site ends.

 

PROHIBITED USES

 

The Site may be used only for lawful purposes and is available only for your personal, non-commercial use which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information for your personal review. Any permission granted herein terminates automatically without further notice if you breach any of the Terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes. You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. FYF specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

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  • Posting any information which is incomplete, false, inaccurate or not your own

  • Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol

  • Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it

  • Communicating, transmitting or posting material that reveals trade secrets, unless you own them or have the permission of the owner

  • Communicating, transmitting or posting material that infringes on any other intellectual property, privacy or publicity right of another

  • Communicating, transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws

  • Attempting to interfere in any way with the Site's or FYF's networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system

  • Communicating, transmitting or posting material that is in violation of applicable laws or regulations

  • Using the Site to harass, disrupt, or unlawfully interfere with FYF business interests

 

LIMITS ON PURCHASES

 

In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase FYF merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of FYF merchandise, including, but not limited to, all purchases made at our retail stores, sample sales, warehouse sales and through our catalogs and websites. 

 

SECURITY RULES

 

Violations of system or network security may result in civil or criminal liability. FYF investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

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  •  Accessing data not intended for you or logging on to an FYF server or account that you are not authorized to access

  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)

  • Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "email bombing" or "crashing" the Site

  • Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site

 

PRIVACY POLICY

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Notwithstanding anything else to the contrary contained in these Terms of Use, FYF's collection, use, disclosure and sharing of any personally identifiable information you provide via the Site shall be governed by our Privacy Policy.  For further information regarding FYF's protection of your personal information, please refer to our Privacy Policy.

 

PRODUCT AND PRICING INFORMATION

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Although FYF has made every effort to display our products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the device display settings of the user, and FYF cannot guarantee that the user's device will accurately portray the actual attributes of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. FYF is not responsible for typographical errors regarding price or any other matter. Likewise, FYF does not warrant the accuracy of customer product ratings, comments or feedback.

 

PROPRIETARY RIGHTS

 

As between you and FYF (or any other company whose marks appear on the Site), FYF (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The FYF logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "FYF Intellectual Property") are owned by FYF and may be registered in the United States and internationally. You agree not to display or use FYF Intellectual Property in any manner without FYF 's prior permission. Nothing on the Site should be construed to grant any license or right to use any FYF Intellectual Property without the prior written consent of FYF. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by FYF. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.

 

USER CONTENT AND MATERIAL

 

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with #FYFYOGA or any other FYF promoted hashtag (collectively "User Content") shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to FYF and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. FYF will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. FYF shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. FYF retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content. By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, © contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by FYF, you will furnish FYF any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content  and you hereby agree to indemnify and hold FYF and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party. FYF does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge FYF and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by FYF or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, "moral rights," or rights of attribution and integrity. You acknowledge and agree that FYF has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. FYF acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If FYF becomes aware of any User Content that allegedly may not conform to these Terms, FYF may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. FYF has no liability or responsibility to Users for performance or nonperformance of such activities. FYF HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST FYF FOR SUCH REMOVAL AND/OR DELETION. FYF IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.

 

COPYRIGHT COMPLAINTS

 

FYF respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FYF with the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 ("DMCA"). Please be advised that to be effective, the Notice must include ALL of the following:

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  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;

  • information reasonably sufficient to permit us to contact the complaining party;

  • a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Notices of claimed copyright infringement and counter-notices should be directed to:


By mail:
FYF GROUP, LLC
4230 WEST 22ND STREET
CLEVELAND, OH 44109

 

By email: support@fyfyoga.com
 

(For both mail and email notices, please include "Notice of Infringement" in the subject line.) Upon receipt of notices complying with the DMCA, FYF will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. We may give you notice that we have removed or disabled access to certain content or material. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

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  • your physical or electronic signature;

  • identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

  • statement from you under the penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

  • your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which FYF may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING FYF ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER INQUIRIES, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND INSTEAD SHOULD BE SENT THROUGH THE MEANS DESCRIBED IN OUR CONTACT US PAGE OF THIS WEBSITE. 

 

DISCLAIMERS AND LIMITATION OF LIABILITY

 

FYF publishes information on its Site as a convenience to its visitors. While FYF attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The FYF products described on the Site may not be available in your region. FYF does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions. FYF is not responsible for any potential reactions, allergic or otherwise, that you experience when purchasing our products. Our products comply with all required federal and local regulations as to fabric content.  If you have questions about particular fabrics and potential allergies, we suggest you consult with your physician before making a purchase via this Website. You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS."

 

FYF DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FYF DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. FYF MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

FYF makes no warranties of any kind regarding any non- FYF sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and FYF makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non- FYF sites. FYF does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site. IN NO EVENT SHALL FYF, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF FYF OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

INDEMNITY

 

You agree to defend, indemnify and hold FYF, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.

 

GOVERNING LAW AND DISPUTES

 

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Ohio, without giving effect to any conflict of law provisions. Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return or other transaction with FYF shall be submitted to confidential arbitration in Ohio. However, if you have in any manner violated or threatened to violate any FYF Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in the state of Ohio. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

 

GENERAL INFORMATION

 

These Terms constitute the entire agreement between you and FYF and govern your use of the Site, and they supersede any prior agreements between you and FYF. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. FYF may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in FYF's sole discretion you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between FYF and you as a result of this Agreement or your use of the Site. Any claim or cause of action you may have with respect to FYF or the Site must be commenced within one (1) year after the claim or cause of action arose. The failure of FYF to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law. You may not assign the Terms or any of your rights or obligations under the Terms without FYF's express written consent. The Terms inure to the benefit of FYF's successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to our Contact Us page of this website.

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PRIVACY POLICY

FYF GROUP, LLC PRIVACY POLICY

Effective: November 25, 2022

 

SCOPE OF PRIVACY POLICY

 

This Privacy Policy describes how FYF GROUP, LLC (collectively, "FYF", "we", "our", or "us") collects, uses, and shares information about you ("you", "your", or "user") when you use our website with a homepage located at "fyfyoga.com", any applications we may provide (including mobile applications), together with all products and services we may offer from time to time via our website and/or related applications, our related social medial websites such as Instagram, Twitter, Facebook, or otherwise through your interactions with us (our website, applications, products, services, and social media pages, collectively, the "Services"). This Privacy Policy also describes your and our legal rights and responsibilities with respect to information which identifies you or which could be used to identify you such as your name and contact details, or your user account information, which we call "Personal Information" in the text below. "Personal Information" also may include information about how you use our website. FYF takes very seriously its responsibility to protect the safety and security of your Personal Information that we process and is committed to respecting your privacy rights.

 

APPLICABILITY OF FYF'S PRIVACY POLICY

 

This Privacy Policy is part of our Terms of Use that governs your access to and use of our Services. We will refer to access, use, transmission, and exchanges of information, availability or utilization of features, functions or activities, simply as "use" in the material below.

 

This Privacy Policy applies to Personal Information that we collect from or about you through the methods described below (see "Information We Collect" and "How We Use Your Information") to provide the Services. This Privacy Policy applies regardless of the means used to access or provide the Services. This Privacy Policy also applies to our targeted content, including online offers and advertisements for products and services, which you may see on third party websites, platforms and applications ("Offer Sites") based on your online activity. These Offer Sites may have their own privacy policies and terms and conditions. We encourage you to read them before using those Offer Sites.

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This Privacy Policy does not apply to information from or about you collected by third parties such as FYF's service providers, including, but not limited to, hosts for e-commerce, processors of payments on our behalf, and social media pages. The collection and use of your information by such third parties is governed by the relevant third party's privacy policies, statements, and practices and under no circumstances are we responsible or liable for any third party's compliance therewith.

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This Privacy Policy does not apply to websites that link to FYF's website or websites that may be accessed through our services or programs. We may provide links to other websites that contain information that we believe may be useful to you or that you will find valuable. However, we have not investigated the security of those linked websites and you should not assume those sites have a privacy policy equivalent to ours. If you access such a third party website through a link we provide, you will be subject to the privacy policy of the new site. FYF is not responsible for the contents of any linked webpages referenced from our website. If you have any questions regarding the privacy, security, or content of those sites, you should contact the appropriate contact(s) at those websites directly.

 

ACCEPTANCE OF PRIVACY POLICY

 

By using FYF'S Services, including our website, you signify your acceptance of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use FYF'S Services. Your continued use of FYF'S Services following the posting of changes to this Privacy Policy will mean that you accept those changes.

 

AGE OF CONSENT

 

By accessing FYF'S Services, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services.

 

INFORMATION WE COLLECT

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  • Information That You Provide: We collect information that you provide directly to us. For example, we collect information when you use our website, shop our products, call us on the phone, create an online account, sign up to receive our emails, participate in a giveaway sweepstakes, contest, promotion or survey, communicate with us via third-party social media sites such as Facebook or Instagram, reserve an FYF yoga class, request customer support, apply for a job or otherwise communicate with us. Providing your Personal Information to us is voluntary, however, if you do not provide some or all of the information we request, we may not be able to provide you with certain products, services or information.

    The types of information you may provide directly to us include, but are not limited to your name, shipping address, billing address, zip or postal code, telephone number, email address, birth date, credit card or payment information, product and communication preferences, family members, demographic information, or any other information that could be used to contact you or any other information that you may choose to disclose to FYF.

    In some cases, we may also collect information you provide about others, such as when you schedule an FYF yoga class, purchase a gift card for someone and request that we deliver it electronically, create and share a "wishlist" or decide to purchase and ship products to someone. We will use this information to fulfill your requests and will not send marketing communications to your contacts unless they separately opt in to receive communications from us.

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  • Information We Collect Automatically: In order to improve the overall quality of your online experience, FYF, its partners, and/or vendors automatically collect certain information about you when you access or use our website or Offer Sites, interact with our emails or online advertisements, or when you transact business with us. Information we automatically collect includes:

    • Log File Information: We collect information about your use of our website, such as the type of browser you use, access date/times, pages viewed, your Internet Protocol ("IP") address and the referring link through which you accessed our websites. An IP address is a number that automatically identifies the computer or device you use to access the Internet. The IP address enables our server to send you the web pages that you want to visit, and it may disclose the server owned by your Internet Service Provider. We track and aggregate certain information about the visits to our website to analyze trends and statistics such as general traffic flow and feature usage related to FYF'S website. We compile traffic-based statistics that show the numbers and frequency of visitors to our website and its individual pages. These are an aggregated statistical report that we use internally to better understand our website traffic, manage our website, and help diagnose any problems. FYF may also aggregate such information and make it available to others as part of its business; however, we will not identify you when providing such information or make it possible to identify you by others in providing this information.

    • Cookies: Our website, online advertisements, and emails use first and third-party "cookies", pixel tags, and other technologies to automatically collect information about you such as browser type, pages viewed, links clicked, and other actions you take in connection with our websites, online advertisements, and email. A cookie is data sent to your Internet browser from a Web server and stored directly on your computer hard drive. Cookies and similar technologies within a web browser allow us to collect and store data as you navigate our website. We use this information for various purposes, including to facilitate web page navigation, display information more effectively, personalize your online experience, to understand how our websites are used by users, market our products and services, measure the success of our marketing campaigns, and for security purposes.

      Most web browsers are set up to accept cookies. You can adjust your browser settings to refuse all cookies or to inform you when a cookie is being placed on your hard drive. However, certain features of FYF'S website may not work properly and you may be required to re-enter certain information each time you use our website. For example, to use our shopping cart feature, you must have cookies enabled. For more information about cookies and how to disable them, please see our Cookie Policy.

      Where we use Google Analytics, we have set up the service to anonymize your IP address as soon as data is received by the Analytics Collection Network, before any storage or processing takes place. To opt out of being tracked by Google Analytics across all websites please visit https://tools.google.com/dlpage/gaoptout.

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  • Transaction Information: When you purchase or return a product, we collect information about the transaction, such as product details and the date and location of the purchase/return.

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  • Mobile Information: When you access our website from a mobile or smartphone device, we may receive information about your location and your mobile device, such as unique device identifiers.

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  • Information From Third Party Sources: We may receive information about you from other sources, including service providers such as Shopify, PayPal, and Google, and through your interactions with us on social media websites. This information may be added to the information we associate with your account.

 

INFORMATION WE DO NOT INTEND TO COLLECT

 

When you create an account on our website, you may provide us information such as your first and last name, e-mail address, password, birthdate and other info you provide. FYF does not intend to collect and retain records of any sensitive personal information, data regarding minority status, or data received from third parties that is not expressly contemplated by this agreement or contractually authorized. We do not knowingly contact or collect information from persons under the age of majority in your state or province of residence. The Services are not intended to solicit information of any kind from persons under the age of majority in your state or province of residence.

 

SECURITY OF TRANSMISSION OF PERSONAL INFORMATION

 

Unfortunately, the transmission of information via the Internet or e-mail is not completely secure. Although we will do our best to protect Personal Information that you submit to us, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use commercially reasonable procedures and security features to try to prevent unauthorized access.

 

HOW WE USE YOUR INFORMATION

 

We may use your Personal Information to provide products and services and to support our business functions. For example, we may use this information for the following purposes:

Provide, Improve, and Develop the FYF Website.

 

  • Provide the Services to you

  • Process and fulfill your order, including by shipping products to you, or others you designate, and sending emails to you, or others you designate, to confirm your order status and shipment and to process merchandise returns

  • Provide customer service

  • Operate, protect, improve, and optimize the FYF Website and the user experience, such as by performing analytics and conducting research

  • Communicate with you and to send you information by email, postal mail, telephone, text message, or other means about our products, services, contests, support messages, updates, security alerts, and account notifications

  • Communicate with other persons using contact information you provide, such as when you designate another person as the recipient of a gift purchase

  • Make your shopping experience easier, more personalized, more enjoyable and more efficient

  • Address problems with and improve our products, brands, services and technologies, as well as to develop new products and services

  • Allow you to use our in-home, in-store and/or online technologies

  • Provide consistent, personalized services, including to personalize our advertising, marketing communications, shopping experiences and promotional offers

  • Organize local community events, promotions and in-store experiences

  • Facilitate your ability to share information to social media

  • Administer and fulfill our contests and other promotions

  • Help us learn more about your shopping preferences or product preferences

  • Fulfill a contract we have with you

  • Operate, protect, improve, and optimize the FYF Website and experience, and personalize and customize your experience (such as making automatically entering your saved shipping information), we conduct profiling based on your interactions with the FYF Website, your search and booking history, your profile information and preferences, and other content you submit to the FYF Website.

 

We process this information given our legitimate interest in improving the FYF Website and our users' experience with it, and where it is necessary for the adequate performance of the contract with you.

Create and Maintain a Trusted and Safer Environment.

 

  • Prevent, detect, mitigate and investigate fraud, security breaches and activities that are or potentially may be prohibited or illegal

  • Conduct security investigations and risk assessments

  • Verify or authenticate information

  • As we believe to be required or appropriate to protect the rights, property, safety and security of FYF and our employees, customers and others

  • As we believe to be required or appropriate under applicable law, to respond to requests from government authorities and to comply with legal process, investigations, regulatory or governmental enquiries or for other legal or regulatory purposes

  • Comply with our legal obligations

  • Resolve any disputes with any of our users or shoppers and enforce our agreements with third parties

  • Enforce our Terms of Use or other policies


Provide, Personalize, Measure, and Improve our Advertising and Marketing.

 

  • Send you promotional messages we believe may be of interest to you, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about FYF or partner campaigns and services) and social media advertising through social media platforms such as Facebook or Google).

  • Personalize, measure, and improve our advertising.

  • Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by FYF or its third party partners.

  • Conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the FYF Website, information obtained from third parties, and your search and booking history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you.

 

We will process your Personal Information for the purposes listed in this section given our legitimate interest in undertaking marketing activities to offer you products or services that may be of your interest. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your FYF Account.

Other Purposes.

 

  • When you consent to it

  • When it is necessary to protect your vital interests or that of another person

  • When it is necessary for the performance of a task carried out in the public interest

  • When it is in our legitimate interests. Legitimate interests are our business or commercial reasons for using your data, such as (i) keeping our records up to date (ii) providing the Services to you; (iii) maintaining or administering the Services (iv) performing business analyses or for other internal purposes to improve the quality of our business and the Services we offer; (v) prevention of fraud and financial crime to protect the public; (vi) communicating with you concerning programs or services consistent with our obligations to provide those services or otherwise; and (vii) participating in litigation, investigations, regulatory or governmental enquiries or for other legal or regulatory purposes involving our customers who use or have used our Services or other third parties. We will not unfairly place our legitimate interests above what is best for you.

 

HOW WE SHARE YOUR INFORMATION

 

We may share your Personal Information under confidentiality agreements with, or obtain data from, third parties in the following ways:

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  • Brands. When you provide Personal Information to one of our FYF GROUP, LLC. brands (FYF Yoga, FYF Threadz, etc), we may share that information with our other FYF GROUP, LLC. brands.

  • By You. You may disclose Personal Information when you post digital content to our website, third party websites, or other public forums, such as FYF'S social media pages, blogs, and online product reviews. Any information that you disclose through these services will become public.

  • Third Party Service Providers. We share your information with third party service providers who we work with or who manage our customer information and perform services on our behalf, such as hosting our e-commerce platform, fulfilling promotions, processing online payments, providing and maintaining website features, sending communications and products to our customers, and conducting surveys. Our third party service providers are only authorized to collect, use, and disclose your information to the extent necessary to allow the third party service providers to perform the services they provide to us. Certain third-party service providers have their own terms of use and privacy policies with respect to the information we are required to share with them in order to provide us with their services. For these third party service providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

  • Third Parties. We may share your information when we team up with another company to offer or provide products, services, contests, or promotions to our customers.

  • Social Sharing. Your Personal Information may be disclosed in connection with your social sharing activity, such as if you log into your customer account from your social media account. By connecting your customer account and your social media account, you authorize us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the social media site's privacy policy.

  • Legal Requirements. We may share information about you if necessary or appropriate to comply with laws or regulations or in response to a valid subpoena, court order, legal processes, or government request, or to protect the operations, privacy, safety, property or rights of FYF Group, LLC. or others, or when we believe it is necessary to share such information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law or to protect the public.

  • Business Transfer. In the event of a sale or merger of FYF Group, LLC. or any of our businesses, our customers' Personal Information and other information we have collected as described in this policy may be among the transferred business assets.

  • Other Disclosures. We may share your Personal Information with our legal, regulatory, audit, and other professional advisors. Those companies may use your Personal Information to assist us in our operations consistent with our legitimate business interests. We also may share information about you as described at the point of collection or otherwise pursuant to your consent or where FYF has a legitimate interest in doing so.

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These third parties do not have any independent right to share your Personal Information. We will exercise reasonable measures to have the third parties to whom we disclose your Personal Information respect your Personal Information and comply with applicable data protection laws.

 

HOW WE KEEP YOUR INFORMATION

 

We will store your Personal Information for as long as is necessary to achieve the purposes for which it was collected, whether that is to provide services to you, for our own legitimate interests (described above), or so that we can comply with the law. We reserve the right to retain it to the full extent not prohibited by law. We may delete Personal Information in our discretion, so you should retain your own records, and not rely upon our storage of any Personal Information, content, or other data.

We will review the information we hold and when there no longer is a user, legal, or business need for us to hold it, we will either delete it securely or in some cases irreversibly anonymize it. When we delete any information, it will be deleted from our active databases but may remain in our archives.

 

HOW WE PROTECT YOUR PERSONAL INFORMATION

 

To prevent unauthorized access, maintain data accuracy, and facilitate the correct use of Personal Information obtained through our website, we have put in place appropriate physical, technical, and operational measures to safeguard and secure the Personal Information we collect online against unauthorized access, unlawful use, accidental loss, corruption, or destruction.

We also use operational measures to protect your Personal Information, for example by limiting the number of people who have access to your membership information. Access to Personal Information is restricted to FYF staff members and third party service providers who require the access for specific purposes, such as helping us provide the Services to you.

We use technical measures such as password protection to protect your data and the systems where they are stored. However, messages you send to us through the Internet or otherwise electronically may not be secure. We recommend that you do not send any confidential information to us by email. If you choose to send confidential information to us, you accept the risk that a third party may intercept this information.

We make reasonable efforts to keep your information safe and secure while shopping.

 

LOCATION OF YOUR PERSONAL INFORMATION / YOUR PARTICULAR CONSENT

 

You are giving us the following particular express, voluntary, and informed consent to a few activities relating to your Personal Information that is disclosed in providing goods and services to you, or for a purpose directly related to such purpose:

 

Consent to International Transfer and Disclosure of Personal Information: FYF is located in the United States ("U.S.") and is subject to the applicable laws of the United States (where data privacy laws are less stringent than in the European Union and certain other jurisdictions). We will store and process information we receive about you, as described in this Privacy Policy, in the U.S. We are involved in business activities in a variety of countries. You agree that FYF and those with whom we share your Personal Information ("Recipients") may disclose, transfer, process, and store your Personal Information outside of your country of origin to our affiliates, sponsors and partners, and any other third party service providers for the purposes described in this Privacy Policy.

 

Some of the recipients of Personal Information as specified above may be located in countries that do not provide a level of data protection equivalent to that set forth by the European Union and some other jurisdictions. If you submit any Personal Information or choose to access or use the Services offered by FYF such as our website, you consent to such disclosure, transfer, process, and storage of information in accordance with this Privacy Notice and subject to such applicable laws which may include access by law enforcement and other government entities including courts and tribunals. If we do transfer Personal Information outside the U.S., we will make sure that it is protected in the same way as if it were being used in the U.S. We will use one of the following legally recognized safeguards protect your information:

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  • Transfer the data to a non-EEA country that has privacy laws at least as protective as those within the EEA, or

  • Put in place a contract with the recipient of the data, which means the recipient must protect the data to the same standards as required within the EEA, or

  • Transfer it to organizations that are part of the Privacy Shield. The Privacy Shield is a framework that sets out the standards for data to be sent between the United States and European countries. The Privacy Shield ensures that data are protected to the same standards as used within the EEA.

 

Consent to Electronic Notice If There is a Security Breach: We will take reasonable measures to safeguard your Personal Information and prevent such information from unauthorized access, disclosure, or use. However, there can never be a guarantee of data security. If we or a Recipient is required to provide notice of unauthorized access to or other invasion of certain security systems, you agree that we (or they) may do so when required (or voluntarily) by posting notice on our website or sending notice to any email address we have for you, in our (or their) good faith discretion. You agree that notice to you will count as notice to others for whom you are acting, and agree to pass the notice on to them.

 

YOUR OPT-OUT CHOICES

 

We also work with third parties (for example: Google, Facebook) to manage our advertising on other websites. Our third party advertising partners may use cookies or similar technologies on our website and other websites to provide you advertising based upon your browsing activities and interests, or to display ads that link back to our site. For more information about how targeted advertising works, you can visit the Network Advertising Initiative's educational page. You can opt-out of some, but not all, online behavioral based advertising by clicking here or by using your browser settings to block cookies or notify you when a cookie is set.

 

If you do not want FYF to send you email or postal mail regarding FYF or its Services, you can choose not to provide your Personal Information to FYF, even though it might be necessary to make a purchase or to take advantage of certain features on our Services. You may also manage, update and correct the information you provide as part of your online account by logging into your user account and clicking on the "Settings" hyperlink. If you choose not to give us certain Personal Information, you can still use many aspects of our website. However, you will not be able to access website areas that require account registration.

If you have previously opted-in to receiving marketing emails from us, you can update your preferences to tell us specifically what you are interested in hearing about by clicking on the preferences link included in the marketing e-mails. You can update your preferences at any time.

 

If you would prefer not to receive marketing emails sent by FYF, simply click on the "unsubscribe" link included at the bottom of any of those emails. If you opt out of receiving marketing emails, we may still send you other types of messages, such as purchase receipts, information about shipments, or emails about your user account.

 

YOUR RIGHTS OVER YOUR PERSONAL INFORMATION

 

EU Privacy Rights

 

If you are a European Union resident, in accordance with FYF'S policies and procedures you have the right to review, verify, correct, and request erasure of the Personal Information that we hold about you under certain circumstances. You also have the right to limit, restrict, or object to the processing of your Personal Information under certain circumstances. You may also have the right to request that we transfer your Personal Information to another party to the extent provided for under applicable data privacy laws. For more information on your rights, please see https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.

 

If you want to review, verify, correct, or request erasure of your Personal Information; limit, restrict, or object to the processing of your Personal Information; or request a transfer of your Personal Information to another party, please contact us at support@fyfyoga.com or write to us at:

 

FYF, LLC 

ATTN: Data Protection 

4230 WEST 22ND ST. CLEVELAND, OH 44109.

 

To protect your privacy and security, we also will take reasonable steps to verify your identity before granting access, making corrections, or following such a request to correct or delete your data.

 

When you contact us, we will respond as soon as possible and where possible within one month. If your request is more complicated, it may take longer to respond to you, but we will respond within three months of your request. There is no charge for most requests, but if you ask us to provide a significant amount of data, for example, we may ask you to pay a reasonable administrative fee. We also may ask you to verify your identity before we provide any information to you.

 

CALIFORNIA PRIVACY RIGHTS

 

The following section pertains to the rights of individuals or households in California ("California consumers").

 

Civil Code Section 1798.83: Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that customer's Personal Information with third parties for direct marking purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval or give customers a free mechanism to opt out of having their Personal Information disclosed to third parties for their direct marketing purposes.

 

Rights under the CCPA: After January 1, 2020, the CCPA (California Civil Code Section 1798.100 et seq.) will provide California consumers with additional rights regarding Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly with a particular consumer or household. The categories of Personal Information we collect are generally described above but differ for individual consumers depending on the Services used by such consumers.

 

Under the CCPA, qualifying California consumers may have the following rights:

 

Right to Know and Right to Delete.

 

A California consumer has the right to request that we disclose what Personal Information we collect, use, disclose and sell. A California consumer also has the right to submit requests to delete Personal Information. When we receive a request to know or delete from a California consumer, we will confirm receipt of the request within 10 days and provide information about how we will process the request, including our verification process. We will respond to such requests within 45 days.

 

Right for Disclosure of Information.

 

A California consumer may also submit requests that we disclose specific types or categories of Personal Information that we collect.

Under certain circumstances, we will not provide such information, including where the disclosure creates a substantial, articulable and unreasonable risk to the security of that Personal Information, customers' account with us, or the security of our systems or networks. We also will not disclose California consumers' social security numbers, driver's license numbers or other government-issued identification numbers, financial account numbers, any health insurance or medical identification numbers, or account passwords and security questions and answers.

Submitting Requests: If you are a California consumer and would like to make any requests under the CCPA, please write to us at the following address:

 

FYF GROUP, LLC

Attn: California Privacy Rights

4230 WEST 22ND STREET
CLEVELAND, OH 44109

 

Verifying Requests: If we receive any request we will use a two-step process for online requests where the California consumer must first, clearly submit the request and then second, separately confirm the request. We will use other appropriate measures to verify requests received by mail or telephone.

In submitting a request, a California consumer must provide sufficient information to identify the consumer, such as name, e-mail address, home or work address, or other such information that is on record with us so that we can match such information to the Personal Information that we maintain. Do not provide social security numbers, driver's license numbers, account numbers, credit or debit card numbers, medical information or health information with requests. If requests are unclear or submitted through means other than outline above, we will provide the California consumer with specific directions on how to submit the request or remedy any deficiencies. If we cannot verify the identity of the requestor, we may deny the request.

 

California Do Not Track Disclosure: Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. For information about Do Not Track, please visit www.allaboutdnt.org. At this time, we do not respond to Do Not Track browser settings or signals. For information about Do Not Track, please visit: www.allaboutdnt.org.

 

COMPLAINTS

If you have any complaints concerning FYF'S processing of your Personal Information, please email us at support@fyfyoga.com or write to us at:

 

FYF GROUP, LLC 

ATTN: Data Protection

4230 WEST 22ND ST. CLEVELAND, OH 44109.

 

Please note that if you are an EU Resident, you may have the right to lodge a complaint with a European Union supervisory authority that is responsible for the protection of Personal Information in the country where you live or work, or in which you think a breach of data protection laws might have taken place. You can learn more about these rights at https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.

 

Customers in the United Kingdom can contact the Information Commissioner's Office by telephone on 0303 123 1113, or by using the live chat service that is available through the Information Commissioner's website www.ico.org.uk.

 

CONTACT US

 

If you'd like more information about our privacy practices or want us to delete your Personal Information, feel free to contact us at support@fyfyoga.com.

 

FYF GROUP, LLC

4230 WEST 22ND ST

CLEVELAND, OH 44109

 

CHANGES TO THIS PRIVACY POLICY

 

FYF may change this Privacy Policy from time to time to reflect our current practices. Any changes to this Privacy Policy will be posted on this website and will be effective when posted unless another date is referenced in the notice. We recommend you check the Privacy Policy on a regular basis so that you know the current terms and conditions that apply to you. If you use our website after any changes are effective, you are agreeing to comply with and be bound by them.

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