Privacy Policy

Last Updated January 1, 2023

This Privacy Policy (“Privacy Policy”) describes how Therabody, Inc. and its subsidiaries (collectively, “Therabody” or “us” or “we”) collects, uses, discloses, or otherwise processes information that relates to you. This Privacy Policy applies to Personal Information (as defined below) that Therabody collects both online and offline, including when you visit our websites, any other applications or services that link to this Privacy Policy, or when you otherwise communicate directly with us (collectively, the “Services”). When you access or use the Services, certain information, including your Personal Information, may be collected, transferred, processed, stored, and in certain circumstances, disclosed as described in this Privacy Policy. This Privacy Policy is intended to be read together with our Terms of Service. This Privacy Policy complies with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Privacy Policy. Capitalized terms used but not defined in this Privacy Policy have the definitions provided in our Terms of Service.

If you have any questions or comments about this Privacy Policy or our privacy practices, please contact us at privacy@therabodyds.com.

1. Information we collect

The sections below explain the categories of Personal Information we collect and process, as well as the sources of information and reasons to do so. "Personal Information" is any information that relates to or can be used to identify you. The categories of Personal Information we collect depend on how you interact with us and our Services, as well as the requirements of applicable law. Some of the information is collected through your interactions with the Services or third-party websites and applications. We collect such data using technologies like Cookies and other tracking technologies, error reports, and usage data collected when you interact with our Services. Some of the information is collected from your use of, and interactions with, us and others on Social Media (as defined below).

1.1 Personal Information

We collect information when you provide it to us directly, such as when you register for a website or app account, submit product reviews or other content to our Services, or in connection with the use of our Services, or place an order with us. By providing us with the Personal Information of another person, you represent that you have obtained permission from such person to share such information with us and for us to use such information as set forth in this Privacy Policy.

The categories of Personal Information that we have collected from users, including information that we have collected in the last twelve (12) months, are listed below:

• Basic Identifying Information, such as your name, physical address, email address, phone number, contact preferences, or other similar identifiers.
• Demographic Information, such as your gender (to allow us to better communicate with you).
• Payment information, such as payment type, bank account number, credit or debit card number and expiration date.
• Account and Commercial Information, including contact information, products or services you have purchased, returned, exchanged, or considered, communication preferences, your account onboarding answers, account credentials, items in your online shopping cart and those saved for future purchases, product reviews, and preferences about your content.
• Customer Records such as other paper and electronic customer records containing personal information, such as name, signature, physical characteristics or description, address, telephone number.
• Characteristics of Protected Classifications under California or federal law such as race, color, sex, age, religion, national origin, and disability in accordance with our hiring and human resources practices.
• Biometric Information such as physiological or behavioral characteristics that can be used alone or in combination with each other to establish individual identity, including facial recognition (subject to applicable laws and where relevant to the Services we provide to you).
• Health Information, including information you choose to provide regarding physical or medical conditions, medications, and other concerns in connection with Therabody Reset and retail services solely as necessary to safely administer treatments.
• Preferences and Feedback, such as your stated interests and information about Therabody products you own; feedback on product satisfaction and performance, and overall site experience; and information relating to your motivations for purchases.
• Communications that we exchange with you, such as when you contact us through the Website or Services for customer support, via social media or otherwise. If you engage with our chat functionality, we may maintain a record of your conversation for training and customer service purposes.
• Audio and Visual Information, such as photos, videos and other information or user-generated content that you upload on our website(s) or app(s), or provide via social media or otherwise provide in connection with using our Services, as well as associated metadata, and your voice and likeness as captured in photographs, video, or audio recordings, including when you visit Therabody retail and Reset locations.
• Any other information you may choose to provide, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection.

Please note that some of the personal information we process, including any personal information concerning your health, is considered special or sensitive personal data. Therabody only collects sensitive personal information, as defined by applicable privacy laws, for the purposes allowed by law or with your consent. We do not collect or process sensitive personal information for the purpose of inferring characteristics about you. Personal Information does not include: Publicly available information from government records; De-identified or aggregated consumer information.

1.2 Automatically Collected Usage and Device Information

Similar to other websites, we use tracking technologies to automatically collect certain technical information from your web browser, mobile, or other device when you visit the Services. This data may include, but is not limited to, your IP address, browser type and language, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time of your visits.

A. Cookies. We automatically derive and collect certain data based on your interactions with us on the Services using cookies and similar technologies (collectively, “Cookies”). Our collection of data through Cookies includes information about your browser and Services usage patterns, which may include your IP address, browser type, browser language, referring/exit pages and URLs, pages viewed, links clicked, whether you opened an email, and information about the device you use to access the Services.

B. Pixels (aka web beacons/web bugs/java script). We may use Pixels to automatically record certain technical information about your interactions with us when you visit the Services or otherwise engage with us, to help deliver Cookies on our Services, or count users who have visited the Services or used our services. Pixels are tiny graphics with unique identifiers used to track certain online actions, movements and related information of Services users.

1.3 Information from Other Sources

We may obtain both personal and non-personal information about you from other third-party sources, including, but not limited to, business partners, contractors, suppliers, and other third parties. For example, we may receive your Personal Information from advertising networks, media monitoring companies and publicly available sources.

1.4 Location Information

We collect your address information, e.g., shipping and billing address, when you set up your account and order our products. We also collect and use information about your general location (e.g., your state of residence) and can infer your approximate location based on your IP address. If you access or use any of Therabody’s location-based services, such as by enabling GPS-based activity tracking through our Services, Therabody may process the approximate or precise location of your device while the service is active.

1.5 User Contributions

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Services or transmitted to other users of the Services or third parties, including, for example, third party websites and services like Social Media that are integrated into or linked to the Services (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk.

1.6 Social Media

If you interact with us or our other users regarding Therabody and its products and services on social media, including but not limited to Facebook, Instagram, TikTok, YouTube, and LinkedIn (collectively, “Social Media”). Social Media operates independently from Therabody, and we are not responsible for Social Media interfaces or privacy or security practices.

2. THIRD PARTY ANALYTICS PROVIDERS

We also use Google Analytics, Facebook Pixel, and other third-party analytics providers (“Analytics Providers”) to collect information about Services usage and the users of the Services. Analytics Providers use Cookies in order to collect demographic and interest-level information and usage information from users that visit the Services. Analytics Providers use the information they collect from the Services and other websites to share with us and other website operators’ information about users including age range, gender, geographic regions, general interests, and details about devices used to visit the Services and other websites and purchase items.

3. EXTERNAL LINKS

The Services contains links to third party websites and services, including links to Social Media. We are not responsible for any of the content or features or functionality of other linked websites or services. We are also not responsible for the privacy practices and the terms and conditions of use for any external websites or services. The data collection practices of linked third party websites and services will be governed by that third party’s privacy policy and Terms of Service.

4. HOW WE USE YOUR INFORMATION

4.1 General

Unless we have your consent, we will only use the Personal Information we collect from and about you for the purposes described in this Privacy Policy and when applicable law allows or requires us to do so. We may use or disclose the Personal Information identified above for one or more of the following business purposes (“Business Purpose”):

• To fulfill or meet the reason you provided the information.
• To provide certain features or functionalities on the Services.
• For marketing and promotions, including competitions.
• To create, maintain, customize, and secure your account with us.
• Maintain a record of the Services you use on our Website and monitor/analyze trends.
• Identify you on the Website or across the Internet so that we can advertise our Services.
• To provide you with support and respond to your inquiries.
• To personalize your experience and deliver relevant content and offerings.
• To help maintain the safety, security, and integrity of our Services and business.
• For testing, research, analysis, and product development.
• To respond to law enforcement requests as required by applicable law.
• Comply with legal requirements and contractual obligations.
• Administer sweepstakes, contests, promotions or surveys.
• Send marketing communications (emails and SMS) and identify receipt.
• Make inferences regarding your preferences and behavior.
• To prevent illegal activity, fraud, and abuse.
• To evaluate or conduct a merger, divestiture, restructuring, or other sale of assets.

4.2 Account-Related Emails

When you create an account with us and provide us with your email we may, subject to applicable law, use your email address to send you Services-related notices, updates, news, and marketing messages. Email communications you receive from us will generally provide instructions allowing you to opt out of receiving future emails or to change your contact preferences.

4.3 Advertising

We do use third party service providers to serve advertisements or collect data on our behalf across the internet and on this Services (“Advertisers”). Some of these Advertisers may collect your Personal Information about your Services visits and your interactions with our products and services to tailor marketing messages. Advertisers may use Cookies, Pixels and other technologies. Please keep in mind that your browser settings may not permit you to control Advertisers’ technologies.

4.4 Non-Personally Identifiable Information

We may use non-personally identifiable information, such as anonymized or aggregated Services usage data, in any manner that does not identify individual users for the purpose of improving the operation and management of the Services. Any non-personally identifiable information that is combined with Personal Information will be treated by us as Personal Information.

4.5 Payment Processors

If you purchase or pay for products or services via the Services, the transaction may be handled by our service providers or third party vendor(s) responsible for processing your payment (“Payment Processors”). These entities have their own privacy policies and those terms will apply to you.

5. OUR INFORMATION SHARING PRACTICES

When we disclose Personal Information for a Business Purpose, we enter into a contract that describes the purpose and requires the recipient to keep that Personal Information confidential. We share your information, including any Personal Information, in the circumstances described below.

5.1 Disclosures of Personal Information in the Last Twelve Months

In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a Business Purpose: Category A (Identifiers); Category B (Customer Records); Category C (Protected Classifications); Category D (Commercial information); Category E (Biometric Information); Category F (Internet activity); Category G (Geolocation data); Category H (Sensory Data); Category K (Inferences). We disclose this to Social Media Platforms, Analytics Providers, Merchant Partners, Payment Processors, Affiliated persons, marketing partners, and legal entities.

In no situation do we disclose your Personal Information in exchange for money. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

5.2 Legal Requirements

We reserve the right to disclose all information collected via the Services, internally, to affiliates, or to third parties, for any lawful purpose or to prevent harm to us or others. We will notify you in the event of a government or legal request for your information unless otherwise prohibited by law.

5.3 Organizational Transitions

If we should ever transfer or restructure the operational ownership of the Services, we may disclose, transfer, assign our rights, and/or delegate our duties to your information without notice and consent to prospective or actual recipient entities.

5.4 Disclaimer

We cannot ensure that all of your Personal Information will be disclosed only in the ways described in this Privacy Policy. Even with the most rigorous information security standards, no transmission of data over the internet can be 100% secure.

6. YOUR CHOICE AND OPTIONS RELATING TO OUR COLLECTION

You can choose not to provide Personal Information. Registering for an account is not required to access some of our online content. Below are rights and choices you may have with respect to your Personal Information.

6.1 You May Decline Other Requests

We use your Personal Information as needed for the purposes for which it was collected or where you have consented. If you do not wish to provide information, please do not use the Services.

6.2 Right to Access Specific Information and Data Portability Right

Depending on your state of residence, you may have the right to request access to and receive details about the personal information we maintain about you. Under CCPA you have a right to request that we disclose certain information to you about our collection and use over the past twelve (12) months.

6.3 Right to Delete Your Account and Personal Information

Certain states provide the right under applicable laws, including CCPA, to request that we delete any of your Personal Information that we have collected. We may deny your deletion request if retaining the information is necessary for transaction completion, security, debugging, or legal obligations.

6.4 Right to Opt-Out

If you are a resident of certain states and would like to minimize sharing for marketing, please use our standard data request forms. If you are a California resident, you may also contact us at Privacy Hotline 1-866-I-OPT-OUT (1-866-467-8688) with Service Code 990#.

6.5 Exercising Your Rights

You may designate an authorized agent to submit a request on your behalf. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity.

6.6 Non-Discrimination

We will not discriminate against you for exercising any of your privacy rights. However, we may offer certain financial incentives permitted by law that can result in different prices or quality levels.

6.7 Online Tracking Choices

Most browsers are initially set up to accept Cookies, but you can reset your browser to refuse. Many website operations, including the Services, do not respond to "Do Not Track" (DNT) signals.

7. ACCESSING AND UPDATING YOUR PERSONAL INFORMATION

We do not review for accuracy regularly, but encourage you to update your Personal Information at any time. We will respond to your requests as soon as reasonably possible after verifying your authority.

8. SAFETY AND INFORMATION SECURITY MEASURES

8.1 Security

We use physical, managerial, and technical safeguards. For example, we encrypt all data with secure sockets layer (SSL). You should take steps to protect against unauthorized access to your password and devices.

8.2 Storage

We store Personal Information in operating environments safeguarded against public or unauthorized access with physical and technical security measures.

9. NOTICE TO USERS OUTSIDE THE UNITED STATES

Please be aware that we are headquartered in the United States. BY USING THE SERVICES, YOU CONSENT TO THE TRANSFER TO, AND PROCESSING OF, YOUR INFORMATION IN THE UNITED STATES.

10. THE GENERAL DATA PROTECTION REGULATION ("GDPR")

Residents of the European Economic Area (EEA) have rights to withdraw consent, access, request copies, correct inaccuracies, erase, and data portability. You may exercise these rights free of charge.

11. CALIFORNIA SHINE THE LIGHT LAW

California residents may obtain from us once a year, free of charge, a list of third parties to whom we disclosed Personal Information for marketing purposes. Requests can be emailed to privacy@therabodyds.com.

12. CALIFORNIA MINORS

If you are a California resident under 18 and unable to remove publicly-available content you submitted, you may request removal by contacting us at privacy@therabodyds.com. Removal does not ensure comprehensive removal from all systems.

13. CHANGES TO THIS PRIVACY POLICY

We encourage you to periodically review this Privacy Policy. Your continued use of the Services following a change represents consent to the updated Privacy Policy to the fullest extent permitted by law.