Effective Date: December 15, 2022

This Privacy Policy describes how JERRY’S BODY SHOP, INC. (“we,” “us” or “our”) collects, uses, shares and retains information provided or collected on this website, which, together with any related domains and mobile sites, is referred to as the “Site.”

Please note that this Privacy Policy does not apply to information collected through third party websites or services (“Third Party Services”) that you may access through the Site, nor does it apply to information that you submit to us through email, text message, other electronic means or offline

PLEASE REVIEW THIS PRIVACY POLICY CAREFULLY. IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITE. By using the Site or submitting information to or through the Site, you accept the terms of this Privacy Policy and consent to our collection, use, disclosure and retention of your information as described in this Privacy Policy.

The effective date of this Privacy Policy is set forth above. From time to time, we may change this Privacy Policy to accommodate new technologies, industry practices, regulatory requirements or for other purposes. We will provide notice to you if these changes are material and, where required by applicable law, we will obtain your consent. Notice may be by email to you at the last email address you provided us, by posting notice of such changes on the Site or by other means, consistent with applicable law. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Privacy Policy. The amended Privacy Policy supersedes all previous versions.

TYPES OF INFORMATION WE COLLECT

We collect various kinds of information that you provide to us as well as information we obtain from your use of the Site. Some of the types of information that we collect include: 

Personal Information. “Personal Information” identifies, directly or indirectly, a particular individual. Personal Information includes: (1) contact data, such as name, e-mail address and telephone number; (2) demographic data, such as gender, date of birth and zip code; (3) certain Usage Data (defined below); (4) transaction information you provide when you request information, contact us or purchase a product or service from us, such as postal address and payment information; and (5) location information, including information that is provided by a mobile or other device interacting with the Site (including through beacon technologies), or that is associated with your IP address, where we are permitted by law to process this information.

Certain Personal Information, such as information about personal health or finances, is characterized as “Sensitive” and subject to stricter regulation than other Personal Information. We urge you to carefully consider whether to disclose your Sensitive Personal Information before providing it to us. If you do provide Sensitive Personal Information to us, you consent to its use and disclosure for the purposes and in the manner described in this Privacy Policy.

Usage Data. “Usage Data” is information about an individual’s online activity that, by itself, does not identify the individual. Usage Data includes: (1) technical information, including your browser type, service provider, IP address, operating system and webpages visited; and (2) information about what you have searched for and looked at while using the Site. Generally, we do not consider Usage Data as Personal Information because Usage Data by itself usually does not identify a particular individual. Personal Information and Usage Data may be linked together. Different types of Usage Information also may be linked together and, once linked, may identify a particular individual. Some Usage Data may be Personal Information under applicable law.

HOW WE COLLECT INFORMATION

Whether we collect certain types of information and how we process it depends on how you use and access the Site. Some information is collected automatically through the use of cookies and similar data collection tools. We may collect information about you in the following ways: 

From you. We may collect information you provide to us when you: (1) request or purchase products, services or information from us; (2) register an account with us (including if you link your profile on a Third Party Service with your registration account); (3) respond to surveys; or (4) otherwise interact with the Site using one or more devices. You may provide information in a variety of ways, including by typing or using voice commands.

From our business partners and service providers. Third parties that assist us with our business operations also may collect information (including Personal Information and Usage Data) about you through the Site and share it with us. For example, our vendors may collect and share information with us to help us detect and prevent fraud. We may combine the information we collect from you with information from other sources and use the combined information as described in this Privacy Policy. 

Usage Data. We may automatically collect Usage Data when you interact with the Site. 

From cookies and other tracking technologies. We and certain service providers operating on our behalf may collect information about your activity, or activity on devices associated with you, on the Site using tracking technologies such as cookies, Flash cookies, pixels, tags, software development kits, application program interfaces and Web beacons. Details about some of these tracking technologies are set forth below. We may use these technologies for many purposes, including: (1) providing you with useful features; (2) delivering relevant content and advertising to you; (3) monitoring, evaluating and optimizing the use and operation of the Site; and (4) analyzing traffic on the Site.

We may collect information whether or not you are logged in or registered, and may associate this tracking data with your registration account (if you have one), in which case we will treat it as Personal Information. Service providers that collect tracking data on our behalf may provide an opportunity for you to choose not to be tracked online.

Advertisers and third parties also may collect information about your activity on the Site, on devices associated with you and on Third Party Services using tracking technologies. Tracking data collected by these advertisers and third parties may be used to decide which ads you see both on the Site and on Third Party Services.

Examples of online tracking technologies include:

Cookies. A cookie is a piece of information that a website places on the hard drive of your computer when you visit the website. Cookies help provide additional functionality to the Site and help us analyze Site usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Site without needing to remember and then enter a password more than once during a visit to the Site. We may contract with third party service providers to provide functions related to the Site, and such service providers may be authorized to place cookies on your device, or collect information from you or your device on our behalf, to enable such functions, including by displaying targeted ads on the Site. 

You can often choose to have your browser warn you each time a cookie is being sent, or you can choose to disable all cookies via your browser settings. On most web browsers, you will find a “Help” section on the toolbar. Please refer to this section for information on how to receive notifications when you are receiving a new cookie and how to turn cookies off. If you turn cookies off, you may not be able to take advantage of some of the Site’s features.

Your browser may also provide you with the option to send a “Do Not Track” signal to websites you visit. This signal is used to request that websites not send the requesting device cookies, but websites have no obligation to respond to such signal or to modify their operation. At the current time, the Site will not treat you differently if we receive Do Not Track signals from your browser and we may not comply with Do Not Track settings on your browser.

Flash cookies. We may use local shared objects, sometimes known as Flash cookies, to store your preferences or display content based upon what you view on the Site to personalize your visit. Our advertisers and third party service providers also may use Flash cookies to collect and store information. Flash cookies are different from browser cookies because of the amount of, type of and manner in which data is stored. Cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies visit https://kb2.adobe.com/cps/526/52697ee8.html. If you disable Flash cookies, you may not have access to many features that make your experience of the Site more efficient, and some of our services may not function properly.

Web beacons. Web beacons are small pieces of data that are embedded in images on the pages of sites. Web beacons may involve the transmission of information directly to us, to another party on our behalf or to another party in accordance with its privacy policy. We may use web beacons to bring together information we collect about you.

HOW WE USE YOUR INFORMATION

Consistent with applicable law and this Privacy Policy, we may use information collected from you, or from devices associated with you, to:

  • Identify you when you visit the Site;
  • Provide you with products and services that you request;
  • Communicate with you about your account or transactions with us and send you information or request feedback about features on the Site or changes to our policies;
  • Send you marketing and promotional materials for our products and services or third party products and services that may be of interest;
  • Personalize content and experiences;
  • Provide you with targeted advertising based on your activity on the Site;
  • Operate, understand, optimize, develop or improve the Site and our products, services and operations, including by using survey research and analytics tools; and
  • Detect, investigate and prevent activities that may violate our policies or be illegal.

Our affiliates may have access to your information where they perform services on our behalf and, unless prohibited under applicable law, for use on their own behalf for the purposes described in this Privacy Policy. 

In an ongoing effort to better understand and serve our users and customers, we may conduct research on user and customer demographics, interests and behavior based on the Personal Information and other information provided to us. This research may be compiled and analyzed on an aggregate basis. We may use this aggregate data for our business purposes and may share such aggregate data with our affiliates and business partners. This aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners and to other third parties for other lawful purposes.

HOW WE SHARE AND DISCLOSE YOUR INFORMATION

We will not share your Personal Information with a third party outside of our affiliates except as described at the time information is collected or in other limited circumstances, including: 

When you consent. We may share Personal Information with third parties if you have given us your consent to do so. We will only share Sensitive Personal Information when you have given us your “opt-in” consent. 

To perform services. We may disclose Personal Information to third parties in order to perform services requested or functions initiated by users, such as processing payments, fulfilling orders and delivering packages. In addition, we may disclose Personal Information in order to identify a user in connection with communications sent through the Site. We also may offer users the opportunity to share information with friends and other users through the Site. 

With third party service providers performing services on our behalf. We share information, including Personal Information, with our service providers to perform the functions for which we engage them, such as hosting and data analysis. We may share information as needed to operate other related services. 

For legal purposes. We may share information that we collect from users, as needed, to enforce our rights, protect our property or protect the rights, property or safety of others, or as needed to support external auditing, compliance and corporate governance functions. We will disclose Personal Information as we deem necessary to respond to a subpoena, regulation, binding order of a data protection agency, legal process, governmental request or other legal or regulatory process, or if we believe in good faith that disclosure is required by law. We may also share Personal Information as required to pursue available remedies or limit damages we may sustain. 

During corporate changes. We may transfer information, including your Personal Information, in connection with a merger, sale, acquisition or other change of ownership or control by or of us or any affiliated company (in each case whether in whole or in part). 

INFORMATION STORAGE AND SECURITY

We hold the security, integrity and confidentiality of your information to be extremely important. We have implemented and will use reasonable efforts to protect your information from unauthorized access, disclosure, use and modification. We regularly review our security procedures to consider appropriate new technology and methods. Please be aware that, despite our efforts, no security measures are perfect or impenetrable. We will retain your Personal Information for the length of time needed to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law. Note that if we update the information we have on file for you upon your request or if we allow you to do so yourself through the Site, we cannot guarantee that older versions of that information (including outdated or inaccurate versions) will not remain on our systems, including in our backups and archives.

YOUR RIGHTS

We respect your choice of how your information is used and shared. We will use reasonable efforts to provide you with access to your Personal Information, so that you may correct, update or delete any inaccurate information or your account, and we will accept requests from you to update your information. In addition, if you do not want us to use or share your information for marketing purposes or to inform you about products and services that may be of interest to you, you may notify us by selecting or deselecting appropriate options presented to you when we collect your information, or by notifying us afterward. We comply with the federal CAN-SPAM Act; you can always opt-out of receiving further email correspondence from us.

If required by law, we will grant a request to delete information, but you should note that in many situations we must keep your information to comply with our legal obligations, resolve disputes, enforce our agreements or for another business purpose.

THIRD PARTY SERVICES

The Site may contain links to Third Party Services with which we have no affiliation. A link to any Third Party Service does not mean that we endorse it or the quality or accuracy of information presented on it. If you decide to visit a Third Party Service, you are subject to its privacy policy and practices and not this Privacy Policy. We encourage you to carefully review the legal and privacy notices of all other Third Party Services that you visit.

DISCLAIMER: NOT CHILD-DIRECTED

The Site is not intended for use by children. If you are under the age of majority in your place of residence, you may use the Site only with the consent of or under the supervision of your parent or legal guardian.

Consistent with the requirements of the Children’s Online Privacy Protection Act (COPPA), if we learn that we have received any information directly from a child under age 13 without first receiving his or her parent’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Site and subsequently we will delete that information.

COMMENTS AND QUESTIONS

If you have a comment or question about this Privacy Policy, please contact brookeatjerrysbodyandframe@gmail.com. 

Please note that all comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered by you to us about or through the Site (collectively, “Comments”) shall be and remain our property. We are not under any obligation to maintain any Comments in confidence, to pay any compensation for any Comments or, unless required by applicable law, to respond to any Comments.

NOTICE TO EU VISITORS

Any Personal Information collected about EU visitors through the Site is processed in the United States by us or by a party acting on our behalf. When you provide Personal Information to us through the Site, you consent to the processing of your data in the United States. The Site is hosted in the United States.

NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 may permit you to request information regarding the disclosure of your Personal Information by us to third parties for the third parties’ direct marketing purposes. If you are a California resident and would like this information, please submit a written request to us. In addition, California Business and Professions Code Section 22581 permits registered users who are minors to request and obtain deletion of certain posted content. 

XII. NOTICE TO NEVADA RESIDENTS.

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal data to third parties who intend to license or sell that personal data. You can exercise this right by contacting us with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal data as sales are defined in Nevada Revised Statutes Chapter 603A.