PRIVACY POLICY

This statement (the “Privacy Policy”) describes how Clarry Partners LLC (“Clarry Partners LLC” or “Persevera”) collects, uses and discloses information. We encourage you to review this Privacy Policy along with our Terms of Use. By using our Services (as defined below), including accessing this website, you acknowledge and agree to the provisions of this Privacy Policy and to our Terms of Use.

OUR SERVICES

Persevera offers and provides the following types of services:

  • Online Services, which may include but are not limited to, content and services offered online through (i) our website that you are visiting now, and (ii) any software applications (“apps”) made available by us.  Depending on the context, Online Services may also include online content and services that we make available on or through third party websites and apps;

  • Communications Services, which may include but are not limited to, content and services offered online and offline through (i) email, (ii) text messaging, (iii) third party electronic messaging services, (iv) telephone, (v) mail, and (vi) delivery services; and

  • Member Services, which applies to information, products and services offered online and offline to prospective members, existing members and/or the general public, including but not limited to (i) in-studio and remote strength training, metabolic conditioning, nutrition and recovery techniques, (ii) specialized fitness, nutrition or recovery services, (iii) sales, and (iv) all activities incidental to the execution of our operations and the processing of your transactions, such as managing account profiles, appointment scheduling, billing and related administrative actions.

Collectively, we refer to our Online Services, Communications Services and Members Services as “Services” as the context permits.

We may provide Services directly to you or through external third party service providers.  Services provided by third party service providers may be offered through:

  • external websites and apps;

  • social media websites and apps;

  • third party map and directory websites and apps; and

  • third party payment processing systems.

To use some of the Services provided by third party service providers, you must provide Personal Information (see “Personal Information” below). The Personal Information that you disclose to such third party service providers, directly or through us, will be used in accordance with those parties’ terms of use and privacy policies, which we neither set nor control, and which may differ somewhat or substantially from our Terms of Use and Privacy Policy (see “Third Party Service Providers” below).

PERSONAL INFORMATION COLLECTION & USE

Personal Information is information that identifies you as an individual or relates to an identifiable individual, including, but not limited to, name, date of birth, physical billing and/or delivery address, telephone number, email address and credit or debit card details.

We and our third party service providers use your Personal Information for legitimate business purposes, including providing and improving certain of our Services.  If you choose not to disclose Personal Information to us or our third party service providers, we may not be able to provide you with some of our Services.

If you disclose to us any Personal Information relating to yourself (or to any other person or people), you represent that you (i) have the authority to do so, and (ii) permit us to use the information in accordance with our Terms of Use and this Privacy Policy.

If you disclose any Personal Information relating to yourself (or to any other person or people) to our third party service providers, directly or through us, you represent that you (i) have the authority to do so, and (ii) acknowledge and agree that the Personal Information disclosed to such third party service providers will be used in accordance with those parties’ terms of use and privacy policies, which we neither set nor control, and which may differ somewhat or substantially from our Terms of Use and Privacy Policy (see “Third Party Service Providers” below).

DISCLOSURE OF PERSONAL INFORMATION

We may disclose or share your Personal Information under the following circumstances:

  • to third party service providers acting on our behalf (see “Third Party Service Providers” below);

  • as may be required by law, regulation, subpoena, court order, government action, law enforcement inquiry or other legal process; 

  • as may be necessary to protect the rights, privacy, safety or property of Persevera, our members and the general public; and 

  • in connection with a sale, merger, consolidation, change in control, transfer in assets, reorganization or similar business transaction.

RETENTION PERIOD

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.  The criteria used to determine our retention periods include:

  • the length of time we have an ongoing relationship with you (for example, for as long as you have a membership with us or continue using our Services);

  • whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); and/or

  • whether retention is advisable in light of our legal position, which could involve, as examples, applicable statutes of limitations, litigation, regulatory investigations or similar laws or processes.

CHOICES AND ACCESS

We give you certain choices regarding the use and disclosure of your Personal Information.

If you no longer want to receive Communications Services of a promotional nature from us, you may opt-out (i) in the case of emails, according to the instructions provided in such emails, or (ii) by sending us an opt-out request (see “Contact” below).  We will attempt to comply with opt-out requests as soon as reasonably practicable.

If you created an online membership account with us but you no longer want to receive Communications Services of an administrative nature, you may opt-out (i) in the case of certain emails, according to the instructions provided in such emails, (ii) by accessing your membership account online to update your settings, or (iii) by sending us an opt-out request (see “Contact” below).  We will attempt to comply with opt-out requests as soon as reasonably practicable. If you opt out of Communications Services of an administrative nature, you are nonetheless bound by our Terms of Use, fees and policies.  For example, if you opt out of receiving appointment reminder emails, you are still bound by our appointment cancellation policy.

If you created an online membership account with us, you may review, correct and update Personal Information contained in your membership account at any time by accessing your membership account online. You may also cancel your membership at any time by (i) notifying a Persevera staff member, (ii) accessing your membership account online to complete the cancellation, or (iii) sending us a membership cancellation request (see “Contact” below).  We will attempt to comply with cancellation requests as soon as reasonably practicable.

To the extent permitted by applicable law, you may contact us if you would like to request to review, correct, update or delete Personal Information that you have previously provided to us (see “Contact” below).

AUTOMATIC DATA COLLECTION & USE

We, along with our third party service providers, may automatically collect data when you access some of our Services, including our website that you are visiting now, through cookies (see below) and similar technologies.  Data that may automatically be collected include:

  • your Internet Protocol (“IP”) address, which is automatically assigned by your Internet Service Provider and from which your physical location may be derived;

  • the type of device, search engine, browser and operating system that you used to access our Services (if and as applicable);

  • any key search words that you may have used to locate or access our Services; and

  • the date, time and duration of your visit.

This information helps us to analyze aggregate use of such Services, including:

  • number of unique visits;

  • total number of visits;

  • traffic sources; 

  • page views and activities performed; and

  • usage trends, including time spent.

We use this information for legitimate business purposes, including providing and improving our Services. By accessing our Services, you acknowledge and consent to the automatic data collection outlined in this Privacy Policy.

COOKIES

Cookies are files that many websites transfer to your device to, among other things, deliver personalized services, provide persistent authentication, monitor performance and security and gather analytical data as described above. The information contained in a cookie typically includes data collected automatically by the web server, but may also include information that you voluntarily provide. Some of our Services, including our website that you are visiting now, may use different types of cookies, including but not limited to, essential, functional, analytics and performance cookies.  We use cookies in conjunction with third party service providers to analyze search engine usage and website traffic patterns so that we can enhance our Services.

Many internet browsers allow you to adjust how they respond to certain cookies. Please consult your browser's help menu for instructions. You may also wish to consider downloading and installing an add-on that disables certain cookies, such as this  opt-out browser add-on. If you choose to disable cookies, you may not have access to some of the features that enhance your user experience while using certain Services.  By accessing our Services, including our website that you are visiting now, you acknowledge and consent to our use of cookies as outlined in this Privacy Policy.

THIRD PARTY SERVICE PROVIDERS

We may provide Services directly to you or through external third party service providers.  Services provided by third party service providers may be offered through:

  • external websites and apps;

  • social media websites and apps;

  • third party map and directory websites and apps; and

  • third party payment processing systems.

The following is a sample, but not exhaustive, list of the types of Services third party service providers may provide on our behalf:

  • advertising, marketing and affiliate promotions;

  • banking and payment processing;

  • client account profile management, billing and appointment scheduling;

  • electronic document retention and storage;

  • email hosting;

  • live, remote training;

  • map and directory listings; 

  • social media;

  • specialized fitness equipment or services;

  • voice communications;

  • website analytics;

  • website hosting; and

  • website publishing platforms.

To use some of the Services provided by third party service providers, you must provide Personal Information. If you disclose any Personal Information relating to yourself (or to any other person or people) to our third party service providers, directly or through us, you represent that you (i) have the authority to do so, and (ii) acknowledge and agree that the Personal Information disclosed to such third party service providers will be used in accordance with those parties’ terms of use and privacy policies, which we neither set nor control, and which may differ somewhat or substantially from our Terms of Use and Privacy Policy. We therefore encourage you to read the terms of use and privacy polices of these third party service providers prior to providing your Personal Information or using their platforms in order to understand how they collect, use and share information and to assess whether their practices safeguard your privacy. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE COLLECTION OR USE OF YOUR PERSONAL INFORMATION BY ANY SUCH THIRD PARTY SERVICE PROVIDERS.

We provide below additional details about some, but not all, of our third party service providers.

ACCOUNT SERVICES

We engage Pike13 Inc. to provide our members with account profile, billing, appointment scheduling and related Services. These Services may be accessed, among other means, by clicking on the SIGN IN | JOIN menu link in our website’s navigation bar. In order to use such Services, members must agree to Pike 13 Inc.’s privacy policy.

ANALYTICS SERVICES

We use Squarespace Analytics and Google Analytics to automatically collect and analyze data when you access some of our Services, including our website that you are visiting now, through cookies and similar technologies (see “Automatic Data Collection & Use” above).  We encourage you to review Squarespace’s privacy policy and Google Analytics’ article on data practices.

THIRD PARTY PAYMENT SERVICE

We may use a third party payment service to process payments made for some of our Services. If you wish to make a payment for such Services, your Personal Information may be collected and/or used by such third party payment service, and will be subject to the terms and conditions and the privacy policy established by that the third party payment service. We have no control over, and are not responsible for, the third party payment service’s collection, use and disclosure of your Personal Information.

SOCIAL MEDIA WEBSITES AND APPS

We have pages on social media platforms that may be accessed, among other means, through our Online Services, including our website that you are visiting now. If you choose to use such social media websites and apps, you do so in accordance with the terms and conditions and under the privacy policies established by such platforms, which (i) we neither set nor control, and (ii) may differ somewhat or substantially from our Terms of Use and Privacy Policy.  We therefore encourage you to read the terms of use and privacy polices of these third party social media websites and apps prior to using them in order to understand how they collect, use and share information and to assess whether their practices safeguard your privacy. Note that any information that you post or disclose on social media websites and apps may become publicly available information and may consequently be available to other users or to the general public.

MAP AND DIRECTORY LISTING WEBSITES AND APPS

Persevera is listed on select map and directory platforms. In some cases, we are responsible for all or some of the content in such a listing.  In other cases, there may be listings for Persevera that we are unaware of and/or are not responsible for. In either case, if you choose to access our listings on such websites and apps, you do so in accordance with the terms and conditions and under the privacy policies established by such platforms, which (i) we neither set nor control, and (ii) may differ somewhat or substantially from our Terms of Use and Privacy Policy. We therefore encourage you to read the terms of use and privacy polices of these third party map and directory websites and apps prior to using them in order to understand how they collect, use and share information and to assess whether their practices safeguard your privacy. Note that any information that you post or disclose on third party map and directory websites and apps may become publicly available information and may consequently be available to other users or to the general public.

LINKS TO OTHER WEBSITES AND APPS

Our Services may contain links to other websites or apps that are not affiliated with Persevera. The inclusion of such links does not imply our endorsement of the linked website or app. If you choose to access such websites and apps, you do so in accordance with the terms and conditions and under the privacy policies established by such platforms, which (i) we neither set nor control, and (ii) may differ somewhat or substantially from our Terms of Use and Privacy Policy. We therefore encourage you to read the terms of use and privacy statements of such websites and apps prior to using them in order to understand how they collect, use and share information and to assess whether their practices safeguard your privacy. 

USE OF SERVICES BY MINORS

Our Online Services and Communications Services are not directed at or intended for use by individuals under the age of 13, and we do not knowingly collect Personal Information through our Online Services or Communications Services from individuals who are 13 years of age or younger.

Our Members Services are not directed to individuals under the age of 18.  You must be 18 years of age or older in order to create a membership account with us. Membership accounts for dependents who are under the age of 18 must be created and managed by a parent or legal guardian who is over the age of 18.

SECURITY

We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization.  No data transmission or storage system can be guaranteed to be entirely secure. If you have reason to believe that your interaction with us is no longer secure, please notify us immediately (see “Contact” below).

POLICY CHANGES

We reserve the right to modify this Privacy Policy at any time. We will post any such changes on this webpage.

This Privacy Policy indicates when it was last revised (see “Version” below).  Any changes will become effective when we post the revised Privacy Policy.  Your use of this website following these changes means that you acknowledge and accept the revised Privacy Policy.

TERMS OF USE

We encourage you to review our Terms of Use in addition to this Privacy Policy.  You can also learn more about Persevera by reviewing answers to frequently asked questions or by contacting us (see “Contact” below).

CONTACT

Please send (i) feedback or questions, (ii) opt-out and membership cancellation requests, and/or (iii) concerns about security to info@studiopersevera.com.

VERSION

This Privacy Policy was last updated:  May 2018.