TERMS OF SERVICE
DISCLAIMER OF LIABILITY
YOUR PRIVACY AND COVID-19
This Your Privacy and Covid-19 Notice was last updated on September 28, 2020.
As the current circumstances and the needs of our community evolve, this Privacy Notice may be modified or updated in BIOWAVES’s sole discretion. If we make any changes to our Privacy Notice, we will post the revised document here and such changes will be effective immediately upon that posting. Please review this Privacy Notice periodically to ensure you are aware of any changes.
What Information We’re Collecting: We may collect certain information about your potential exposure to COVID-19 and health through periodic health declarations or questionnaires we ask you to complete. We may also collect measurements of your body temperature and facial scan as part of our screening process when you arrive at a club. This information will not be associated with or linked to your name or membership information, and your facial scan will only be associated with the body temperature measurement, but may be temporarily stored on the screening device, as further described below. Lastly we may collect information provided by you, or a public health authority or other government agency, if you test positive for COVID-19, including information about how you interacted with BIOWAVES during the time in which you may have been infected with COVID-19. All of the foregoing is referred to in this Privacy Notice as “Screening Information”.
What We’re Doing with Screening Information: We collect and use Screening Information to help provide a safe environment for our employees and members, to determine any potential COVID-19 exposure, and to administer your membership and access to our clubs. We will use Screening Information in furtherance of those legitimate interests and business purposes. We will not use your Screening Information for any marketing or promotional purposes.
Your Options: At this time, BIOWAVES requires you to provide Screening Information as a condition of entry to its Clubs. However, if you are uncomfortable with providing any requested Screening Information or do not wish to consent to this Privacy Notice, we are happy to place your membership on a complimentary freeze during the period in which Screening Information is required. If you do not consent to the collection of your facial scan, when you arrive at the club you may request to instead have your body temperature measured by a handheld thermometer, and your body temperature will not be stored. Please contact BIOWAVES staff or your Studio’s General Manager if you have any questions regarding our screening procedures or would like to freeze your membership.
INFORMATION WE COLLECT
The types of personal information we collect include:
“Identifiers” such as your real name, alias/preferred name, postal address, unique personal identifier (e.g., device identifiers, cookies, beacons, pixel tags, mobile ad identifiers and similar technologies; member ID number, unique pseudonyms, and other forms of persistent or probabilistic identifiers), online identifier, internet protocol (IP) address, email address, telephone number, login credentials (e.g., username and password), signature, driver’s license or state ID card number, passport number, other government-issued identification information, and other similar identifiers and contact information.
“Commercial information” such as records of the products and services purchased, obtained or considered, purchasing or consuming histories or tendencies and other transaction-related information.
Payment and financial information, such as your credit/debit card number, expiration date and security code, bank account number, and billing address. Your credit/debit card number is collected and stored by third-party payment processors on our behalf. We store only the last four digits of your payment card.
“Characteristics of protected classifications” under applicable laws, age, sex, race, national origin, religion, gender, gender identity, gender expression, marital and family status, medical condition, disability, citizenship status, and military and veteran status, as well as other demographic information such as your date of birth..
Information and data regarding your fitness, health, nutrition, activities, biological characteristics, and training goals, programs and progress.
• Membership and usage information if you are an BIOWAVES member, such as the Clubs you visit and the times you check in, workouts you log, classes you book, and information provided when you purchase or schedule training sessions and spa treatments.
Personal preferences such as favorite clubs, classes and instructors.
Sensory information such as audio, electronic, visual and similar information, including photographs and CCTV video footage.
Biometric information such as facial geometry scans or other facial recognition information.
Travel information in connection with BIOWAVES Explore such as travel itineraries, flight details, visa and travel insurance information, dietary restrictions, and other information relating to quoting and booking a travel service (e.g., destinations, countries and products you are interested in).
Information in connection with applying for a job at BIOWAVES such as employer and employment history, education, job function, salary, professional certifications and other resume information.
Online and other electronic network activity, such as browsing history, search history, and information regarding your interaction with the Sites and other websites, applications or advertisments.
Social media handles, content and other information that you post to our social media pages or tag us on your social media pages, and information we obtain from third-party social media services (e.g., Facebook) if you choose to link to, or create or log in to your BIOWAVES online account through, these services.
Information from third-party fitness devices, apps or services (e.g., Apple Health) or from our affiliates’ or third-party partners’ sites, apps, products, services or offerings (the foregoing, collectively “Connected Accounts”), if you choose to connect any of the foregoing to your BIOWAVES account or our Sites, or if you chose to use your BIOWAVES account to log into or validate your account with any Connected Account.
Other Information you provide to us, including through emails and other communications, surveys, information or content transmitted or uploaded through your BIOWAVES account (such as posts to message boards), and interactions with BIOWAVES and its personnel, or information when you enter any sweepstakes, contests or promotions we may offer.
Inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
In many cases, we will collect the personal information described above directly from you. In some cases, however, we will collect the information from other sources, such as:
Affiliates, subsidiaries and parent companies: we may obtain your personal information from other BIOWAVES Group entities and affiliated companies, including but not limited to HealthGains, WaveGains.
Business partners: we may obtain your information from other businesses with which we partner to provide you with products, services or offers we believe may be of interest to you, including our on-property partners such as cafes and through any Connected Accounts.
Friends and family: we may obtain your Information from your friends and family, such as when they refer to you our products, services or other offers.
Other sources: we may obtain information from other sources such as publicly available databases, joint marketing partners, social media platforms, consumer data resellers, online advertising companies, and vendors who provide services on our behalf.
Information we obtain by automated means
When you interact with our Sites, or when you connect to our Wi-Fi network at one of our Clubs, we obtain certain information by automated means, such as cookies, web server logs, web beacons, and other technologies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server.
We use these automated technologies to collect information about your equipment, devices, internet connection, browsing actions, and usage patterns. The information we obtain in this manner may include your IP address, identifiers associated with your devices, types of devices connected to our services, web browser characteristics, browsing history, device characteristics, language preferences, referring/exit pages, clickstream data, and dates and times of visits to our Sites. We may also obtain information about how you interact with the Sites, such as features and pages you visit, search queries, and download errors. These technologies help us (1) remember your information so you will not have to re-enter it; (2) track and understand how you use and interact with our products and services; (3) tailor the products and services around your preferences; (4) measure the usability of our products and services and the effectiveness of our communications; and (5) otherwise manage and enhance our products and services.
Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Sites. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device.
Information about our cookie practices and how to change your cookie settings is available in our “Cookies Policy” below. To the extent required by applicable law, we will obtain your consent before using cookies or similar tools.
Certain web browsers allow you to instruct your browser to send Do Not Track (“DNT”) signals to websites you visit, informing those sites that you do not want your online activities to be tracked. At this time, our Sites are not designed to respond to DNT signals or similar mechanisms from browsers. For information about Do Not Track, please visit: www.allaboutdnt.org
HOW WE USE YOUR INFORMATION
We use the personal information we obtain about you to perform our contract with you or to take steps at your request prior to entering into a contract with you, including to:
Provide our services, products and other offerings to you.
Provide a seamless and integrated experience across Connected Accounts.
Establish, manage and administer your membership and account with us, including verifying customer information and carrying out billing functions. We reserve the right to use any contact information held on file (including email, mailing address, and telephone or mobile phone) to contact to you when administering your membership.
Process and fulfill your purchases in connection with our membership opportunities, products and services (e.g., training sessions, retail purchases and spa treatments), and keeping you informed about the status of your membership and purchases.
Provide customer support services.
Manage career opportunities, including for recruitment purposes, candidate screening, interviewing and evaluation, and employee onboarding.
Establish and manage our relationships with our vendors, providers, suppliers and consultants.
We also use the information we obtain based on our legitimate interests and business purposes, including to:
Personalize and improve your experience on the Sites and at our Clubs.
Provide you with a more personalized and relevant membership with BIOWAVES.
Communicate with you about our products and services, and send you promotional and other marketing communications. See the “Your Choices” section below to learn how you can opt out of these communications.
Communicate with you about, and administer your participation in, sweepstakes, surveys, events, programs, contests, promotions and other offers.
Enable our affiliated companies and business partners (e.g., on-premises cafes and charitable organizations we partner with) to provide you with products and services, and send you information that you requested or that we think may interest you about their products or services.
Respond to your requests and inquiries.
Operate, evaluate, develop, manage and improve our business, including by operating, administering, analyzing and improving our Sites, products and services; conducting research and developing new products and services; managing and evaluating the effectiveness of our communications; performing accounting, auditing, billing, reconciliation and collection activities and other internal functions.
Perform analytics (including market research, trend analysis, financial analysis, and anonymization of personal information);
Protect against, identify and prevent safety and security issues, fraud and other criminal activity, claims and other liabilities; and
Conduct investigations and comply with and enforce applicable legal requirements, relevant industry standards, and our policies and terms, and for the establishment, exercise or defense of legal claims, whether in court proceedings or in administrative or out-of-court procedures.
We use your personal information for these purposes because we have a legitimate business interest in providing services to our members, guests and other interested individuals that is not overridden by your interests, rights and freedoms to protect personal information about you.
Where we need to collect personal information by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (e.g., to process your payment). In this case, we may not be able to provide you with the product or service you have requested but we will endeavor to notify you if this is the case.
We also may use the information we collect about you in other ways for which we will provide specific notice at the time of collection and obtain your consent if required by applicable law.
Third-Party Analytics Services
We use third-party web analytics services on our Sites, such as Google Analytics. The service providers that administer these services use automated technologies to collect data (such as IP addresses) to evaluate use of the Sites. To learn more about these analytics services, please see our “Cookies Policy” below.
To learn how to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.
You may see certain ads on other websites because we engage third-party ad buying networks (such as Google Ads and Facebook). Through such ad networks, we can target our messaging to users through demographic, interest-based and contextual means. These networks track your online activities over time and across multiple websites by collecting information through automated means, including through the use of third-party cookies, web server logs, pixels and web beacons. The networks use this information to show you ads that may be tailored to your individual interests. The information our ad networks may collect on our behalf includes data about your visits to websites that serve BIOWAVES advertisements, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our Sites and on third-party websites that participate in these ad networks. This process also helps us track the effectiveness of our marketing efforts.
To learn how to opt out of ad network interest-based advertising in the U.S., please visit http://www.aboutads.info/choices and http://www.networkadvertising.org/choices. In the European Union, please visit http://www.youronlinechoices.eu. To the extent required by applicable law, we will obtain your consent before using your information for interest-based advertising.
We share your personal information with our vendors and other advisors such as law firms and auditors, who perform services or functions on our behalf, such as vendors who assist BIOWAVES in maintaining the Sites, sending postal mail and email, managing and updating member lists and records, analyzing data, and facilitating customer service. In accordance with applicable law, we have entered into appropriate written agreements with our vendors and we do not authorize our vendors to retain, use or disclose the information for any purpose other than the specific purpose of performing services on our behalf or complying with legal requirements. However, in certain instances vendors may use aggregated, de-identified information for their reasonable business purposes such as improving their products or services or for statistical reporting.
We may share your personal information with our affiliates, subsidiaries and parent companies, including Furthermore LLC, EQX Hotel Management, LLC, Precision Run LLC, SoulCycle Inc., BIOWAVES Media Inc., and The Related Companies L.P. In addition, we may share your personal information with other businesses with which we partner to provide you with products, services or offers we believe may be of interest to you, including on-premises businesses and charitable organizations we partner with.
In accordance with applicable law, we may disclose information about you:
If we are required to do so by law or legal process (such as a court order or subpoena).
In response to requests by government agencies, such as law enforcement authorities.
To establish or defend our legal rights or to enforce our membership agreement, terms and conditions and other contracts with you.
When we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss.
In connection with an investigation of suspected or actual illegal activity or violation of our membership rules and policies.
We may otherwise disclose information where we have obtained your consent to do so. We also reserve the right to assign or transfer any information we have about you in the event of any merger, acquisition, sale of assets, sale of our business, joint venture, reorganization, divestiture, dissolution, liquidation or other corporate transaction, involving us or any of our parent companies or affiliates.
Social Media and Third Party Apps: We may share information with social networks when you interact with the Sites (e.g., clicking a Facebook “like” button) or connect your social media accounts to a Site. If you elect to connect Third Party Apps to the Sites, your information may also be shared with these third parties. Please see below for more information on this, as we do not control these third parties or their privacy practices.
Where required by applicable law, we will obtain your consent to send you marketing communications. If you do not wish to receive any marketing emails, you can opt out of future mailings by clicking on the unsubscribe link located on the bottom of the relevant email. If you are a member and have an account on the Sites, you can unsubscribe at any time by logging in and adjusting your communications preferences. If you are a member, please note that even if you opt out of receiving promotional emails, you will continue to receive administrative and operational communications regarding your membership, such as notices regarding billing, session reminders or club closures.
YOUR CALIFORNIA PRIVACY RIGHTS
This section describes certain rights available to you if you are a California resident (the “California Notice”) and is effective as of January 1, 2020. When we refer to personal information in this California Notice, we mean any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual that interacts with us, through use of our Sites or otherwise.
CCPA: Beginning January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) provides California residents with certain rights and choices regarding our use and disclosure of your personal information, as described below:
Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed and sold about you during the past 12 months.
Deletion: You have the right to request that we delete certain personal information we have collected from you, subject to certain exceptions provided under CCPA, such as where the information is necessary for us to complete your transaction or perform a contract between you and us.
Opt-Out of Sale: You have the right to opt-out of the ‘sale’ of your personal information.
For more details about the personal information we may have collected about you over the last 12 months, including categories of sources of personal information, please see the “Information We Collect” section above. We collect and use your personal information for the reasons described in the “How We Use Your Information” section above. We also may use your personal information for the following business purposes specified in the CCPA:
auditing related to a current interaction with you and concurrent transactions;
certain short-term, transient uses;
detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, or prosecuting those responsible for that activity;
debugging to identify and repair errors that impair existing intended functionality;
undertaking internal research for technological development and demonstration; and
undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured for, or controlled by us.
We share personal information with the categories of third parties described in “How We Share Your Information” above. We may have disclosed to third parties the following categories of personal information for a business purpose. Please see the “Information We Collect” section above for more detailed descriptions of these categories.
Characteristics of protected classifications
Professional or employment information
Additional categories of personal information described in Section 1798.80(e) of the California Civil Code, such as signature, physical characteristics, payment card information and state ID card numbers
BIOWAVES does not sell your personal information for monetary compensation. We may allow certain third parties such as advertising partners to collect your personal information via automated technologies like “cookies” and “web beacons” on our Sites, or share your personal information with certain affiliated companies or promotional partners, in exchange for non-monetary consideration such as an enhanced ability to serve you content and advertisements that may be of interest to you. These disclosures may be considered a “sale” under California law. You have the right to opt out of this disclosure of your information, as detailed in this California Notice.
During the twelve (12) month period prior to the effective date of this California Notice, we may have “sold” the following categories of personal information.
Characteristics of protected classifications
Verifying Requests: To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. In order to verify your identity when you request access to or deletion of your personal information, we may require you to provide certain information we are likely to already have on-file about you based on the type of relationship you have with us, such as your member ID and date of last check-in if you are an BIOWAVES member, or your email address and BIOWAVES Club visited if you are a guest or non-member.
In addition, if you exercise your right to request specific pieces of your personal information, we will require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.
Shine the Light Requests: You also have a right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties. You may make one request per calendar year, and the information may be provided in a standardized format which is not specific to you individually. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at: BIOWAVES 2920 NE 207th Street, Miami, FL 33180. Erasure Requests: If you are a California resident under the age of 18 and an BIOWAVES member with a digital account, you may request and obtain removal of content or information you have publicly posted on the Sites. To make this request, please email us at [email protected] and include a detailed description of the specific content or information you would like to remove. Please note that this removal does not ensure complete or comprehensive removal of the content or information posted on the Sites by you as there may be circumstances in which the law does not require or allow removal.
In certain instances, the Sites may allow you to elect to communicate with BIOWAVES by using text message, including in connection with scheduling a visit to one of our BIOWAVES locations. By electing to receive text messages, you are expressly consenting to receiving text messages made using an automatic telephone dialing system from BIOWAVES or its service providers, and you also understand and agree that data rates and charges may apply and that you are solely responsible for all associated costs assessed by your telecommunication carrier or provider. Providing this consent is not a condition of becoming a member of BIOWAVES or receiving any goods or services from BIOWAVES.
You may opt out from receiving text message at any time by either replying STOP or END to a text you have from BIOWAVES or by texting STOP or END to 305 336 1808 at any time. Please note that you may receive a confirmation text acknowledging you have unsubscribed. Please allow five (5) business days to process your request.
THIRD-PARTY SITES AND CONNECTED ACCOUNTS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR THE NATURE AND CONTENTS OF ANY FOR THE PRACTICES OF, OR THE COLLECTION, USE OR SHARING OF YOUR PERSONAL INFORMATION BY, ANY THIRD-PARTY SITES OR CONNECTED ACCOUNTS.
HOW WE PROTECT PERSONAL INFORMATION
BIOWAVES maintains administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
RETENTION OF PERSONAL INFORMATION
INTENDED FOR USE BY ADULTS
The Sites are intended for use by adults, and you may use the Sites only if you are at least eighteen (18) years of age or, consistent with our membership policies, have parental consent if you are sixteen (16) or seventeen (17) years old. The Sites are not intended for or directed to children under the age of thirteen (13), and we do not knowingly collect or store any personal information from children under the age of thirteen (13).
Strictly Necessary: These cookies are necessary for the Sites to operate properly and facilitate your use of its features. Without these cookies, certain services cannot be provided. These cookies help us understand information, such as your session ID and other server authentication information. This category of cookies should not be disabled. If you use your browser settings to block them, we cannot guarantee your security or predict how the Sites will perform during your visit. Examples of our strictly necessary cookies include:
• EqAuth.v1: We set this cookie to allow us to authenticate users on our websites
• productToken: We set this cookie to enable online purchasing through the websites by remembering the unique ID of each product you want to purchase
Functional: These cookies allow the Sites to remember choices you make and provide enhanced and more personal features. They can also be used to make sure the content we show is relevant to you – for example, if you are logged in as a member, we use a cookie to make sure we don’t show you a promotion for non-members. They can also be used to remember changes made to parts of our website that you can customized. Examples of our functional cookies include:
• activateJSON: We set this cookie to allow us to help remember and populate your member ID, last name and location when activating your online account
• LPSessionID: This cookie is set by the va.v.liveperson.net domain to help enable and provide our LivePerson online chat feature
Performance and Analytics: These cookies collect information about how you interact with the Sites, such as what pages you visit and if any errors have occurred. Information is used to improve how the Sites function. These cookies don’t collect information that identifies you, but generate statistical data about your use of our Sites. Examples of our analytics cookies include:
• AMCV_###@AdobeOrg: We set this cookie to allow our Adobe Analytics software to identify a unique website visitor
• s_cc: We set this cookie to allow our Adobe Analytics software to determine if a website visitor has enabled cookies
• JSESSIONID: This cookie is set by the .nr-data.net domain to determine which pages you visited and whether you received any errors while browsing those pages, and we use cookie to help debug and fix our site.
Targeting and Advertising: These help customize the content and information you receive on the site and to help deliver ads that we believe are relevant to your interests. Advertising cookies may be placed on the Sites by a third party with our consent, which then enables us to determine whether or not to show you an BIOWAVES ad when you are browsing other sites. Third-party cookies we have allowed to be placed on the Sites for advertising purposes are listed below. Please visit the relevant third party’s site for more information on these cookies and how you can opt out of them.
Bing: The MR, MUID and MUIDB cookies are set on our website to help identify a Bing user as someone who visited our website so that we can determine whether or not to show that user an BIOWAVES ad on Bing. Click here for more information on Bing’s cookies.
DoubleClick: The IDE and cto_lwid cookies are set on our website to help identify a Google user as someone who visited our website so that we can determine whether or not to show that user an BIOWAVES ad via Google’s DoubleClick ad services. Click here for more information on Google DoubleClick’s cookies.
Facebook: The fr and other Facebook cookies are set on our website to help identify a Facebook user as someone who visited our website so that we can determine whether or not to show that user an BIOWAVES ad on Facebook. Click here for more information.
LinkedIn: The BizoID, BizoUserMatchHistory and lang are set on our website to help identify a LinkedIn user as someone who visited our website so that we can determine whether or not to show that user an BIOWAVES ad or job listing on LinkedIn. Click here for more information.
PebblePost: The pp_uid cookie is set on our website by PebblePost to help us determine a how website visitor is interacting with our website so that we can send them more personalized and relevant direct mail. Click here for more information.
Yahoo: The B cookie is set on our website to help identify a Yahoo user as someone who visited our website so that we can determine whether or not to show that user an BIOWAVES ad on Yahoo. Click here for more information.
Your Choices: In addition to visiting the third-party sites above, you can manage cookies through your web browser. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. You can find out how to do this for your particular browser by clicking “help” on your browser’s menu or by visiting www.allaboutcookies.org. Please note, however, that if you disable cookies you may not be able to take full advantage of all features and functionalities of the Sites. The following external links will explain how to manage cookies for the most common browsers: