This Privacy Policy (“Policy”) describes how Pvolve, LLC
(“Pvolve”, “We”) collects, uses, maintains, and discloses
information that We obtain about users (“you”) of our website
www.pvolve.com (the “Site”), our mobile application (the “App”),
and the services available through our Site and App, and
information we collect about you offline, such as when you call
us or attend an in-person class (collectively, the “Services”).
This Policy also outlines your rights and choices with regard to
the information collected about you. Your use of our Services,
and any dispute over privacy, is subject to this Policy and any
other applicable agreements between you and Pvolve, such as
our Terms of Service.
For California residents, please see the section at the end of
this Notice entitled Important Additional Privacy Information
for California Residents (the “California Section”), which
specifically discusses California residents’ rights with respect
to the personal information we collect. If any other section in
this Privacy Notice can be read to conflict with the California
Section, then the California Section controls with respect to
California residents.
For residents of the European Union, please see the EU Specific
Terms regarding the General Data Protection Rules (GDPR) set
forth here.
INFORMATION WE COLLECT
We collect information, including personal information, about
you from a variety of sources, including, information that we
collect directly from you; information that we collect from
other entities; and information that we collect automatically
when you use our Services. The type of information that we
collect about you depends on your interaction with us. We may
combine the information about you that we collect from these
various sources.
Information We Collect Directly from You. We collect
identifying information, financial information, demographic
information, purchase history/customer records, and other
information as described below when you use our Services or
otherwise interact with us. In particular, we collect
information from you when you take the following actions:
Register for an Account. We collect information, including
personal information, about you directly from you. For example,
when you register for an account with us, we collect your full
name and email address. You have the option of submitting your
weight and height and your interest in weight loss.
Access our Services from a Third Party. You may also sign
into our Services using third party accounts, such as Google or
Facebook accounts. When you log in through these third party
accounts, you must grant us permission to access and use certain
information from these accounts.
Contact Us or Sign Up for Emails. When you call our
customer service center, your call will be recorded. You can
also sign up to receive emails and offers from us by submitting
the information requested at sign-up.
Complete Surveys and Quizzes. We collect information,
including personal information, about You when you fill out our
fitness assessments.
Use Our Services. We collect information about your use of our
Services, such as visits to our site, purchases, time on site,
video views and communications with the Company.
Other Information We Collect Automatically Through Our
Services. We automatically collect information about you
through your use of our Services. The type of information that
we collect varies depending on the settings of your web browser
or device, but it may include the pages you view on our Site and
App; the date and time you access our Site and App; how long you
use our Services; the type of web browser you are using (for
example, Firefox or Chrome); the type of device you are using
(for example, whether you are using a mobile device); and your
Internet Protocol address; device ID; App identifier;
advertising ID; and your location information (collected, e.g.,
through our analytics providers such as Google) (collectively,
“Usage Data”). Our service providers also may track your
behavior through links that you click on our Site and App (e.g.,
if you link to a retailer through our Services, our service
providers may evaluate whether you completed a purchase on a
non-affiliated site). See the section below titled Cookies for
more information. We do not typically associate this information
with the personal information that we collect about you.
Information We Collect from Other Sources: We collect
information about you from other sources, including the
following:
Chat Feature: When you access our Chat feature, our third-party
service provider may record your chat for quality and training
purposes. That Chat may be shared with us for customer service
reasons. By using Chat, you consent to these uses.
Your Friends: We may collect information about you if your
friends purchase a gift or product for you or if they refer you
to our Services.
Social Media: If you post information on our social media
pages, we may collect the information that you post. We also may
obtain information about you through your social media pages
that you have made public if you mention us in a post. Our
collection of information about you is governed by the social
media page and not this policy. We do not typically associate
your social media information with the personal information we
collect about you. As stated above, you may log into p.volve
using credentials associated with your social media accounts; we
collect information from the social media platform as described
above.
Internet Service Providers, Operating Systems, Analytics
Providers: As stated above, we collect data automatically
through your use of our Services. This information may come from
internet service providers, operating systems, and analytics
providers that provide services on our behalf.
Advertising Networks: We engage (either directly or through
a marketing agency) advertising networks to assist us with our
targeted advertising. These advertising networks typically do
not provide information back to us about you as an individual,
but we may learn more broadly about the success of our
advertising campaigns through these entities.
Specific Personal Information We May Collect: We may
collect the following categories of personal information:
Name, Contact Information and other Identifiers: Identifiers
such as a real name, alias, unique personal identifier, online
identifier, Internet Protocol (IP) address, email address,
account name, or similar information.
Customer Records: Paper and electronic customer records
containing personal information, such as name, photographs (if
you choose to post on our Site or App), responses to our fitness
assessments, address, telephone number, credit card number or
debit card number.
Purchase History and Tendencies: Commercial information
including products or services purchased, obtained, or
considered, or other purchasing or use histories or tendencies.
Usage Data: Internet or other electronic network activity
information, including, but not limited to, browsing history,
clickstream data, search history, and information regarding
interaction with our Site, App, or advertisements, including
access logs and other activity information related to the use of
our Services.
Geolocation Data: We collect data about your location with your
consent as described above.
Audio, Video and other Electronic Data: We record calls if you
contact our customer service center.
Profiles and Inferences: Inferences drawn from any of the
information identified above to create a profile reflecting a
user’s preferences and purchase tendencies, which may be used
for targeted advertising.
HOW WE USE YOUR INFORMATION
We may use your information, including personal information and
User Content, as defined below, for the following purposes:
Transactional Purposes/Service Provisioning. To provide and
maintain our Services; to establish and update your account; and
for other transactional purposes.
Administration. For administrative purposes; to improve our
Services; to develop new features, products, or services; to
authenticate users; to perform technical operations, such as
updating software; to assign, track, issue and post rewards and
credits to users accounts and administer our member rewards
program; to maintain security and operability of our Site and
App (including for debugging purposes); to provide reports to
prospective partners, service providers, regulators, and others;
to implement and maintain security, anti-piracy, fraud
prevention, and other services designed to protect you and us;
to enforce this Policy, our Terms of Use, and other policies.
Customer Service and Communications. To communicate with
you about your account and use of our Services via email and
push notification or our customer service center, including to
send you product updates; and to respond to your inquiries.
Personalizing Content and Ads. We may use the information
we collect about you to personalize the information and content
we display to you, including marketing, promotional, and
sponsored content, as well as providing you with more relevant
ads. For example, we may use your information to personalize
workouts and products based on your interest and preferences and
to support you with your workout motivation.
Marketing and Advertising. To provide you with news and
newsletters, special offers, promotions, and other information
we think may interest you; and for other informational,
marketing, or promotional purposes.
Research and Development/ Analytics. For research and
development purposes, including to analyze trends, improve our
Services, products, and customer experience, which may include
an analysis of photos or images; to understand what parts of our
Services are most popular or to improve upon our Services; to
understand our customer demographics; and for other research and
analytical purposes.
Protection of Us and Others. To protect the safety, rights,
property, or security of Pvolve, the Services, any third party,
or the general public; to detect, prevent, or otherwise address
fraud, security, or technical issues; to prevent or stop
activity that we consider to be, or to pose a risk of being, an
illegal, unethical, or legally actionable activity; to use as
evidence in litigation; to enforce this Policy or our Terms
of Service; and in connection with a business reorganization.
Legal Compliance. To comply with applicable legal or
regulatory obligations, including as part of a judicial
proceeding; to respond to a subpoena, warrant, court order, or
other legal process; or as part of an investigation or request,
whether formal or informal, from law enforcement or a
governmental authority.
Additional Note Regarding Aggregated and Deidentified
Data: We may use data in aggregated and deidentified form
for research, analytics, marketing, and any other purposes.
SHARING INFORMATION
We may share your information, including personal information,
with the following:
Site and App Users. Any content you post within the
Services is viewable by other users and Site visitors. You may
post or upload materials, comments, reactions and other content
or information to our Services, collectively, “User Content”).
If you post User Content on our Services, the User Content, as
well as other information, such as your Pvolve profile and your
comments may be available to all Pvolve users. We cannot prevent
such information from being used by others in a manner that may
violate this Policy, our Terms of Service, the law, or your
personal privacy. In addition, if you post to social media
networks, such as Instagram, using “#Pvolve,” your
username, photo, and post will be visible to all other Instagram
users, according to Instagram’s own policy.
Marketing Partners. We may also disclose aggregate,
anonymous, or de-identified information about users for
marketing, advertising, research, compliance, or other purposes.
Service Providers. We may disclose your information to our
vendors agents, or others who perform functions on our behalf.
For example, we may disclose your information to service
providers to process payments on our behalf, host our Site and
App, analyze aggregate information about our customers, assist
us in detecting and deterring fraud, security incidents, or
other unlawful activity, and for other business purposes as
described above in how we use your information.
Analytics Providers/Advertisers. As set forth above, we
share information with analytics providers and advertisers to
assist us in implementing and evaluating relevant advertising.
Often the information that we share is collected from you
through cookies and other tracking technologies set forth on our
Site and App. We also may disclose certain information (such as
your email address) to Facebook Custom Audience, which may use
it to target advertising to you. See Opt-out of Interest Based
Advertising below.
Internet Service Providers/Operating Systems and Platforms: We
may share your information with ISPs and operating systems to
assist us in managing your preferences.
We may also share your information in the following ways:
Business Transfers. We may share your information with
another entity if we or any of our current or future corporate
relatives are acquired by or merged with another legal entity,
if substantially all of our assets or the assets of one of our
corporate relatives are sold or transferred to another legal
entity, as part of a bankruptcy proceeding, or as part of a sale
of a business or a similar transfer of assets.
In Response to Legal Process. We share your information
when we believe it is appropriate to comply with the law or a
regulatory requirement; to comply with governmental,
administrative, or judicial process or other similar requirement
or order, such as a subpoena or court order; to cooperate with
law enforcement or other governmental investigations (without
necessarily requiring the law enforcement or government agency
requesting the information to formally serve us with a
subpoena); or as evidence in litigation in which we are
involved. We also reserve the right to report to appropriate law
enforcement or governmental agencies any activities that we
believe are in violation of applicable laws, rules, or
regulations without providing notice.
To Protect Us and Others. We share your information where
we believe it is necessary to prevent or investigate a possible
crime, such as fraud or identity theft; to enforce a contract;
to protect the legal rights, Site, App, or safety of you,
Pvolve; its corporate relatives, and their respective employees,
clients, partners, agents, other users, or the public in
general; to enforce our Terms of Use or this Policy; and to
monitor and remediate security issues.
Aggregate and De-Identified Information. We may disclose
aggregate and de-identified information about our customers for
marketing, advertising, research, or other purposes.
LINKS
Our Services may contain links to third-party websites and
applications that may direct You away from our Site or App. Any
access to and use of such linked websites and applications is
not governed by this Policy but instead is governed by the
privacy policies of those parties. We are not responsible for
the information practices of such third-party websites or
applications and recommend that you read their privacy
statements.
SECURITY
We have taken steps to help protect the information we collect
about you from loss, misuse, unauthorized access, disclosure,
alteration, and destruction. However, no data security measures
can guarantee 100% security. Please note that we cannot
guarantee the security of any information we have collected
about you, and your use of our Services indicates that you
understand and accept this risk.
You should take steps to protect your account by, among other
things, choosing a strong password that nobody else knows or can
easily guess and keeping your log-in and password information
private. We are not responsible for any lost, stolen, or
compromised passwords or for any activity on your account via
unauthorized password activity.
COOKIES
We and our service providers use cookies, pixels, java script,
and other tracking mechanisms to track information about your
use of our Site and App and to enhance your experience. We or
our service providers may combine this information with other
information, including personal information, we collect about
you. Details about the automated data collection technologies
and the specific cookies that we use can be found in our Cookie
Policy available here.
Cookies. Cookies are alphanumeric identifiers that we
transfer to your computer’s hard drive through your web browser
for record-keeping purposes. Some cookies allow us to make it
easier for you to navigate our Site, while others are used to
enable a faster log-in process or to allow us to track your
activities while using our Site. Most web browsers
automatically accept cookies, but if you prefer, you can edit
your browser options to block them in the future. The Help
portion of the toolbar on most browsers will tell you how to
prevent your computer from accepting new cookies, how to have
the browser notify you when you receive a new cookie, or how to
disable cookies altogether.
Clear GIFs, pixel tags and other technologies. Clear GIFs are
tiny graphics with a unique identifier, similar in function to
cookies. In contrast to cookies, which are stored on your
computer’s hard drive, clear GIFs are embedded invisibly on web
pages. We may use clear GIFs (also referred to as web beacons,
web bugs or pixel tags), in connection with our Services to,
among other things, track the activities users of our Services,
help us manage content, and compile statistics about usage of
our Services. We and our third party service providers also use
clear GIFs in HTML emails to our customers, to help us track
email response rates, identify when our emails are viewed, and
track whether our emails are forwarded.
Do-Not-Track Signals. Our Site does not currently respond
to do-not-track signals. For more information about do-not-track
signals, please click here. You may, however, disable
certain tracking as discussed above (e.g., by disabling
cookies).
You may choose to set your web browser to refuse cookies, or to
alert you when cookies are being sent. However, by doing so,
some parts of our Site may not be accessible and/or function
properly.
Interest-based Ads. We work with advertising networks
and other ad companies (“ad networks”) to display more relevant
advertising on our Services, and to manage our advertising on
other sites, mobile apps and online services. In order to
display more relevant ads on our behalf and others, these ad
networks may use cookies, pixels tags, and other tools to
collect browsing and activity information on our Services, on
third-party sites and across different devices, which may be
linked with certain offline data they may also collect IP
address, device ID, cookie and advertising IDs, and other
identifiers, general location information, and, with your
consent, your device’s geolocation information. These ad
networks may use this information to provide you more relevant
ads and content and to evaluate the success of such ads and
content. As a result, our ads may be displayed to you on a
search results page or on non-affiliated sites.
For example, we may work with the following advertising
platforms, among others:
Google/AdWords - for more info and choices, see
their privacy policy and ads help page
Quantcast - for more info and choices, see
their privacy policy and opt-out page
Custom Audiences and Matching. We may disclose certain
information (such as your email address) with other entities –
such as Facebook (more info on Facebook Custom Audience
here or see above) so that we can better target ads and
content to our users, and others with similar interests on those
platforms or networks (“Custom Audiences”). We may also work
with ad networks and marketing platforms that enable us and
other participants to target ads to Custom Audiences submitted
by us and others. If you would like to opt-out of being
included in our Custom Audiences going forward, email us at
[email protected] and we will opt you out of our future Custom Audiences.
As noted above, you may also control how Facebook and other
entities display certain ads to you, as explained further in
their respective privacy policies and ad preferences pages. You
can also obtain more information about targeted advertising, and
how to opt-out of receiving targeted ads from many third-party
ad networks (including Facebook and Google), through:
www.aboutads.info/choices (Digital Advertising Alliance)
Analytics. We may use analytics companies, for
example Google Analytics (see privacy
policy and opt-out) and Optimizely (see privacy
policy and opt-out),) or Hotjar (see privacy
policy and opt-out), to evaluate use of our Services.
We use these tools to help us understand use of, and to improve,
our Services, performance, ad campaigns, and user experiences.
These entities may use cookies and other tracking technologies,
such as web beacons or local storage objects (LSOs), to perform
their services.
ACCESS TO YOUR INFORMATION
You may access and update much of your personal information
within your profile, by logging in and updating your profile
information. Please note that we may retain certain
information about you as required by law or as permitted by law
for legitimate business purposes. For example, if you request
that we delete your information, but we believe that you have
violated our Terms of Service, we may retain information about
you in order to attempt to resolve the issue before deleting
it.
DIRECT MARKETING COMMUNICATIONS
We may send periodic promotional emails to you. If you wish to
opt-out of marketing communications, you may do so by clicking
the unsubscribe link in emails that we send you or text STOP.
You may also unsubscribe or change your choices regarding email,
voice, and text communications by sending a written request to
415 West Broadway, Suite 3S, New York, NY 10012, emailing us at
[email protected], or writing us at Pvolve, 415 West Broadway, Floor 3, New
York, NY 10012. If you opt-out of receiving emails about
recommendations or other information we think may interest you,
we may still send you emails about your account or any Services
you have requested or received from us.
CHILDREN
Our Services are not targeted to children under thirteen (13)
years of age and we do not knowingly collect personal
information from children under 13. If we discover that a child
under 13 has provided us with personal information, we will take
steps to promptly delete such personal information from our
systems.
CALIFORNIA PRIVACY RIGHTS
Last Updated: July 2, 2021
Under the California Consumer Privacy Act of 2018
(CCPA), California residents have the following rights:
Right to Opt-out of Sale of Personal Information. We do not
“sell” your data for monetary compensation. We do share your
data with analytics providers and advertisers to assist us (and,
in some limited cases, with other entities) with onsite
analytics, marketing analysis and targeted advertising. For
instance, we allow entities to place cookies on our Site and App
to collect information about your interaction with such Site and
App, including in some cases whether you make a purchase of one
of our products on a different site. This collection of
information is generally provided to service providers who are
contractually required to: (a) only use it for the services
they provide to the company; or (b) anonymize or deidentify the
information, so that it cannot be associated with you; or (c)
otherwise protect your privacy rights to the information
consistent with the requirements of the CCPA. You may opt
out of all “sales” of information as they are defined by the
CCPA by clicking here.
Delete Your Information. At any time, you may request that we
remove a posting made to our Services or deactivate your
account, if you have an account with us, by contacting us
at [email protected] or writing to us at Pvolve, 415 West Broadway,
Floor 3, New York, NY 10012. California residents may request
that we delete all of the information that we hold about them
(please note that there are exemptions to the right to delete).
Request a Copy of Your Personal Information. You may request a
copy of the specific pieces of personal information that we have
collected about you in the prior 12 months. You have the right
for us to deliver this to you at no cost either by mail or in an
electronically portable format, where technically feasible, so
that you can share that information with another entity. You
also have the right to know: the categories of personal
information that we collect about you; the categories of the
sources of personal information; the purpose for which we use
the data; and the categories of third parties to which we have
disclosed this data. We have identified these categories and
disclosures in the table above. You may make up to two requests
in a 12-month period.
Submitting Requests. If you have an account with us, you may
submit your request by logging into your account. You also may
contact us at [email protected] or write to us at Pvolve, 415 West Broadway,
Floor 3, New York, NY 10012. We will respond to verifiable
requests received from California consumers as required by law.
If you are an agent, you must submit a copy of your power of
attorney or a notarized statement authorizing you to act as an
agent. Please click on the applicable link above for specific
agent instructions or contact us at the above number.
Right to Non-Discrimination. The CCPA prohibits
discrimination against California residents for exercising their
rights under the CCPA. Discrimination may exist where a business
denies or provides a different level or quality of goods or
services, or charges (or suggests that it will charge) different
prices, rates, or penalties on residents who exercise their
CCPA rights, unless doing so is reasonably related to the value
provided to the business by the residents’ data.
Financial Incentives. A business may offer financial incentives
for the collection, sale or deletion of California residents’
personal information, provided the incentive 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 incentive 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. From time to time we may offer free
shipping or other incentives (such as a discount if you sign up
for email marketing from us). We will notify you of the
incentive at the time of offer.
Shine the Light
Under California’s “Shine the Light” law (Cal. Civ. Code §
1798.83), California residents who provide us their personal
information are entitled to request and obtain from us, free of
charge, information about the personal information (if any) we
have shared with third parties for their own direct marketing
use; such requests may be made once per calendar year for
information about any relevant third party sharing in the prior
calendar year (so, requests submitted in 2019 would be
applicable to relevant disclosures (if any) in 2018). If you are
a California resident and would like to make such a request,
please submit your request in writing by emailing us at
[email protected], using the subject line "Request for California Privacy
Information." In your request, please attest to the fact that
you are a California resident and provide a current California
address. We will reply to valid requests by sending a
response to the email address from which you submitted your
request. Please note that not all information sharing is
covered by the "Shine the Light" requirements and only
information on covered sharing and the relevant details required
by the Shine the Light law will be included in our response.
CHANGES TO THIS PRIVACY POLICY
This Policy is current as of the Last Update set forth above. We
reserve the right to modify this Privacy Policy from time to
time, so please review it frequently. We will post any changes
to this Policy on our Site, and will take steps to notify users
of material changes, such as via email or prominent notice in
the App or on the Site. We encourage you to frequently
check this page for any changes.
CONTACT US
If you If you have questions about this Policy or the privacy
aspects of our Services, you please contact our Privacy
Compliance Officer at
[email protected] or by mail at Pvolve, 415 West Broadway, Floor 3,
New York, NY 10012.
GDPR Policy
To view our GDPR policy, click here. (Applicable to EU Residents only.)
Last Updated: April 18, 2024