GDPR Data Protection Officer: Ryan Gilbert
Email: ironmartialartsonline@gmail.com
IMPORTANT NOTE TO RESIDENTS OF THE EUROPEAN UNION AND THE UNITED KINGDOM: This privacy policy contains important information about your rights under the General Data Protection Regulation of the European Union and the equivalent laws of the United Kingdom (the “GDPR”). Please see our GDPR Notice below for more information about these rights.
This PRIVACY POLICY (this “Policy”) describes the kinds of information that Building Body Mind and Soul LLC, a Massachusetts limited liability company doing business as Iron Martial Arts and Iron Martial Arts Online, together with all of its employees, contractors and subcontractors, affiliated parties such as parents, subsidiaries, officers, directors, executives, and shareholders, and other related parties (“we;” “us;” “our;” the “Company;”) collects about our users (“you”).
You are a Data Subject as to information that you receive from any person and transmit via the Website as further defined below, and a Data Subject as to your own information that you transmit via the Website as further defined below, within the meaning of the GDPR. By using ironmartialartsonline.com, any of its related or affiliated domains, webpages, or sub-domains, or any other website that we own or operate, together with any native features thereof including our chat functions and other inter-user communication tools (or communication tools between you and the Company), or document upload/download functions, and all other such functionality whether native to your browser or via an app, including video content that you purchase or stream from us (collectively, the “Website”), you agree to this Policy.
Your acceptance of each term and condition of this Policy is deemed a continuing acceptance, meaning that each time you access the Website, you accept the then-current version of this Privacy Policy, which was last updated July 11, 2020.
The purpose of this policy is to explain how we ensure your privacy, what steps we take to prevent and mitigate the compromise of private information, what kinds of information we collect from you, what we do with that information, and how you may exercise certain of your rights under applicable data privacy laws related to that information. This policy identifies our data protection officer, and provides you with the information that you may need to contact our data protection officer.
All terms of this Policy and our Terms of Use apply whether you log in via a browser or through an app native to a mobile device or any other device. When using a native login, you sign up and enter login credentials directly into your browser. This Policy, and our Terms of Use, make no distinctions between browser-based (whether desktop or mobile browsers) and app-based logins except where expressly stated herein. Browser-based logins may be further subject to the terms of service (however styled) of your chosen browser. When using a browser-based login, your browser is a third-party within the meaning of the GDPR. We do not and cannot collect or store information that you submit to your web browser but not to us (for example, if you enter text into a text field on a browser-based login page, but do not click the Submit button or otherwise execute a command to send that information to us).
Who is responsible for the Company’s data privacy compliance, and how do I contact that person?
The Company’s GDPR Data Protection Officer is Ryan Gilbert, an authorized representative of the Company (the “Protection Officer”). The Protection Officer may be contacted via email at ironmartialartsonline@gmail.com , or by writing to us at:
Building Body Mind and Soul LLC
ATTN: GDPR Data Protection Officer
675 Great Road Unit F
Littleton MA 01460
You may complain to the GDPR Protection Officer if you think there is a problem with the way we are handling your data. You may also contact the GDPR Protection Officer in order to exercise any of your rights, including your “right to be forgotten,” under the GDPR.
What kinds of information do we collect about you?.
Any information that you enter into any text field on the Website will be collected by the Company for internal use except where noted otherwise in this notice. Any text, reviews, images, video, links, files of any type, or any other content, including communications that you make to us via email or any other means, and including requests made to us to erase certain of your data or complaints to the Protection Officer (which requests we are required to keep, even after we have deleted the data described in requests to delete data) (collectively, and without limiting the generality of the foregoing, “Content”) that you post onto the Website will be collected for internal purposes only and not distributed to third parties except for MailChimp and our related marketing tools (“Third-Party Platforms”). Certain pseudonymous information about you (which means information, like your IP address, that cannot be used to identify you specifically, but which is unique to you) may be collected by our web host and used for internal purposes only. Our web host is a Third-Party Platform within the meaning of this Privacy Policy. Content that is transmitted via Third-Party Platforms is collected and processed as further described below.
We host virtual classes that may be streamed through Third-Party Platforms. All such communication tools, which may include Zoom, Skype, or otherwise, are Third-Party Platforms. We do not collect any data related to virtual classes except for the identity of the person who signed up for the class (even if this is not the person who actually attends the class). With the strict exception of internet online events and communications held for local customers whom intend to train in-person at our local brick-and-mortar store, but cannot due to pandemics such as COVID19, our Instructors are forbidden from requesting and/or sharing any personal identifying information about class attendees. Please contact the Protection Officer if you are asked to provide any identifying information about yourself during such classes. You may not provide us with any personal information during classes and your access to such classes may be terminated without warning or notice if you provide such information, in the event that our classes allow for two-way communication. Online classes may be taped and used for marketing or operational purposes.
Content that you input to the Website or transmit via the Website in any form may be collected. Content that you post to the Website, such as blog comments, may be visible to all or some other users, and to the Company.
We also collect, store, and process any information, whether or not constituting Content, that you submit to the Company in any form, including via email.
We collect, store, and process any information that is sent to our GDPR Compliance Officer, as further defined below, for purposes of complying with the actual or stated intent of any requests received that are within the responsibilities of the GDPR Compliance Officer, and for internal purposes including tracking the frequency of different GDPR requests and ensuring the suitability of internal compliance protocols.
Please login to our website and visit your account to update your privacy settings anytime and review our policy.
Information that you enter into the Website at the point of account creation will be stored by us and used to create a customer profile for you, except that we do not store passwords locally. If you lose your password, you may request a password reset. We cannot provide you with your current password because we do not know it.
Information that we request at the time of account creation may include an email address and other contact information, your name, and a display name. The Company maintains records of its customer profiles to facilitate quick or automatic logins by customers, for purposes of counting the number of its customer profiles, and so that the Website and the Company can remember this information for future visits to the website. Please see our Cookie Policy below for more information about what information we collect and use to expedite Website functions.
If you delete your account, the company may retain a headcount of total accounts created that pseudonymously (meaning your specific account is not referenced or known by name) includes the fact that your account was created.
We also collect information about your uses of the Website. For example, our web host will note the dates and times that your account is accessed, and will note the approximate physical location from which your account is accessed based upon the IP address of the device that logged into the Website. This information is “pseudonymous” within the meaning of the GDPR, and is subject to deletion at your request the same as any personal identifying information.
We also collect information about the Content that you view while using the Website. We collect information about how long you use the Website. We may collect certain non-personal information about your Website usage, such as an IP address or similar information. Please see below for more information about the kinds of non-personal information that we collect about you.
If you make any purchases through the Website or purchase any of our products or services, third-party payment processors may collect your payment information for purposes of completing that transaction and maintaining a customer profile for you. This information is saved on the servers of our third-party ecommerce gateway. (I.E Stripe, PayPal or other) If your browser prompts you to store payment information, that information is stored by your browser and is subject to your browser’s terms of service and not ours. We have no control over data that is stored by your browser, except as specifically set forth in our Cookie Policy (since we direct your browser as to the content of Cookies).
We also collect information about inputs that you make to the Website other than Content. For example, if you receive and accept internal messages or other information from us via the Website, we will collect information about transmitted information, and your engagement with that information, to ensure that Content you choose to share or transmit to others complies with our Terms of Use.
If we choose to display promotional content or advertisements, we may use information about the kinds of Content that you view, and your own Content, to determine the advertising experience that is most relevant to your interests.
What kinds of non-personal information do we collect about you?
The Company collects certain non-personal information about you. By “non-personal information,” we mean information about you that cannot be used, and is not stored, in a way that can identify you personally. This information may also be known as “pseudonymous” information.
The Website will collect information about your location based on your IP address. An IP address is a user-supplied identifier that allows the Company to know, in general terms, where its users are located. An IP address is not the same as a physical address, and is not the same as either your shipping address or your billing address, if applicable.
The Company uses your IP address for internal purposes such as knowing which countries provide certain percentages of its users. The Company does not distribute your IP address to any other person. The Company does not verify your IP address or connect it to your shipping or billing address for purposes of checkout if you purchase any products or services from us. Your IP address is not and cannot be used by the Company to identify you personally. The Company’s web host and/or third party security provider will also know your IP address for purposes of logging visits to the Website from your IP address and for preventing distributed denial-of-service attacks, which are disruptive attacks on websites caused by very large numbers of simultaneous visits to the Website.
The Company collects information about users such as the number of users visiting the Website at any given time, the times during which visitors visit the Website, the length of time that users use the Website, which pages they visit, which products they order, and what other actions they take while using the Website. This information is collected by the Website and is provided in an anonymized form to the Company’s data analytics provider, which is Google Analytics (the “Data Analytics Provider”). This information is used by the Company to track the engagement, general geographic origin, and headcount of its users. This information is combined together to provide general demographic information on the Website’s users. This information is not and cannot be used to identify you specifically.
The Data Analytics Provider is a third-party processor for purposes of the GDPR.
What does the Company do with payment information?
The Company’s Third-Party Platforms may include payment processing tools or merchant services providers (all such payment platforms, without limiting the generality of the foregoing, “Merchants”). The use of any Merchant is subject to the terms of service and privacy policies of that Merchant. The Company does not collect or store payment information except for the express and limited purpose of verifying submitted payment information to enable checkout. Except for the last 4 digits of your credit card, the Company does not store your credit card information or other information, including any of your native login credentials to a Merchant.
Any payment information that is transmitted to us through the Website is transmitted via a token system. Payment information is reduced to a pseudonymous token, transmitted to the Merchant, who confirms to us whether or not payment is successful. The Company collects and processes information related to the success or failure of payments for the purpose of effectuating fulfillment of any order or purchase, and where applicable, will also collect and process information related to your shipping or billing address for the express and limited purpose of verifying successful payment and effectuating fulfillment of any order or purchase (such information shall be deemed Content hereunder).
The Company cannot remind you of lost or forgotten payment information because the Company does not know it.
How is your information shared?
Content that you post to the Website (such as blog comments) is shared with other users. We also share Content and other information internally. We may review Content internally to determine that Content does not violate this Privacy Policy or our Terms of Use.
If we elect to provide promotional content or advertising, we may share information about the kinds of Content that you post and use, information related to your general geographic location as we infer it from your IP address, and other information that you supply to the Website to ensure that promotional content or advertisements are relevant to your interests.
We do not share your information with third-parties except to the express and limited extent that your use of a Third-Party Platform, via an API or otherwise, may necessitate the sharing of certain of your information (such as your IP address) via the Third-Party Platform’s API. If you use the Website to schedule classes, or any other communication, where such communication takes place via a Third-Party Platform, such information may be accessible to the Company. The Company may record, store, or otherwise process audio or video calls, or similar meetings as a way to provide future educational content to you and/or the public. These videos will not include personal information.
We will also respond to a valid subpoena or other valid governmental requests for information. If we receive a valid subpoena or other valid governmental request for information about you, we may not disclose this request to you.
If we elect to provide for integration with other third-party apps or other services with the Website, we may share your Content or other information with those third-party apps or other services depending on their own terms and conditions. We will not share your information with any third-party apps or other services without first informing you.
If we have a good-faith belief that a user has posted Content or otherwise used the Website in a way that makes us believe that a user has engaged, or is about to engage, in criminal activity or other serious wrongdoing, we may share that information with the relevant authorities. If we do so, we may not inform you when we share that information.
Cookie Policy
The Website uses cookies. Cookies are small files that the Website places in your browser in order to track your activity across multiple separate pages within the same instance of the Website. For example, if you navigate to a sub-page of the Website with a fillable form that you then submit, a cookie will be used to connect the browser activity that filled that form with the browser activity that acknowledges our receipt of the same form. Cookies are used to maintain consistency across a session of Website use. Please contact us at GDPRIronMartialArtsOnline@gmail.com for more information about our Cookie policy and for information about our Cookie Policy. You may instruct your browser not to accept, or to delete, Cookies. The Website may become unstable or suffer diminished functionality if you delete or prevent the use of Cookies.
NOTICE TO RESIDENTS OF THE EUROPEAN UNION AND THE UNITED KINGDOM
Nothing in this notice should be construed as amending, modifying, replacing, or otherwise affecting the terms and conditions of any transactions between you and the Company, except that to the extent any such terms and conditions are inconsistent with the General Data Protection Regulations of the European Union and the equivalent rules of the United Kingdom and any other applicable jurisdiction (altogether, the “GDPR”) those terms and conditions are VOID.
Instructions For Exercising Your Right To Instruct Us To Forget Your Information
The GDPR provides a generalized “right to be forgotten,” meaning that you have the right to instruct us to delete any and all information that the Company, the Website, or any of the third parties collects about you. Please contact us by email at GDPRIronMartialArtsOnline@gmail.com by phone at in order to instruct us to forget any or all of the information that the Company, the Website, or any of the third parties collects about you. You may delete your profile entirely in the “My Account” settings . If you want to exercise your “Right to be Forgotten” you should unsubscribe from any and/all emails you get from us, as well as any related Third-Party platforms.
These are the steps needed for account removal in the “Right to be Forgotten”. If you want to remove your account from our website you must take the following steps in order:
The delete option provided by the Delete Me plugin is not visible to Administrators.
Your “Right to be Forgotten” request will be processed in any event within undue delay. Please send any questions regarding subscription cancellation or membership cancellations or Right to be Forgotten requests or GDPR concerns to GDPRIronMartialArtsOnline@gmail.com. This withdraws your consent from our policies. Per the GDPR, we may take up to 24 hours to process any withdrawn consent. You may download a copy of the personal data you have provided through the controller in the settings. Any further subject access requests must be directed via email to GDPRIronMartialArtsOnline@gmail.com.
The Model GDPR Clauses Apply to this Policy. Except where expressly stated to the contrary, the Model Clauses of the GDPR apply to this Privacy Policy.
We will follow instructions received from our you pertaining to your rights under the GDPR or any other similar law. You are a “Data Controller” within the meaning of the GDPR. With respect to personal data, we follow instructions that we receive from you, including your instruction to provide you with a machine-readable copy of all information about you that we store or process, and including your instruction to us to “forget” such information, unless those instructions are (i) legally prohibited or (ii) require material changes to the Software. In addition, we will reasonably support any Data Controller in addressing requests from other Data Controllers or regulatory authorities regarding our processing of personal data. If we cannot comply with an instruction or if there is a user-billable cost to comply with the instruction, we will promptly notify you.
To process personal data, we and our sub-processors will only use personnel who are bound to observe data secrecy under the Data Protection Law. We will use the appropriate technical and organizational measures to meet this objective.
At signup, each user will be prompted to consent to this policy, which has been customized by each client in the Admin Settings. We record the date/time when the consent was given, and for TOS/Privacy consent we restrict any access unless consent was given. The option to withdraw consent is entailed in the option to delete the user profile.
YOUR CALIFORNIA PRIVACY RIGHTS
This Privacy Policy describes how we may share your information for marketing purposes. You may contact us with any questions and, to the extent applicable, to request a list of third parties to whom we may disclose information for marketing purposes and the categories of information we may disclose. Users under the age of 13 who are subject to the laws of the State of California may not use the Website. If you are under the age of 13, or if you are contacting us on behalf of someone who is under the age of 13, please contact us at GDPRIronMartialArtsOnline@gmail.com.
Further Terms, Conditions, and Covenants
Regarding purchases and sales, please note all sales are final. You must be at least 18 years old to use this site or attend any online trainings offered and in the case of children’s classes all parents or legal guardians must be present with child. There are no refunds or returns. You may cancel subscriptions and/or membership at any time. To do so, we ask you simply use the customer dashboard log in and click on the provided cancel subscription option and/or cancel membership options, on your customer profile of our website.
Our Company in no way offers actual martial arts testing certification or belt testing throughout our programs created and offered for you. Your membership and participation is strictly for educational and informational purposes only and does not confer as actual license, status, title or recognition of any kind.
Company reserves the right to class cancellations in event of unseen emergencies or scheduling complications logistically, otherwise a normal weekly schedule is followed with the exception of major US Holidays. In the event several classes are missed or cancelled due to logistical complications or unforeseen circumstances, Company will make every attempt to alert people ahead of time and offer makeup classes if possible. There are no partial subscription reimbursements, refunds or discounts in the event of planned or unplanned online or in-person class cancellations.
All products and services sold or provided by the Company are provided “as-is.” You assume the risk of participating in any Company activities, including online or in-person webinars, meetings, seminars or classes and understand Company will not be held liable for injuries of any kind. You understand that the Company is principally in the business of teaching and training related to martial arts and other activities directly related to health and physical fitness. The Company does not and cannot give you health or medical advice related to your fitness to engage in martial arts or other strenuous physical activity. Any questions, comments or concerns related to your health or physical fitness are solely your responsibility and the responsibility of your physician. If you are purchasing, overseeing or using our material in any way for minors of whom you are legal guardian, you assume all risks and should also check with their own medical provider before taking up any new fitness or extracurricular activity. You should not use any of our material with family or others of whom you are not their legal guardian. You further understand that there is a certain risk of injury to martial arts or any other athletic activity or exercise. The Company does not warrant against such injury. You assume all such risks. The Company expressly disclaims any responsibility for such injury or any adverse health events of any kind. To the fullest extent permissible under applicable law, the Company disclaims all warranties of any kind as to any products or services it provides (including free services).
The information on this site is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through this web site is for general information purposes only. Building Body Mind Soul LLC and www.ironmartialartsonline.com and www.buildingbodymindsoul.com and all content therewith makes no representation and assumes no responsibility for the accuracy of information contained on or available through this web site, and such information is subject to change without notice. You should never attempt any treatment of any kind without first consulting your licensed healthcare provider. Never disregard professional medical advice because of anything you have read or seen through our website or any of our related contents.
We do not endorse, advocate, recommend or make any representation about the efficacy, appropriateness or suitability of any specific tests, products, procedures, treatments, services, opinions, health care providers or other information that may be contained on or available through this web site. Building Body Mind Soul, LLC is not liable or responsible for any advice, course of treatment, diagnosis or any other information, services or products that you obtain through this website or its contents in whatever form.
This website and all its material are for information purposes only. Nothing has been evaluated by the FDA or is intended to cure, diagnose, treat or prevent any disease. You should always consult your medical provider before taking any supplement or medicine or trying any new physical activity to ensure your own safety. Anything you do with this information provided is entirely at your own risk.
No Company agents are medical doctors. Nothing presented here should be presented or interpreted as medical or psychiatric advice – discussions are entirely conversational only. Nothing discussed should be interpreted to screen, diagnose, treat, prevent or cure any disease or disorder. Health information, such as discussions of the relative health benefits of exercise, should be deemed of a general character only not constituting medical advice to you. The Company does not represent or warrant any particular health outcomes, whether beneficial or adverse. No Company’s agent is empowered to bind the Company to any particular health-related statements. The Company does not endorse any such statements, whenever and however made. You assume all risks related to the products and services of the Company, including where such services (such as webinars) may incidentally involve references to health or medical information.
Nothing financially discussed regarding money, investments, savings, or business strategies or ideas is intended to be financial or business advice in any way. We are not legal professionals or financial advisors. All content of this site or referenced material therein is for informational purposes only and should not be construed as professional, legal, tax, financial, investment or any other advice. You alone assume the sole responsibility for any investments or financial actions you take. You agree to not hold Building Body Mind Soul, LLC or its affiliates or partners or any third party service provider liable for any possible claim to damages arising from any decision you make based on the information or content of this site. You acknowledge that you bear all risks associated with the information and content on this site, including without limitation, any errors made in the accuracy, usefulness or completeness of the content on this site.