EFFECTIVE DATE: August 8, 2020
Important note about children’s privacy: We take children’s privacy very seriously. Our Services are not targeted to children, and we will not collect personal information from any users who we know to be under 13 years old, unless we first obtain verifiable parental consent as required by the Children’s Online Privacy Protection Act Rule (COPPA).
A. The Information We Collect About You
We collect information about you directly from you (both online and in store) and from other sources, as well as automatically through your use of our Website, App, or Services.
Information We Collect Directly From You
We collect information from you when you contact us, register with our Website or App, reserve sessions, make a purchase, or otherwise interact with our clinic staff, Website or our App. The type of information that we collect varies based on your interaction with us and may include: your name, email address, password, and phone number, date of birth, gender, and, if you make a purchase from us, payment information, purchase history, and shipping address. To create an account and participate in one of our sessions, we need emergency contact information for our customers. We also may collect information about your therapy preferences. If you provide this information directly to one of our clinic attendants, we may associate this information with your account (e.g., if you sign up for a session while you are in the clinic).
You may choose to voluntarily provide other information to us that we do not request, and, in such instances, you are solely responsible for such information.
Information We Collect from Other Sources
We also collect information from other sources. The following are the categories of sources we collect information from:
- Our customers, who provide the name and phone number of an emergency contact when they create an account with us, and who also may provide us information about their friends, e.g., so that we can invite others to try our session.
- Data brokers or resellers from which we purchase data to supplement the data we collect.
- Social Networks when you engage with our content, reference our Services, or grant us permission to access information from the social networks.
- Partners that offer co-branded services, sell or distribute our products, or engage in joint marketing activities.
- Publicly-available sources, including data in the public domain.
- Advertising Partners when you engage with our advertisements and take actions on our site.
Information We Collect Automatically
We automatically collect information about your use of our Website and App through cookies, web beacons, and other technologies, including technologies designed for mobile apps. We combine this information with other information we collect about you as well as use this information to identify you across your multiple devices.
- Domain name.
- Your browser type and operating system.
- Web pages you view; links you click; your IP address.
- The length of time you visit our Website and or use our Services.
- The referring URL or the webpage that led you to our Website.
- Mobile device ID; device name and model; operating system type, name, and version.
- Language information.
- Activities within the App; and the length of time that you are logged into our App.
- Location information. With your permission, we will collect location information from your mobile device to help you locate the nearest IMB location and to send you push notifications, such as promotional notices when you are near a clinic. You may turn off this feature through the location settings on your mobile device.
- Calendar. With your permission, we may access your mobile device’s calendar to help you keep track of your upcoming session.
- Contact list. With your permission, we may access your contacts to allow you to identify your emergency contact and upload their contact information.
- Photos. With your permission, we may access your photos and videos to allow you to save and share content from the app.
- Automatically Collected In-Store Information. Our clinics are monitored 24 hours a day by closed circuit television. We use this information predominantly for loss prevention and safety purposes. We may share this information as permitted by law to protect our rights and interests, the rights and interests of others, and as otherwise permitted by law.
B. How We Use Your Information
We collect and use information for the following business and commercial purposes described below, and in accordance with the practices described in this Policy:
To provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Website and App.
For marketing and promotional purposes. For example, as permitted by applicable law, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you, including information about products and services from other entities. We also may use the information that we learn about you to assist us in advertising our services on websites and social networking sites owned and operated by other entities.
- To send you push notifications (you may opt-out through the settings in your device).
- To better understand how users access and use our Website and App, both on an aggregated and individualized basis.
- To evaluate, improve, or modify our Website, App, and Services, including our services offered in our clinics.
- For research and analytical purposes.
- To administer our customer loyalty programs.
- To administer surveys and questionnaires.
- To comply with applicable legal obligations, including responding to a subpoena or court order.
- For other business related purposes, including, for example, in the context of merger, acquisition, sale/purchase of assets, or bankruptcy.
- To protect us and others.
- To provide you with information, if you request it, regarding your performance in connected Infrared Mind + Body sessions.
- To fulfill any other business or commercial purposes at your direction or with your notice and/or consent.
Notwithstanding the above, we may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.
C. How We Share Your Information
We may share your information as follows:
We disclose the information we collect from you to our affiliates or subsidiaries, including for business purposes such as customer support, marketing, and technical operations. We also share information with affiliates for commercial purposes, including their own direct marketing purposes.
We may disclose the information we collect from you to service providers, contractors or agents who perform functions on our behalf. For example, we share your information, both on an individual basis or in the aggregate, with our service providers to assist us in advertising our products and services and to assist us in determining relevant advertising. These service providers may include entities that assist us and other companies with communicating with you and serving advertisements to you, including advertisements on websites and social media platforms owned and operated by other entities, as well as through push notifications and email. Please see Social Media and Technologies Integrations for additional information about Website and App advertising.
We also share information in the following circumstances:
We share information with vendors for business and commercial purposes, including analytics and advertising technology companies. Vendors may act as our service providers, or in certain contexts, independently decide how to process your information.
We may disclose the information we collect from you with our partners, including for their own direct marketing purposes. For example, we disclose information to our partners in connection with offering co-branded services, selling or distributing products or services, or engaging in joint marketing activities or promotions.
If we are acquired by or merged with another company, if some or all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
In Response to Legal Process
We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
To Protect Us and Others
We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or as evidence in litigation in which IMB is involved.
With Your Consent or at Your Request
We may disclose the information we collect from you with your consent or to facilitate your requests.
Aggregate and De-Identified Information
We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Website and our App, while others are used to enable a faster log-in process or to allow us to track your activities at our Website or our App.
Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Website who disable cookies will be able to browse certain areas of the Website, but some features may not function.
Clear GIFs, pixel tags and other technologies
Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs, or pixel tags), in connection with our Website and our App to, among other things, track the activities of our Website visitors and App users, help us manage content, and compile statistics about Website and App usage. We and our service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded. We also use SDKs to, among other things, track our conversions, associate with your account how you use our Website and our App when you are not logged in to the account, and bring you advertising both on and off our Website and our App.
Cross Device Use
We use the information that we collect about you (whether directly from you from our Website, App, or in-store purchase activities, through your device(s), or from another source) to help us identify other devices that you use (e.g., a mobile phone, tablet, other computer, etc.). We also use the cross-device tracking and other information we learn about you to serve targeted advertising on your devices, to send you push notifications, and to send you emails. To opt-out of cross-device advertising, you may follow the instructions set forth in the Social Media and Technologies Integrations section below. Please note: if you opt-out of these targeted advertising cookies, your opt-out will be specific to the web browser or mobile device from which you accessed the opt-out. If you use multiple devices or browsers, you will need to opt-out each browser or device that you use.
There is no industry do-not-track standard; IMB has processes in place that are designed to recognize web browser “do-not-track” signals. The Help portion of the toolbar on most browsers will tell you how to use your web browser’s do-not-track feature. Please be advised that we cannot guarantee that our processes will capture all such do-not-track signals. You also may disable certain tracking as discussed in this section (e.g., by disabling cookies); you may opt-out of targeted advertising by following the instructions in the Social Media and Technologies Integrations section.
As indicated above, vendors may act as our service providers, or in certain contexts, independently decide how to process your information. We encourage you to familiarize yourself with and consult their privacy policies.
E. Social Media and Technologies Integrations
We also offer content through social media. Any information you provide to us when you engage with our content (such as through our brand page) is treated by IMB in accordance with this Policy. Also, if you publicly reference our Services on social media (e.g., by using a hashtag associated with IMB in a tweet or post), we may use your reference on or in connection with our Services.
Users in the United States may opt out of many ad networks, including those we work with on our Website and App. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Website or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
F. SMS/MMS Mobile Messaging
We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.
California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact us at the following address:
2705 Olde Cypress Drive
Naples, Florida 34119
G. Customer Matching
We use audience matching services to serve advertisements targeted to reach people (or people similar to people) who have visited our Services or are identified in one or more of our databases (“Matched Ads”). This is done by us uploading a customer list to a technology service (such as through Facebook Custom Audiences or Google Customer Match) or incorporating a pixel from a technology service on our Services, and the technology service matching common factors between our data and their data. We also work with partners to deliver Matched Ads based on data about you and others in those partners’ own databases or match the partner’s data against our own customer lists. To opt-out of us using your data for Matched Ads, please contact us as at firstname.lastname@example.org and specify that you wish to opt-out of Matched Ads. We will request that the applicable technology services not serve you Matched Ads based on information we provide to it. You may also contact the applicable technology service to opt-out. We are not responsible for such technology service’s failure to comply with our or your opt-out instructions.
H. Links to Other Websites, Platforms, and Services
Our Website and App may contain links to websites platforms, and other services not operated or controlled by us. Any access to and use of such linked websites, platforms, and services is not governed by this Policy, but instead is governed by the privacy policies of those websites, platforms, and services. We are not responsible for the information practices of such websites, platforms, or services.
I. Security of My Personal Information
We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite these measures, no data security measures can guarantee security.
You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
J. Access to My Personal Information
You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Website or App for a period of time.
K. What Choices Do I Have Regarding Promotional Emails?
We may send periodic promotional emails to you. You may opt-out of our promotional communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us.
Upon completion of a Infrared Mind + Body challenge, Infrared Mind + Body will send one email to challenge participants, including those who have unsubscribed from general marketing messages, with his/her rewards details. Challenge participants can unsubscribe from receiving the rewards notification at any time by emailing email@example.com.
L. Texts and Calls
We may send periodic promotional and operational texts to you. You may opt-out of our promotional communications by responding STOP.
M. Contact Us
If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at firstname.lastname@example.org.
N. Changes to this Policy
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Website and App. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Website and App.