Last Updated: January 1, 2022

  1. PURPOSE

S³ Balance (“S³”) has developed this Policy to let you know how we treat information we collect, the kinds of information we may collect, how that information is used, with whom we share it and how you can opt-out of a use or change such information.  This Policy supplements and forms a part of the S³ Terms of Use (the “Terms”).

  1. SCOPE

This Policy applies to Personal Information that is Processed by S³ in the course of our business, including via our website, social media accounts, blogs and other online or offline offerings.  All individuals whose responsibilities include the Processing of Personal Information on behalf of S³ are expected to protect that data by adherence to this Policy.

  1. TRANSPARENCY

The types of Personal Information we may collect (directly from you or from third party sources) and our privacy practices depend on the nature of the relationship you have with S³ and requirements of law.  One way we may collect Information includes you providing Personal Information directly to S³ through interacting with our staff and participating in surveys.  We collect only information relevant for purposes of Processing.  Below are ways we collect Personal Information and how we use it.

3.1 TYPES OF PERSONAL INFORMATION WE COLLECT

S³ collects Personal Information from its current, prospective and former customers, members, users, visitors and guests (collectively “Individuals”).

  • Information You Provide Directly to Us.  When you use Services, contact us directly or engage in certain activities, such as registering for an account, purchasing S³ products or Services or participating in a class via membership, we may ask you to provide some or all of the following information:
    • Purchases. When you choose to purchase S³ products or Services including equipment, accessories or class membership, we may collect information such as your name, email address, mailing address, phone number, payment information, such as a credit card number and/or other related information that may be required from you to complete your purchase (such payment information, “Financial Information”).  Unless we tell you otherwise, we do not collect, store or maintain your Financial Information.
    • Public User Profiles. When you use S³ classes, you will create a “User Profile” and when you do so we may ask you to provide information about yourself such as a username and email address. Only your email address and username are required to set up a User Profile; the rest of the information that you may provide is optional.
    • Communications with Us. We may collect Personal Information from you such as your email address, phone number or mailing address when you request information about Services.
  • Information from Other Sources.  We may receive information about you from other sources, including through third-party services and organizations, to supplement information provided by you.  For example, if you access our Services through social media sites such as Meta, we may collect information about you from that third-party application that you have made public via your privacy settings.  Information we collect through social media accounts may include your name, your social media site user identification number, your user name, location, gender, birthdate, email, profile picture and social media contacts.  This supplemental information allows us to verify information that you have provided to S³ and enhance our ability to provide you with information about our business, products and Services.

3.2 HOW S³ USES YOUR INFORMATION

  • To Provide Products, Services or Information Requested.  S³ may use information about you to fulfill requests for products, Services or information, including information about potential or future services, including to:
    • Manage Individual information and accounts;
    • Respond to questions, comments and other requests;
    • Provide access to certain areas, functionalities and features of S³‘s Services;
    • Provide services to you, and;
    • Review and contact you to answer requests for member support or technical support.
  • Administrative Purposes. S³ may use Personal Information about you for its administrative purposes, including to:
    • Develop new products and Services;
    • Ensure quality control;
    • Verify Individual identity;
    • Send emails or text messages to the email address or telephone number you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, delivery updates, or system maintenance;
    • Process payment(s) for products or services purchased;
    • Process applications and transactions;
    • Prevent potentially prohibited or illegal activities;
    • Maintain and administer our Services; and
    • Enforce our Terms.
  • Marketing S³ Products and Services.  S³ may use Personal Information to provide you with materials about offers, products and Services that may be of interest, including new content or services.  S³ may provide you with these materials by phone, postal mail, text or email, as permitted by applicable law.  Such uses include:
    • To tailor content, advertisements and offers;
    • To notify you about offers, products and services that may be of interest to you;
    • To provide Services;
    • For other purposes disclosed at the time that you provide Personal Information; or
    • Otherwise with your consent.  You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described below.
  • Research and Development.  S³ may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us improve our existing products and Services or develop new products and Services. From time to time, S³ may perform research (online and offline) via surveys.  We may engage third-party service providers to conduct such surveys on our behalf.  All survey responses are voluntary and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide.  The survey responses may be used to determine the effectiveness of our Services, various types of communications, advertising campaigns and/or promotional activities.  If an Individual participates in a survey, the information given will be used along with that of other study participants.  We may share anonymous Individual and aggregate data for research and analysis purposes.
  • Direct Mail, Email and Outbound Telemarketing.  Individuals who provide us with Personal Information, or whose Personal Information we obtain from third parties, may, as permitted by law, receive periodic emails, newsletters, mailings, text messages or phone calls from us with information on S³ or our business partners’ products and services or upcoming special offers/events that we believe may be of interest.  We offer the option to decline these communications at no cost to the Individual by following the instructions in Section 5 below.
  • Services via Apps and other Devices.  S³ may provide Services that are specifically designed to be compatible and used on third-party devices, such as mobile phones, smart TVs and tablets.  S³ will collect certain information that your device sends when you use such Services, like a device identifier, user settings, location information, carrier and the operating system of your device.  These versions may require that users log in with an account.  In such cases, information about use of these versions of the Services may be associated with accounts.  In addition, S³ may enable you to download an application, widget or other tool that can be used on mobile, tablet or other devices.  Some of these tools may store information on your devices. These tools may transmit Personal Information to S³ to enable you to access accounts and to enable us to track use of these tools.  Some of these tools may enable users to export reports and other information from the tool.  S³ may use personal or non-identifiable information transmitted to S³ to enhance these tools, to develop new tools, for quality improvement and as otherwise described in this Privacy Policy or in other notices S³ provides.
  • Sharing Content with Friends or Colleagues. S³’s Services may offer various tools and functionalities.  For example, S³ may allow you to provide information about friends through our referral services.  Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services.  Email addresses that you provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be used for any other purpose.
  • Other Uses. S³ may use Personal Information for which we have a legitimate interest, such as fraud protection or compliance with legal obligations, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.

3.4 THIRD-PARTY WEBSITES

The Service may contain links to other websites and other websites may reference or link to the S³ Site or other Services.  These other domains and websites are not controlled by us, and S³ does not endorse or make any representations about third party websites or social media platforms.  We encourage you to read the privacy policies of each and every website and application with which you interact.

3.5 THIRD-PARTY PAYMENT PROCESSING

When you make purchases through Services, we Process your payments through a third-party application.  In these instances, the third-party application may collect certain Financial Information from you to Process a payment on behalf of S³, including your name, email address, address and other billing information in which case the use and storage of your Financial Information is governed by the third-party app’s terms, conditions and privacy policies.  If you apply for or otherwise take part in a financing offer through one of our financing partners, you will be asked to provide information (which may include Financial Information) to that financing partner, either directly or through the Services. The use of that information by the financing partner will be subject to the financing partner’s terms, conditions and privacy policies.  Our treatment of any Financial Information that we may Process on your behalf, or that we receive from our financing partners or payment processors, is subject to this Privacy Policy.

4.1 INFORMATION WE SHARE

We may share your information as described in this Privacy Policy (e.g., with our third-party service providers; to comply with legal obligations; to enhance the Services, to protect and defend our rights and property) or with your permission.

  • We Use Vendors and Service Providers.  We may share any information we receive with vendors and service providers.  The types of service providers to whom we entrust Personal Information include service providers for:
    1. provision of IT, analytics and related services;
    2. provision of information and services you have requested;
    3. payment processing;
    4. customer service activities such as deliveries and member support; and
    5. in connection with the provision of Services.  S³‘s policy is to execute appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements, and this Privacy Policy.
  • Business Partners.  S³ may share Personal Information with our business partners and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested.  S³ may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you.
  • Displaying to Other Users.  The content you post to the Services may be displayed on Services.  Other users of the Services may be able to see some information about you, such as your name if you submit a review or provide a testimonial to our Site.  We are not responsible for the privacy practices of the other users who view and use posted information.
  • Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures)).  We may access, preserve and disclose your Personal Information, other account information and content if we believe doing so is required or appropriate:
    1. to comply with law enforcement or national security requests and legal process, such as, a court order or subpoena;
    2. to respond to your requests;
    3. to protect yours, ours or others’ rights, property or safety;
    4. to enforce S³ policies or contracts;
    5. to collect amounts owed;
    6. to comply with records retention policies;
    7. when we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or
  • Merger, Sale, or Other Asset Transfers.  If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of company assets or transition of service to another business, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.  In such event, S³ will endeavor to direct the transferee to use Personal Information in a manner that is consistent with the Privacy Policy in effect at the time such Personal Information was collected.

4.2 INTERNATIONAL DATA TRANSFERS

You agree that all Personal Information collected by S³ may be transferred, Processed and stored anywhere in the world, including but not limited to, the United States, Canada, the European Union, in the cloud, on our servers on the servers of our affiliates or on the servers of our service providers.  Your Personal Information may be accessible to law enforcement or other authorities as described above.  By providing information to S³, you explicitly consent to the storage of your Personal Information in these locations.

  1. OPT-OUT (RIGHT TO OBJECT TO PROCESSING)

5.1 GENERAL

You have the right to object to and opt-out of certain uses and disclosures of your Personal Information.  Where you have consented to our Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt-out to further Processing by submitting an opt-out request.

5.2 EMAIL, TEXT AND TELEPHONE COMMUNICATIONS

You can unsubscribe from email communications at any time.  To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us or contact us as described here.  We will process your request within a reasonable time after receipt, in accordance with applicable laws.  Note that you will continue to receive transaction-related emails regarding products or services you have requested.  If you opt in, you may receive text messages from S³, which are non-promotional messages from us alerting you to important information, like the details of your delivery, failed membership payments and other alerts related to your purchases.   We maintain “do-not-call” and “do-not-mail” lists as mandated by law.  We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.

5.3 MOBILE DEVICES

S³ may occasionally send you push notifications with updates, achievements and other notices that may be of interest to you.  You may at any time opt-out from receiving these types of communications by changing the settings on your device.

5.4 COOKIES AND INTEREST-BASED ADVERTISING

As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences.  Please note that cookie-based opt-outs are not effective on mobile applications.  However, on many mobile devices, application users may opt-out of certain mobile advertisements via their device settings.  Whether you are using our opt-out or an online industry opt-out, these cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out.

  1. RIGHTS OF ACCESS, RECTIFICATION, ERASURE AND RESTRICTION

Although S³ makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which we are unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary.  If S³ determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries.

  1. DATA RETENTION

S³ retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws.  When we are no longer required to retain your Personal Information as described above, we will destroy, erase, or de-identify it in accordance with our data retention policies and applicable law.

  1. SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy.  We maintain commercially reasonable administrative, technical and physical safeguards (which vary depending on the sensitivity of the Personal Information) designed to protect against unauthorized use, disclosure or access of Personal Information.

By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services.  If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you.  You may have a legal right to receive this notice in writing.

  1. NON-U.S. USERS

By using Services, you consent to your transfer of data to the United States.  By choosing to visit s3balance.com, use Services or otherwise provide information to S³, you agree that any dispute over privacy or the terms contained in this Privacy Policy will, to the extent permitted by law, be governed by the laws of the State of Oregon, without regard to principles of conflicts of law.  Any disputes arising in connection with this Privacy Policy will be handled in accordance with the dispute resolution provisions in the Terms.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to the Processing of your data globally.  By providing your Personal Information, you consent to any transfer and Processing in accordance with this Privacy Policy.

  1. CHILDREN’S PRIVACY

Our Services are not directed to children under the age of 13.  In addition, you are not permitted to use S³ Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction.  We do not knowingly collect Personal Information from children under the age of 13.  If you learn that your child has provided us with Personal Information without your consent, you may alert us via email at meghan@s3balance.com.  If we learn that we have collected Personal Information of a child under the age of 13 (or under the age of 16 in certain jurisdictions, such as EU member countries) we will take steps to delete such information from our files as soon as possible and terminate the child’s account unless we receive verifiable parental consent.

  1. REDRESS/COMPLIANCE AND ACCOUNTABILITY

If you have any questions about our privacy practices, this Privacy Policy, or how to submit a complaint with the appropriate authority, please contact S³ by email at meghan@s3balance.com or by mail at the below address.  Our Data Protection team will address your concerns and attempt to resolve any privacy issues in a timely manner.  U.S. and Canadian Residents:

S³ Balance, LLC
5035 SW Sana Way
Wilsonville, OR  97070

12 CHANGES TO OUR PRIVACY POLICY AND PRACTICES

This Privacy Policy may change.  You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use Services after the updated Privacy Policy is posted on Services (as reflected in the above Effective Date).  If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using Services.

  • Revisions to the Privacy Policy.  We may revise this Privacy Policy in our sole discretion, so please review it periodically.  If you continue to visit the Site and use the Services after such changes have been made, you thereby provide your consent to the changes.
  • Posting of Revised Privacy Policy.  If there are any material changes to this Privacy Policy, S³ will notify you by email or as otherwise required by applicable law.  We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice if applicable).  If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.
  • New Uses of Personal Information.  Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out.  Where consent of the Individual for the Processing of Personal Information is required by law or contract, S³ will endeavor to comply with the law or contract.
  1. DEFINITIONS

The following terms have meanings set forth below.

  • “Agent” means any Third-Party that Processes Personal Information pursuant to the instructions of, and solely for, S³ or to which S³ discloses Personal Information for use on its behalf.
  • “Employee” refers to any current, temporary, permanent, prospective or former employee, director, contractor, worker, or retiree of S³ or its subsidiaries worldwide.
  • “Personal Information” is any information relating to an identified or identifiable natural person (“Individual”).
  • “Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  • “Sensitive Data” or “Sensitive Personal Information” is a subset of Personal Information which (due to its nature) has been classified by law or by policy as deserving additional privacy and security protections, such as certain financial or medical information, and Personal Information regarding EU residents that is classified as a “Special Category of Personal Data” under EU law, such as:
    1. race or ethnic origin;
    2. political opinions;
    3. religious or philosophical beliefs;
    4. trade union membership;
    5. genetic data;
    6. biometric data where Processed to uniquely identify a person;
    7. health information;
    8. sexual orientation or information about the Individual’s sex life; or
    9. information relating to the commission of a criminal offense.
  • “Third-Party” is any company, natural or legal person, public authority, agency or body other than the Individual, S³ or our Agents.
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