We take privacy very seriously. We recognize that your privacy is a high priority and we are committed to protecting it. This Policy provides an overview of what information Physique 57 may collect from you through the Website, and how we may use it. We pledge that we will take reasonable steps to ensure that your personal information collected through the Website will only be used in ways that are in compliance with this Policy.
This Policy is in effect only for any collective non-user-specific information and personal information collected and/or received through the Website, as well as through third party social media sites. Your use of the Website is also governed by the Terms and Conditions.
Physique 57 may collect three types of information when you visit or use the Website: contact information; usage information; and credit card information.
In order to participate in certain features, services and/or programs of the Website, we may require that you provide us with certain specific information, such as your name, mailing address, telephone number, email address, and/or other information specific to you. The foregoing use includes creating User Accounts (as defined in the Terms and Conditions) for use in connection with the Website. You can choose whether or not to provide us with this information, but if you choose not to provide any required information, your experience on the Website may be diminished and some features may not be available or may not work as intended.
Physique 57 may obtain non-individualized, generic information about you when you visit the Website. This may include your IP address, Unique Device Identifier, browser type and language, arrival time and referring website. The IP address reveals nothing personal about the user other than the IP address from which the user has accessed the Website. We may use this information to examine our traffic in the aggregate, but do not collect and evaluate this information for individuals.
The Website may also contain electronic images known as Web Beacons (sometimes referred to as “clear gifs”). Web Beacons collect only limited information that includes a cookie number, time and date of a page view, and a description of the page on which the Web Beacon resides. We may also carry Web Beacons placed by third party advertisers. These Web Beacons do not carry any personally identifiable information and are only used to track usage of the Website and activities associated with the Website.
Credit Card Information
The online store at the Website is designed to protect the privacy of your credit card information, name, address, email and any other information you provide us. Physique 57 is committed to data security with respect to information collected on the Website. We offer the industry standard security measures available by utilizing a Secure Socket Layer (“SSL”) connection. All credit card information that you provide in connection with making a purchase through the Website is transmitted using 128-bit encryption technology and processed by a trusted third party merchant processor (e.g., Global Payments East and PCCharge). If at any time you would like to make a purchase, but do not want to provide your credit card information online, you may contact a sales representative over the telephone. Simply call (888) 899-4886. It is our practice to contact customers if a problem should arise with your purchase or if we need to send you a normal business communication regarding your purchase.
PURPOSE AND USE OF INFORMATION COLLECTED
We use information supplied by you to provide products and services to you. We also may receive information about you in connection with a request from you and/or providing support to you.
We may now or in the future collect names and/or email addresses for the purpose of maintaining a mailing list regarding our products and other products in which we believe you would have an interest. Physique 57 does not use your email address or other personally identifiable information collected through the Website for commercial or marketing purposes without your consent or except as part of a program or feature for which you will have the ability to opt-in or opt-out. Non-identifiable information about you may be used for the purpose of improving the features and functionality of the Website.
WHEN INFORMATION IS DISCLOSED BY PHYSIQUE 57
We may share non-personally identifiable information (such as anonymous user usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with third parties to demonstrate the usage patterns for Physique 57’s advertisements, content, functionality promotions and/or services on the Website.
We also reserve the right to disclose personally identifiable information and/or non-personally-identifiable information in connection with the enforcement of our Terms and Conditions, 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 Website, and to protect the rights, property, or personal safety of Physique 57, our users or others.
We reserve the right to transfer your personally identifiable information, as well as any other information, in connection with the sale or other disposition of all or part of the Physique 57 business and/or assets. We also cannot make any representations regarding the use or transfer of your personally identifiable information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. Furthermore, we cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties (including other users of the Website) that receive any of the information that is disclosed to us. The Website also links to a wide variety of other websites and the Website may contain advertisements of third parties. We are not and cannot be responsible for the privacy policies of those websites of third parties or how they treat information about their users.
USER ACCOUNT, PASSWORD, AND SECURITY
For certain features available through the Website, we may require the use of encryption technologies provided for your protection and/or your purchase of items through our web store. We use reasonable precautions to protect the privacy of your UserID, password and User Account information, all credit card information is collected and transmitted by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your credit card information is encrypted using an SSL connection and is not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to: (a) immediately notify Physique 57 of any unauthorized use of your UserID, password and/or User Account, and/or any other breach of security; and (b) ensure that you exit from your User Account at the end of each session. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
EMPLOYMENT OPPORTUNITY INFORMATION COLLECTION
For individuals interested in job opportunities with Physique 57 and that submit personal information or a resume through the Website, such information is shared with Physique 57’s human resources department and others within Physique 57 who are involved in the recruitment process.
INFORMATION FROM CHILDREN
Parents should be aware that this Policy will govern our use of personal data, but also that information that is voluntarily given by children – or others – in email exchanges, bulletin boards or the like may be used by other parties to generate unsolicited communications. Physique 57 encourages all parents to instruct their children in the safe and responsible use of their personal data while using the Internet.
PRIVACY OUTSIDE THE WEBSITE
The Website may contain various links to other websites, including links to various third party service providers. Physique 57 is not and cannot be responsible for the privacy practices or the content of any of those other websites. We do not share any of the personal information that you provide to us with any of the websites to which the Website links, although we may share aggregate, non-personally identifiable data with those other websites. Please check with those websites in order to determine their privacy policies and your rights under them.
We make every effort to ensure that information collected through the Website is not lost, misused, or altered inappropriately by administering security measures. However, all information transferred over the Internet can potentially be accessed by unauthorized parties; therefore, Physique 57 cannot guarantee the security of your data transmitted to the Website.
CHOICES WITH YOUR PERSONAL INFORMATION
Whether you submit personally identifiable information to Physique 57 is entirely up to you. You may decide not to submit personally identifiable information through the Website, in which case Physique 57 may not be able to provide certain services to you.
You may opt out of any disclosure or use of your personally identifiable information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by following the instructions at the end of this Policy, or by following the procedures set forth in an electronic communication from us, if applicable. There are some uses from which you cannot opt-out, such as our use of information about you in connection with providing support that you request for the Website.
YOUR CALIFORNIA PRIVACY RIGHTS
Under California’s “Shine the Light” law, California residents who provide personal information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2013 will receive information regarding 2012 sharing activities).
To obtain this information on behalf of Physique 57, please send an email message to [email protected] with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your email address in response.
Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by email or by sending your comments or requests to:
24 West 57th Street
New York, NY 10019
Attn: Customer Care – Website
Copyright © 2013. Physique 57. All Rights Reserved.
EFFECTIVE AS OF: MARCH 15, 2013
LAST UPDATED: DECEMBER 15, 2020