Last Updated: January 26, 2021
(1) Data You Share with Us
We may collect data from you when you voluntarily share it with us. We may also collect data from you automatically when you visit the Website. This may include the following:
- Communication Data: Data you send to us when you contact us including via website contact forms, phone calls, text messaging, email, social media messaging, or social media posts and third party directories and online business listings including but not limited to Google business listings.
- User and Technical Data: Website User data including cookies and website analytics, IP address, Account data, and device information. We may collect technical data about your use of the Website, such as your IP address, your device IDs, your phone number, pages visited, referring web page, your mobile phone model, mobile charrier, search terms, cookie data, your operating system, your geolocation, and your time zone. We may use this data to analyze your use of the Website, to administer and secure our services, to determine how we should allocate resources to our Website, and to understand the technical load on our servers.
- Customer Data: Data related to purchases and contracts created with AtmosEffect including name, title, billing and/or shipping address, email address, phone number, other contact information, purchase details, and financial information.
- Location Data. We may collect data about your location by collecting and processing your IP address and device settings. We may use this data to tailor our offerings to your geographic location, respond to law enforcement requests, or to provide you with content that is relevant to your geographic location.
- Third Party Data: AtmosEffect clients may provide us with contact information of third parties, including customers, for us to execute our contractual obligations when performing ecommerce data analysis services. Also, AtmosEffect may receive data from third party vendors or service providers such as Google, Facebook, etc., related to sales, marketing, and/or advertising.
- Marketing Data. Contact information and user preferences related to marketing and communications from AtmosEffect. We may collect your IP address, your device IDs, your geographical location, your phone numbers, pages visited, referring web page, mobile phone model, search terms, cookie data, Google Advertising IDs, and Apple Advertising IDs to provide advertisements to you through third-party ad networks. We may use your data to provide advertisements to you, to provide remarketing advertisements to you after you previously visited the Website, to determine the relevance of advertisements, to measure the effectiveness of advertisements, and to help make those advertisements more relevant to your preferences.
- AtmosEffect Account Data: When you create an AtmosEffect account you may provide us with Personal Data and Sensitive Data for purposes of the effective use of our services.
(2) Legal Basis
When you use the Website, create a User Account and/or provide us with the above data, you grant us explicit consent to use your data to provide you with our services and for marketing purposes as explained herein. We also, where appropriate, rely on the legitimate interest basis to use the data we collect in order to provide our services.
We may use session or persistent cookies. Session cookies are only stored on your computer or mobile device during your use of the Website and are automatically deleted when you close your web browser. Persistent cookies are stored as a file on your computer or mobile device that remain on your computer or mobile device even after you close your web browser. Persistent cookies can be read by the website that created the cookie when you revisit it again. We may use persistent cookies when we utilize Google Analytics or other analytics providers, which are intended to track the origin and behavior of traffic to the Website. We may also, from time to time, receive data from third parties including analytics providers or advertising networks such as Google, Facebook, or Apple.
(4) Marketing Communications
We may send you marketing communications if you have asked us for information concerning our services or if you have agreed to, and have not opted out from, receiving marketing communications from us. You may ask us to stop sending you marketing messages at any time by logging into your account to adjust your marketing preferences or by following the opt-out link in any marketing message sent to you.
(5) Disclosure of Personal Data
We only share your personal data in limited circumstances.
We may share or disclose your personal data with your consent or at your direction.
We may also share your data with certain third parties to aid us in operating the Website and providing our Services. For example, we may share your personal data with third parties, such as analytics providers, to utilize their software tools and measure the effectiveness of our Website or advertisements. We may also provide some data to third parties who we partner with to deliver Services to you.
We may also share your personal data with our accountants, auditors, insurers, or attorneys where doing so is necessary to protect the interests of AtmosEffect or to comply with any law or regulation.
We may also share your personal data with government or law enforcement agencies when we are required to report our data processing activities, upon receipt of an exigent circumstances request, upon receipt of a duly authorized subpoena or court order, or where doing so is necessary to protect our users, our employees, our contractors, third parties, or property.
(6) Management, Protection, and Retention of Your Personal Data
AtmosEffect may provide you with the ability to create a user account, either through AtmosEffect itself or through a support third-party vendor whom AtmosEffect utilizes, which may provide you with the ability to view special pricing, view order status, and see recently viewed and purchased services through the Business (hereinafter “User Account”). A User Account may be created through information obtained by AtmosEffect when you are signing up for services, or when you voluntarily create an account utilizing one of the third-party services that AtmosEffect uses. Sepcifically, AtmosEffect uses, but is not limited to only use, Vagaro, Inc., Trainerize, Esty and Printful for various services.
If you have a User Account with us we allow you to modify, correct, or delete the personal data that you have provided to us that is associated with your account at any point, all you need to do is contact an AtmosEffect representative. Whether you are located in the European Union or elsewhere, to stop our collection and use of your personal data, you need only to delete your account.
If you do not have a User Account with us, we only collect technical data from you. To stop our collection and use of your technical data, you need only cease using Website. We may store your personal data in or transfer your personal data to countries outside of the European Union, which may not offer the same level of protection.
Many of our third-party service providers are located within the United States and their processing of personal data will involve a transfer of data outside of the European Union. Whenever personal data is transferred outside of the European Union, we do our best to ensure a similar degree of security by transferring your personal data to countries that the European Commission has approved as providing an adequate level of protection.
We also put data security measures into place to protect your personal data. We allow access to your personal data only by employees and service providers who have a need to know or access your personal data on our instructions. We will notify you and any regulatory body of any breach of your personal data or our security measures if and when we are legally required to do so.
(7) Right to Access Data
Depending on your jurisdiction, you may have a right to request access to your personal data for correction, transfer, erasure, or restriction, or to object to its processing or withdraw your consent. If you wish to exercise any of these rights, please contact us at Info@AtmosEffect.com.
You do not need to pay a fee to access your data or to exercise your rights. However, we may charge a reasonable fee if your request is unreasonable or excessive.
To confirm your request, we may need to request specific information from you as a security measure to ensure that personal data is not disclosed to an unauthorized third party. We will attempt to respond to all legitimate requests within thirty days.
(8) Third Party Links
Our services may include links to third party websites and applications. By clicking on third party links, you may allow third parties to collect or share data about you. We do not control these third-party links and you are advised their respective privacy policies.
(9) Responding to Do Not Track Signals
You can generally opt-out of receiving personalized ads from third party advertisers and ad networks, such as Google and Facebook, who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website and DAA website. Our websites are not currently set up to respond to browser do-not-track signals, but you can configure your browser settings to reject all cookies or prompt you before a cookie is set.
(10) California Privacy Rights
California residents have a right to request that we disclose what personal information we collect from you and whether, and how, we disclose that personal information. California residents may also request that we delete any personal information collected or maintained by us from you. To submit a request for a list of the categories of personal information collected from you or to request that AtmosEffect delete your personal information, please email us at Info@AtmosEffect.com or send a letter to the following address:
Attn: KAB Fitness LLC dba AtmosEffect Fitness
16726 Mooner Plank Circle
Wimauma, FL 33598
To verify your request, we may request certain information from you to confirm that you are a user of our Website, such as your phone number, username, email address, city, state, or geographic location. You may also designate an authorized agent to make a request to AtmosEffect to disclose or delete your personal information. To do so, you must provide AtmosEffect with proof that the individual or business has been appointed as your agent, such by providing a signed power of attorney form, and provide accurate responses to any information requested by AtmosEffect that may be necessary to confirm that you are a user of our Website, such as your phone number, username, email address, city, state, or geographic location. California residents have a right not to receive discriminatory treatment by AtmosEffect for their exercise of these rights conferred under California law.
(11) Notification of Changes
(12) Contact Information