Last modification date: March 1, 2021
Ballytotalfitness.com / Rock Fit, LLC (the “Company”, "we", "us", or "our") is committed to protecting the privacy of your personal information. This Policy describes the information we collect and how we use and disclose it. By visiting our Website and using our services, you are accepting the practices described in this Policy.
If you reside in the European Union, please see the Rights of European Union Residents section below. If you reside in California, please see the Rights of California Residents section below. Any provisions or terms used in the Rights of California Residents section are to be interpreted in accordance with Cal. Civ. Code Section 1798.140.
INFORMATION WE RECEIVE ABOUT YOU
We receive information about you when you visit our websites and/or use our services. This information includes certain personal information (information that can be used to personally identify you, either directly or indirectly) and certain non-personal information (information that does not permit a direct association with you). We may ask you to provide identifying information in order to access certain services, or as is necessary to fulfill our contractual obligations to you and for the limited business purposes identified below. Your disclosure of this information is voluntary. However, if you choose not to provide the requested information, you may be unable to access some or all of the services provided through our sites.
Personal and Usage Information
Your personal information may be obtained either directly by the Company or indirectly through its third-party partners. This information may include: your first name, last name, date of birth, gender, billing address(es), shipping address(es), email address(es), telephone number(s), payment information (payment method; credit card, debit card, gift card, rewards program, and coupon code information; and “Bill To” address), location information (store vicinity or “Ship To” address), photographic/visual images, video images, order and purchase history, shopping/purchase preferences and requests (including but not limited to wish lists), search queries, product and service preferences, and account information (including but not limited to username(s), password(s), and settings). Your usage information may also be obtained, such as connection, log and browsing data, the device(s) you use to access our Services, operating system, device information, unique device identifiers, Internet Protocol address, referring site/application, app version, visit metrics, action metrics, page view metrics, and search metrics.
Cookies and Tracking Technologies
HOW WE USE YOUR INFORMATION
Your information may also be combined with other information we collect as you interact with our brand across apps, social media and marketing messages we send you. Aggregating data allows us to update and correct the information contained in our database and to provide you with further information about our products. Your information may also be used to improve our products, enhance our marketing efforts, improve our online platform, perform data analytics, for troubleshooting and other internal systems functions, and to comply with requests for information as compelled by the legal process, such as subpoenas.
HOW WE PROTECT YOUR INFORMATION
We use reasonable security procedures to protect your information. Personal information collected through our website is stored in secure operating environments that are not available to the public. We use security policies, procedures, and tools which are intended to safeguard the personal information we collect. However, security of information, especially when transmitted through the Internet, can never be guaranteed. We are not responsible for any interception or interruption of any communications through the Internet or otherwise, or for changes to or losses of data. Users of our services are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of any of our website.
HOW YOUR INFORMATION IS SHARED OR DISCLOSED
We share your information with our trusted third party service providers who assist us in operating our website, conducting our business, servicing you, and marketing to you so long as those parties agree not to (1) sell personal information, (2) retain, use or disclose personal information for a need other than to perform business services, and (3) retain, use or disclose personal information outside of the direct business relationship. The California Consumer Privacy Act (CCPA) defines a "sale" of personal information as disclosing or making available to a third-party personal information in exchange for monetary or other valuable consideration. While we do not disclose personal information to third parties in exchange for direct monetary compensation, we do disclose or make available personal information to others for marketing, advertising and data analysis purposes and may receive services or benefits from them, including identifiers; customer records; commercial information; internet or other electronic network usage data; and profiles and inferences. We may also share your name and email information with our affiliated companies for marketing purposes.
We may also disclose personal information if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on us; (2) protect and defend our rights or property (3) act in urgent circumstances to protect the personal safety of users of the website or the public. We may at any time buy or sell/divest the company, or any combination of its products, services, assets and/or businesses. Personal information such as customer names and email addresses, and other user information related to the website will likely be one of the items transferred in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions or similar transactions or proceedings.
Anonymous and De-identified Information
We also may use anonymous and aggregated data sets and reports, or create them by de-identifying information, in order to assess, improve, and develop our business, products, and services; prepare benchmarking reports; and for research, analytics, and any other business purpose.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE
We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act), we do not knowingly collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
CALIFORNIA CONSUMER PRIVACY ACT RIGHTS
Notice at Collection. We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used, as provided earlier in this notice.
Right to Know:California residents are entitled to ask us for a notice describing (1) the categories of personal information we have collected in the preceding 12 months, (2) the categories of sources of that information, (3) the business or commercial purpose for collecting that information, (4) the categories of third parties and affiliates the information is shared with, (5) whether the information was sold, and (6) whether we sell the information of minors under 16 (we do not). If you would like a copy of this notice, you may submit a request by emailing email@example.com or place a request by calling this number: 855-666-7397. We will contact you to verify the request and will ask that you provide information that matches the identifying information you provided that we already maintain. Please allow up to 45 days for us to provide this notice.
Data Portability:California residents have the right to request a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance. If you would like a copy of this notice, you may submit a request by emailing firstname.lastname@example.org or place a request by calling this number: 855-666-7397. We will contact you to verify the request and will ask that you provide information that matches the identifying information you provided that we already maintain. Please allow up to 45 days for us to provide this notice.
Right to Request Deletion:California residents are entitled to request the deletion of their personal information collected or maintained by us. If you would like some or all of the personal information we have collected and maintained about you deleted, you may submit a request by emailing email@example.com or place a request by calling this number: 855-666-7397. We will contact you to verify the request and will ask that you provide information that matches the identifying information you provided that we already maintain. Please allow up to 45 days for us to provide this notice.
Right to Opt-Out:California residents have the right to opt-out of the sale of their personal information. If you would like your personal information to be deleted, you may submit a request by emailing firstname.lastname@example.org or by calling this number: 855-666-7397. We will contact you to verify the request and will ask that you provide information that matches the identifying information you provided that we already maintain. Please allow up to 45 days for us to provide this notice.
Authorized Agent:You have the right to designate an authorized agent to exercise your privacy right under California law. Any person seeking to exercise the privacy rights of another must either (1) provide written permission from the individual granted to the agent to act in this manner AND verify their own identity to us, or (2) provide a copy of power of attorney pursuant to Probate Code section 4000 to 4465.
Discrimination and Incentives. The CCPA prohibits discrimination against those who exercise their rights under the CCPA and imposes requirements on any financial incentives offered to California residents related to their Personal Information. A business may offer financial incentives for the collection, sale or deletion of California residents’ personal information, provided it is not unjust, unreasonable, coercive or usurious, and is made available in compliance with applicable transparency, informed consent, and opt-out requirements. California residents have the right to be notified of any financial incentives offers and their material terms, the right to opt-out of such incentives at any time, and may not be included in such incentives without their prior informed opt-in consent.
Shine the Light. Under California’s Shine the Light law Civil Code Section 1798.83), California residents with whom we have an established business relationship are entitled to request and receive, free of charge, once per calendar year, information about customer information obtained online that we shared, if any, with other businesses for their own direct marketing uses in the previous calendar year. You may call 855-666-7397 or email email@example.com to request a copy. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the "Shine the Light" law requirements and only information on covered sharing will be included in our response.
HOW WE RESPOND TO DO-NOT-TRACK SIGNALS
At this time our website does not recognize automated browser signals regarding tracking mechanisms, which may include "Do Not Track" instructions.
RIGHTS OF EUREPEAN UNION RESIDENTS
Residents of the European Union are entitled to access the personal information we keep about them, ask for the modification of such information, and receive such information in a structured and standard format. Residents of the European Union also may ask us to erase their personal information or restrict us from processing it . A resident of the European Union has the right to object to processing of their personal information. As permitted under European Union law, a resident’s request for erasure and objection to processing of their personal information may be subject to certain restrictions. To exercise such rights, please contact us via email at firstname.lastname@example.org, Residents of the European Union also have the right to lodge a complaint with a local regulatory authority about how their personal information has been processed.
DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE
By providing information to us, you and we agree that if there is any controversy, claim, action, or dispute arising out of or related to your use of our services or the breach, enforcement, interpretation, or validity of this Policy or any part of it ("Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Both you and we agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
The parties expressly agree that this arbitration provision and any arbitration under this agreement is governed and controlled by the Federal Arbitration Act. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be shall be exclusively submitted to JAMS, at offices closest to our principal place of business in California, for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties. The rules for arbitration may be reviewed at jamsadr.com.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Policy, including any claim that all or any part of this Policy is void or voidable.
In the event of a conflict between this agreement to arbitrate and any other arbitration agreement between you and us, such as an arbitration agreement contained in a retail installment sales contract, lease agreement, or repair estimate or repair order (Other Arbitration Agreement), the terms of the Other Arbitration Agreement shall govern and prevail in such instance.
PROCESS TO UNSUBSCRIBE FROM EMAIL OR TEXT COMMUNICATIONS
If you would like to discontinue receiving email marketing communications from us, simply click on the “unsubscribe” link included at the bottom of any of those email messages. If you no longer would like to receive marketing text messages from us, please reply STOP to a text message from us. If you opt out of receiving marketing emails or marketing text messages, we may still send to you other types of messages pursuant to specific transactions or other actions initiated by you, such as purchase receipts, information about shipments or emails about your account.
If you have questions about this policy, please contact us by email at email@example.com or by postal mail to: Rock Fit LLC, Attention: E-Commerce Department 5553-B Bandini Blvd. Bell, CA 90201.