This Privacy Policy describes how The Body Agency (collectively “we,” “our,” or “us”) collects, uses and shares Personal Data (as defined below) about you and the choices that are available to you with respect to our handling of your information. This Privacy Policy applies to the Personal Data that we collect when you interact with us both online and offline, including through our website, thebodyagency.com (“Website”) or through other services we provide (“Services”).

Please review this Privacy Policy carefully to understand what we do in regards to your information. This Privacy Policy should be read in conjunction with our Terms of Use. By accessing or using our Website or Services, you agree to the collection and use of information in accordance with this Privacy Policy. If you do not agree with our policies and practices, you can choose not to use our Website or Services.

1. Collection of Information

When you interact with us, we collect Personal Data and other information as part of our general business operations, to provide our Website and Services, to respond to requests and offer customer support, to fulfill legal and contractual obligations and to improve our Website and Services. When we use the term “Personal Data,” we mean information that can help us directly or indirectly identify you such as your name, address, telephone number, e-mail address, Internet Protocol (“IP”) address, or other online identifiers.

Depending on how you interact with us, we may collect different types of Personal Data, including the following:

  • Identifiers and Similar Information. Information including your first and last name, personal e-mail address, business e-mail address, postal address, date of birth, phone number, IP address, online identifiers, or other similar identifiers.
  • Payment Information. Information including your name, payment card, billing address, and shipping details.
  • Product or Commercial Information. Records of products or services purchased, obtained, or considered, or other purchasing histories or tendencies, including the types of products purchased, date of purchase, or other product identifying information.
  • Correspondence and Communications. Records of information provided by you when you contact us directly, apply for a job, respond to a survey, or interact with us on social media.
  • Professional or Employment-Related Information. This information includes your occupation, employer, title, education, certifications, language skills, and memberships.
  • Usage Data. Information about your use of the Website and Services such as your device information, browser type, the pages you visit, the date and time of your visit, and other diagnostic data. For more information on our collection of this type of information please review Our Use of Cookies and Other Tracking Technologies below.
  • Geolocation Information. Information about your location or the location of your device.
  • Audio, Visual Information, and Other Similar Information. We may collect some sensory related information such as images or audio information. For example, we may collect some visual information that you provide to us such as images you post on our site or on social media. We may also collect certain audio data when you communicate with us through our customer service line.

2. How We Collect Information

We collect some Personal Data directly when it is provided by you or your representative. Other Personal Data and other information may be collected automatically when you visit our Website or indirectly from other sources such as our service providers and vendors, software applications, and at events. Where required by applicable law we will not collect your Personal Data without your consent.

Depending on how you interact with us, we may collect Personal Data through various sources including:

  • Directly From You. When you interact with us directly, we may collect Personal Data and other information about you. For example, we will collect Personal Data about you when you create an account on our Website, purchase products, use or register for our Services, sign up to receive communications from us, provide comments on products, or contact us directly.
  • Automatically From Your Use of the Website or Services. When you visit our Website or interact with us through online media and advertisements, we may collect Personal Data and other information about your visit and/or interaction with the Website, which is automatically logged though the use of various tracking tools like browser cookies and web beacons. We collect information about users over time who use this Website and may also have third parties collect Personal Data in this way. To learn more about these tools and how you can control them please review the Our Use of Cookies and Other Tracking Technologies section below.
  • From Third Parties. We collect some Personal Data and other information from additional sources as permitted by law, including from entities that provide us services like payment processors, marketing partners, service providers, and others. We also collect Personal Data and other information about you when you engage with us on social media platforms, such as Facebook, YouTube, Instagram, Twitter, and LinkedIn, and recommend you review those platforms’ privacy policies.
  • We Combine Information We Have Collected From You. For example, we may combine information that we have collected offline with information we collect online, or we may combine information we get from third parties with information we already have about you.

3. How We Use Information

We may use Personal Data and other information for a number of purposes, including the following:

  • To Provide Services to You. This includes maintaining or servicing accounts, providing customer service, fulfilling and delivering orders, and processing customer requests.
  • Business Operations. This includes operating our Website, facilitating product purchases, accounting, auditing, billing, and collection activities.
  • To Communicate With You. For example, we will communicate with you about your account or our relationship, respond when you contact u, and provide you with information about your orders. We may contact you about your feedback or to tell you about changes to this Privacy Policy or our Terms of Use.
  • Marketing and Advertising. We may use your Personal Data and other information for our own internal marketing analytics and to provide you with information about our products and Services. For example, we may send you information about events, new products and special offers through email if subscribed, postal mail, or other communication channels. We may also use your Personal Data to serve you online ads about products and offers or to tell you about new features and updates. To manage your communication preferences, please contact us at hello@thebodyagency.com
  • To Improve Our Website and Services. For example, we or our service providers might use your Personal Data and other information to customize your experience with us, improve online shopping experiences, improve our customer service, and improve our products. We may also combine information we get from you with information about you that we have received from third parties.
  • To Fulfill Our Contractual Obligations. We may use Personal Data in performing our contractual obligations to a customer or others and our protecting legal rights.
  • For Security Purposes. We may use Personal Data and other information to protect our company and our customers, and websites. This includes detecting security incidents and protecting against malicious, deceptive, fraudulent, or illegal activity.
  • To Process Job Applications. We process Personal Data as necessary to assess your application and contact you about employment.
  • As Otherwise Permitted by Law or as We May Notify You. We may use your Personal Data when directed by you or with your consent as required by law, or as otherwise required by law.

4. How We Share Information

We may share or disclose information, including your Personal Data to third parties under certain circumstances, including the following:

  • With Our Affiliates and Service Providers. We may share your Personal Data with service providers, including our affiliates, to provide certain services to us such as warehousing and delivery, facilitation of purchases, marketing and advertising, software development, website hosting and management, information technology and other services used to provide our Services. For example, we use Shopify to power our online store and facilitate purchases. To learn more about how Shopify uses your Personal Data, please review Shopify’s privacy policy, available here: https://www.shopify.com/legal/privacy.
  • With Business Partners. We may share your Personal Data with our business partners to offer you certain products, services, or promotions.
  • With Other Users. When you share Personal Data or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If you interact with other users or register through a social media service, your contacts on the social media service may see your name, profile, pictures, and description of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you, and view your profile.
  • With Your Consent. We may disclose your Personal Data for any other purpose with your consent.
  • Business Transactions or Transfers. We may share or transfer your Personal Data in connection with, or during negotiations of, any merger, sale of our assets, financing, or acquisition of all or a portion of our business to another company.
  • Other Legal Requirements. We may disclose your Personal Data in the good faith belief that such action is necessary to comply with a legal obligation, to protect and defend our rights or property, to prevent or investigate possible wrongdoing in connection with our Website, to protect the personal safety of our users or the public, and to protect against legal liability.

5. Our Use of Cookies and Other Tracking Technologies 

Our Website uses certain technologies to collect information from you when you visit our Website and use our Services. Cookies may also be used by our service providers or other business partners. Below, we described the types of cookies (as defined below) we use, and how you can control our use of cookies.

Types of Cookies We Use

As mentioned above, we will collect certain Personal Data about you automatically when you visit the Website. We collect such information through the following technologies (collectively “cookies”):

  • Cookies. Cookies are small data files stored on your browser or device. Cookies may be served by the entity that operates the website you are visiting (“first-party cookies”) or by other companies (“third-party cookies”). Additionally, some cookies may be temporary and erase when you close your browser (“session cookies”), and others may remain for a set duration (“persistent cookies”).
  • Log Files. Tools that track actions occurring on the site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
  • Web Beacons. These “tags,” and “pixels” are electronic files used to record information about how you browse the Website.
  • Social Media Widgets. These are tools that allow us to provide certain social media features such as links to Facebook, Instagram, and Twitter. These social media features are either hosted by a third party or hosted directly on the Website. Your interactions with these features are governed by the privacy policy of the company providing it.

We use different types of cookies that provide various services, including:

  • Strictly Necessary Cookies. These cookies are required for the operation of our Website and include, for example, cookies that enable you to log into secure areas of our Website, use a shopping cart or make use of e-billing services.
  • Analytics/Performance Cookies. These cookies allow us to recognize and count the number of visitors and to see how visitors move around our Website when using it. This helps us to improve the way our Website works, for example, by ensuring that users are finding what they are looking for easily. We use Google Analytics to understand how visitors interact with our Website, such as how you use the Website or the pages you visit. Google Analytics uses its own cookies. You can read more information about how Google Analytics uses cookies here. You can also prevent the use of Google Analytics relating to your use of our Website by downloading and installing the browser plug-in from here.
  • Functionality Cookies. These cookies are used to recognize you when you return to our Website. This enables us to personalize our content for you, greet you by name and/or remember your preferences (for example, your choice of language or region).
  • Advertising/Targeting Cookies. These cookies may be set by us, our service providers, and our advertising partners, including social media websites, like Google, Facebook and Instagram. These cookies may be used by those companies to show you relevant or personalized content or advertising on this and other sites, apps, or platforms, including social media.

How to Control Cookies

You can control our use of cookies through various tools:

  • Internet Browser. You can also control cookies through most browsers by changing your cookie settings, which are typically found in the “options” or “preferences” menu of your browser.
  • Third Party Tools. You can visit http://www.allaboutcookies.org/ where you will find comprehensive information on cookie management and blocking which pertains to a wide variety of browsers.
  • Cookie Banner. You can change your cookie preferences at any time by accessing our cookie banner, available here, including, where applicable, withdrawing any consent you provided at any time.

6. Interest-Based Advertising

We and our partners work with third parties, including Facebook and Google Ads, to display relevant advertising on our Website and to manage our advertising on other websites. These entities may use cookies, web beacons and other technologies to collect personal information about your use of our Website, such as your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit http://optout.networkadvertising.org. To opt out of ads on Facebook or Google that are targeted to your interests, use your Facebook or Google Ads settings.

7. Data Retention

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

8. Transfers and Users Outside the United States

Our company is based in the United States and as such we or our service providers may transfer your Personal Data to, or store or access it in the United States. When you provide Personal Data to us from outside of the U.S., please be aware that we will receive and process it in the U.S. and that U.S. data protection laws may be different from those of your country of residence. To the extent required by applicable law, when we transfer your personal data to recipients in other countries, we will take measures to protect that information.

9. Children’s Information 

Our Website and Services are not intended for individuals under 18 years old. If you are under 18 years old, please do not access our Website or Services. We do not knowingly solicit or collect any Personal Data from children under 13 years old through our Website or Services. If you believe we may have inadvertently collected Personal Data from a child under 13 years old through our Website or Services, please contact us at info@thebodyagency.com. We will delete such information within a reasonable time.

10. Security of Your Information

The security of your Personal Data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

11. Your Rights

Under applicable law, you have certain rights relating to our collection and use of your Personal Data, including:

  • Opt Out of Receiving Our Marketing Emails. To stop receiving our promotional emails, follow the opt-out link in any of our promotional emails.
  • Request Access, Correction, and Deletion of Your Information. You can request access to the Personal Data that we hold about you, to correct any information that is incomplete or wrong, and that we delete such information (where possible). You can make such a request by contacting us at info@thebodyagency.com. Please note that we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
  • Control Cookies and Tracking Tools. As discussed above, we may use tracking tools and cookies. To learn how to manage these cookies and other tracking tools, please review Our Use of Cookies and Other Tracking Technologies above.
  • You Have Other Controls You Can Exercise. You can choose whether to share Personal Data with us. If you choose not to share your Personal Data some parts of our sites and some services may be more difficult or impossible to use.

12. California Privacy Rights

If you reside in California, you have the right to ask us one time each year if we have shared Personal Data (including “personal information” as defined under applicable California law) with third parties for their direct marketing purposes. To make a request, please contact us here info@thebodyagency.com. Include “Privacy Policy” as the subject of your message, and indicate in your message that you are a California resident making a “Shine the Light” inquiry. Please note, however, that we do not currently disclose any of your Personal Data to third parties for their direct marketing purposes.

Some web browsers have a “Do Not Track” feature. This feature lets you tell websites you visit that you do not want to have your online activity tracked. These features are not yet uniform across browsers. Our site is not currently set up to respond to those signals.

13. Nevada Residents 

Nevada law gives consumers (as defined under Nevada law) the right to request that we not “sell” Personal Data (including “personal information” as defined under applicable Nevada law) for monetary consideration to certain other parties. To submit such a request, please contact us at info@thebodyagency.com. However, please note that we do not “sell” your Personal Data as that term is defined under Nevada law.

14. Links to Other Websites 

Our Website may contain links to other websites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party sites or services.

15. Updates to the Privacy Policy

We may update this Privacy Policy from time to time. We will let you know via email and/or a prominent notice on our Website prior to the change becoming effective and update the “Last Updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

16. How to Contact Us

If you have any questions about this Privacy Policy, you can contact us at info@thebodyagency.com.