Updated June 6, 2018.
Residents of the European Economic Area (“EEA”), which includes the member states of the European Union (“EU”), should consult the sections of this policy relating to the “Rights of EEA Residents” and “International Data Transfers” for provisions that may apply to them.
Information We Collect
Beyond Yoga collects personal data about you when you visit the Site. “Personal Data” is information that may be used to directly or indirectly identify you, including your name, e-mail address, physical address, phone number or other information about you. The majority of such Personal Data is collected when you register with the Site, make a purchase of our Products (“Products”), subscribe to updates or otherwise provide us with your contact information. Some of the Personal Data that we collect is required if you wish to partake in the Services that we provide, including making purchases of Products through the Site. We also obtain Personal Data when you visit wholesale stores, trunk shows, sample sales, direct mail, obtain catalogs, participate in events, products or applications or interact with you and provide such Personal Information to us. We may combine the Personal Data that we obtain about you from these sources and with data that we obtain from our e-commerce provider.
In general, the type of Personal Data we collect includes, but is not limited to:
We use e-commerce providers to facilitate orders and payments of Products. Our payment processor obtains credit card information from you and stores it for a limited period of time. Under certain circumstances, the e-commerce provider may provider credit card information from you to us for facilitating Product orders or other related Services.
You provide Personal Data to use the Services, including purchasing Products. Beyond Yoga and its e-commerce provider use this data to: (i) enable you to log in to the Site; (ii) fulfill your orders for Products; (iii) guard against potential fraud; (iv) contact you if there is a problem with your account or order; (v) provide answers to your inquiries or questions; and (v) maintain regular communication with you as may be necessary to inform you of offers, updates and other information regarding Beyond Yoga and its Products.
Non-Identifiable Data and Aggregated Personal Data
Beyond Yoga or our service providers, including Google Analytics, may also collect web surfing data related to your use of the Site. Such information may include: your Internet Protocol (IP) address, browser type, and internet service provider (ISP); your operating system; which of our web pages you access and how frequently you access them; referral or exit pages; click stream data; and the dates and times that you visit the Site. This data may be collected using cookies, web beacons, page tags or similar tools. As with cookies, the web surfing information is anonymous, "click stream" transactional data that is not associated with any users as individuals.
Web surfing data and similar information may be aggregated for administrative purposes. Beyond Yoga may, for example, use this aggregated information in the administration of the Site to improve its usability and to evaluate the success of particular marketing and advertising campaigns, search engine optimization strategies, operation and effectiveness of pages on our website, and other marketing activities. We also use it to help optimize the Site based on the needs of our users.
How and When Your Information Is Shared With Other Parties
With the exception of Sweepstakes Participation described below, which is entirely voluntary, Beyond Yoga does not sell, trade or license Personal Data about its users for marketing purposes. We do, however, work with a number of trusted partners who may perform vital functions as part of our operations, including processing payments for orders, fulfilling orders, managing customer support services, facilitating marketing communications by e-mail and post, and other functions. We do not share your Personal Data unless it is necessary to fulfill our responsibilities, including providing information or Services to you. In the event of a sale to a third party of our business assets, we may transfer your Personal Data to such third party.
Additional Sharing of Information
We may engage third parties to help us carry out certain other internal functions such as account processing, client services, or other data collection relevant to our business. Personal Data is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific services. Our partners are legally required to keep your Personal Data private and secure.
We may share your Personal Data with law enforcement or other government agencies as required by law or for the purposes of limiting fraud. We reserve the right to disclose your Personal Data when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order or legal process. We further reserve the right to disclose any of your Personal Data that we believe, in good faith, appropriate or necessary to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Site or our services, or to protect the rights, property or personal safety of Beyond Yoga, its users, issuers, or others.
We will not share your Personal Data if such sharing is prohibited by applicable privacy and data protection law, including, without limitation, the EEA’s General Data Protection Regulation effective May 25, 2018.
From time to time, we may offer you the opportunity to participate in a sweepstakes. Participation in a sweepstakes is entirely voluntary and is subject to the posted terms and conditions applicable to the sweepstakes. In conjunction with the sweepstakes, we share the contact information of those who have agreed to participate in the sweepstakes with our sweepstakes partners.
From May 25, 2018, all processing of Personal Data of EEA Residents is performed by Beyond Yoga in accordance with the General Data Protection Regulation (2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of Personal Data and on the free movement of such data (“GDPR”).
Under the GDPR, Beyond Yoga is both the controller and a co-processor of the Personal Data of EEA Residents. Beyond Yoga’s purpose for collecting and processing Personal Data from EEA Residents is to authenticate subscription to our mailing lists, to provide marketing information about our Services, including Products, and to facilitate orders of our Products and associated Services. The legal basis for collecting Personal Data is to fulfill these purposes, including contracts between us and those who place orders for our Products. We also rely on your consent to obtain Services from us, including Products and receiving communications regarding our Products and Services. You may withdraw consent from receiving marketing and promotional communications by clicking the “Unsubscribe” link on the communication or contacting us at firstname.lastname@example.org. If EEA Residents do not provide Personal Data to Beyond Yoga or withdraw consent for processing such Personal Data, Beyond Yoga may not be able to provide such residents with information regarding our Services, including our Products or offers or may not be able to fulfill orders for our Products.
EEA Residents may obtain information about the Personal Data that Beyond Yoga holds about them by contacting Beyond Yoga at email@example.com.
International Data Transfers
If you are resident outside the United States, including in the EEA, we transfer Personal Data provided to you for processing in the United States. Under the GDPR, Beyond Yoga is considered a “controller” and a “co-processor” of the Personal Data of EEA Residents. By providing Personal Data to Beyond Yoga for the purpose of obtaining Services and ordering Products, you consent to the processing of such data in the United States. The transfer of your Personal Data to the United States is necessary for the performance of a contract between you and Beyond Yoga for obtaining Services and Products.
Please note that the United States does not have data protection laws equivalent to those in the EEA and other jurisdictions.
Notifications and Communications from Our Site
Beyond Yoga will send you email notifications from time to time. Some notifications are marketing communications regarding offers or other information relating to the Services. You may always withdraw your consent for obtaining marketing communications by following the “Unsubscribe” link provided on the bottom of an email or contacting us at firstname.lastname@example.org.
We also send out notices that are required for legal or security purposes. For example, certain notifications are sent for your own protection to ensure that another person cannot make a change to your account without your knowledge. In other cases, these notifications involve changes to various legal agreements or Site policies. Generally, you may not opt out of such emails.
When you register for an account or request our newsletter, you will receive emails that confirm specific actions you requested or provide information regarding the Services that you have used or requested. These will include emails and notifications confirming your registration and orders. If you make an order through the Site, Beyond Yoga through its e-commerce provider will also send you confirmations of the order and updates as to the status of the order. Generally, you may not opt out of such emails.
We may also send you responses to emails you send us, if appropriate. From time to time, we will also send user surveys, requests for user feedback regarding user experience and Site operations, or marketing offers from us or from us. Completing these surveys, answering requests for feedback, or accepting any offer is strictly voluntary. If you do not wish to receive these surveys, user feedback emails, and/or marketing offers, please opt out in any offer email you receive from us.
Links to Other Sites
Privacy in Submitted Materials
If you submit any photos to us or to a social media site, such photos may be displayed on the site, including photos of yourself or other individuals. If you submit product reviews or comments to us, such reviews or comments may also be displayed on the Site. By submitting such materials you forego any privacy rights in such materials. We may share product reviews and postings submitted by you with third parties, including retailers who sell our Products. We will not include any Personal Data with the product reviews that we share with such third parties, but may include your first name with the contents of the review or posting. Please consult the Terms of Service for other conditions relating to submission of materials to Beyond Yoga through social media sites.
We limit access to the Personal Data we have about you to those employees who have a legitimate business need to access such information. We take commercially reasonable steps to protect our customers’ Personal Data against unauthorized disclosure or loss. However, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, while we strive to protect user information we cannot ensure or warrant the security of any information you transmit to us or from the Site. You engage in such transmissions at your risk.
If you believe your Personal Data is being improperly used by us or any third party, please immediately notify us via email at email@example.com.
Children Under 13
This Site is restricted to the use of adults over the age of majority in their place of residence. No portion of the Site is directed to children under the age of 13. Consequently, we do not knowingly collect personal identifying information from any person we know is a child under the age of 13.
Do Not Track
Although some browsers currently offer a “do not track (‘DNT’) option,” no common industry standard for DNT exists. We therefore do not currently commit to responding to browsers’ DNT signals.
Your California Privacy Rights
Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California customer, a business may be required to provide information regarding how that business has shared personal information of customers with third parties for direct marketing purposes. However, the foregoing does not apply to businesses like ours that do not disclose personal information to third parties for direct marketing purposes.
Your Rights and Obligations
We ask that you keep the Personal Data that you provide to us current and that you correct any information you have provided us by contacting us at firstname.lastname@example.org. You represent and warrant that all Personal Data you provide us is true and correct and relates to you and not to any other person.
If you are a resident of the EEA and wish to access or correct the Personal Data that Beyond Yoga has about you or have any questions relating to the processing of your Personal Data, please contact us at email@example.com with the subject line “GDPR Data.”
If you use the Site, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account.
For questions or concerns, please email BEYOND YOGA Consumer Services/Privacy at firstname.lastname@example.org or write to us at the following address:
i am BEYOND LLC
dba BEYOND YOGA
Attn: Director of Mail Order Services
10559 Jefferson Blvd.
Culver City, CA 90232