PRIVACY STATEMENT

Introduction 

Earth Body is committed to respecting your privacy and complying with applicable laws and regulations to ensure that the personal information you give us is kept appropriately secure and processed fairly and lawfully. Earth Body is a company incorporated and registered in United States of America and Los Angeles, CA. (referred to in this Policy as "we, "us", "me", "I" and "our"). Your personal information will be held and managed by Earth Body.  By visiting and using Earth Body website or mobile site (www.theearthbody.com) (the "Site") or any Earth Body application ("Application") that we make available by visiting Earth Body Site for the purchase or sampling of products or for interacting with our content and/or services or by contacting our Customer Services Team, you acknowledge that you have read this Privacy Policy. You must be at least 13 years’ old to use the Site and Applications (14 years’ old if you are a customer in mainland China). If you are under 13 (or 14, if you are a customer in mainland China) or a minor in your country or state or region of residence, please ask your parent or legal guardian to provide their information for you. This Privacy Policy covers all personal information about you that we collect, use and otherwise process in connection with your relationship with Earth Body as a customer or potential customer. Earth Body will collect and use your personal information as described in this Privacy Policy and as permitted by applicable laws, including in circumstances where: (i) it is necessary to provide or fulfill a service requested by or for you; (ii) you have given us your express consent; or (iii) it is necessary for one or more of the following legitimate interests pursued by Earth Body:

 

  • To analyze, profile and monitor customer patterns and better understand the interests and preferences of our key customer audiences so we can consistently improve our products and services.
  • To offer an enhanced customer experience and service, including by ensuring we personalize the Site and Application and (if applicable) Earth Body updates relating to products, services and events to make them more relevant to our customers’ specific preferences.
  • To ensure the proper functioning and security of our services, Site and/or Applications, for example by identifying and preventing fraudulent transactions.
  • To analyze Earth Body's promotions or events for internal reporting purposes and to ensure adequate and appropriate product and resources.
  • To ensure we continue to comply with applicable laws, for example in maintaining the accuracy of our records.

 

What Personal Information We Collect And How We Use It

When you register for an account with us online, place an order, interact with our digital content on your computer or mobile device, we will collect certain information from you. We will indicate whether this collection involves personal information and, if it does, whether providing your personal information is voluntary or mandatory for the service. Please be aware that where collection is mandatory, we may not be able to provide the relevant products or services to you if you do not provide that information to us.  Please select from the different sections of this Privacy Policy to learn more about what personal information we collect and how we use it.  We may collect the following information: Contact Information and other identifying information: your name, postal address, phone numbers and e-mail addresses. You acknowledge that we may also obtain information about you as a result of authentication or identity checks (for example in connection with our standard fraud checks when you make a purchase on our Site or Application). We use this information to identify you as a customer, to process your order, to deliver products and services, to process payments, to update our records and to generally manage your account with us under our terms with you.  Providing us with certain personal information is voluntary but we may not be able to process your order and/or send you the required order acknowledgement and shipping confirmation communications if you do not provide us with certain requested information.We may also use your contact information to send you marketing communications and to contact you in relation to service-related matters, including, on occasion, to request and respond to feedback on your experience with Earth Body, on our Site and/or Application, and to assist you in relation to prospective purchases on our Site and/or Application, where permitted to do so in accordance with applicable laws or if we have your consent to do so (if required by applicable laws). Payment Information: information related to your credit card, debit card, and/or other payment information to process payments in connection with your orders. Demographic Information: we may ask you for your gender, birthday and age (and where you have an online customer account we may infer your age bracket based on your engagement with our stores). You may also provide us with information about yourself, your product size preferences and lifestyle interests on our Site or Application or when using interactive content in Earth Body store or events. We use your customer account and profile information for our internal demographic insights into our customers, to offer you an enhanced service according to your preferences, including by identifying relevant products, services and events which may be of interest to you, and personalizing your experience with Earth Body Other Account and Transactional Information: if you have a customer account  online, we may also collect information about the products you browse online or purchase, where you purchased the products from and other information related to your purchases or which is otherwise relevant to your customer relationship with Earth Body. We use this information, for our internal demographic insights into our customers, to offer you an enhanced service according to your preferences, including by identifying relevant products, services and events which may be of interest to you, personalizing your experience with Earth Body and to share with you information about your past purchases.Together with non-personal information, we may also use this information for our internal marketing analysis and demographic studies, to analyze, profile and monitor customer patterns so we can consistently improve our products and. This means that we can offer more personalized and integrated shopping and interactive experiences to our customers across our stores, our Site and Applications.INTERNET AND OTHER ELECTRONIC ACTIVITY: Where permitted under applicable laws or with your consent (if so required by applicable laws), we may use information about how you use our Site, Application and any in-store services to personalize our communications to you, tailor the content appearing on our Site and Application and to personalize our in-store service to you, so as to make the Site, our Application and our services and communications more relevant to you and to enable your use of any interactive features of our services. We also use this information to maintain and improve the Site, our Application, and our services.We may collect information about the device you are using to connect to the services on our Site, Applications or any interactive content we may provide. This includes the type of device you use, your internet browser, your location based on the unique identifier for your device such as an Internet Protocol address or a code for an Application running on your device. When you attend Earth Body event, we may also use technologies that connect to the functionality on your mobile device (such as Bluetooth and GPS) and collect information based on Wi-Fi, mobile phone masts, beacons and other in-store technology. See further information regarding Wi-Fi usage below.We use this information to ensure the proper functioning and security of our Site and Application, to optimize our services to you and to better understand how our content and services are used and their effectiveness. The information collected in-store through your mobile device using these technologies also gives us aggregated and anonymous statistics about footfall traffic in our stores and information about the average gender, size, height, ethnicity and country/region of origin of our visitors but it is not used for, or available to, Earth Body at an individual visitor level.Location information: Where we request location services, to provide more precise location based content, we will either: (i) do a look up against address information given by you, such as using your postal code for demographics; (ii) look at the country/region in which you are in according to the unique identifier (e.g. an IP address) for your device; or (iii) if you enable location services on your mobile device, we may establish your real time location relating to the latitude and longitude of your mobile device, through GPS signals, Bluetooth or Wi-Fi connection information including MAC addresses perceived by your device, where this is available. In the case of mobile device location services, you can change your location preferences at any time by managing your device settings. Wi-Fi usage information: Possibly while on our Site and we may collect and process information using “cookies” and other similar technologies. For more details please see “Location information” and “Cookies”. INFERENCES: We may create inferences drawn from the categories of personal information described above in order to create a profile about you to reflect your preferences, characteristics, behavior and attitudes. We use this information to personalize and improve our services and to better understand the interests and preferences of our key customer audiences.



How Personal Information May Be Collected

Sources of Personal Information From You. We collect personal information from you directly. We may also collect personal information from you indirectly, including through your use of our Site and/or Application and/or where we draw inferences about you (both as described above). FROM THIRD PARTIES. Transaction-related information may be shared with us by other third parties (including law enforcement agencies and insurance providers) in order to identify and investigate suspected fraudulent transactions and support the security of our services, where permitted in accordance with applicable laws. INFORMATION FROM OR ABOUT YOUR FRIENDS We sometimes run promotions (for example on social media platforms) where you can tell us about a friend or someone else who you have a personal relationship with and two-way communications based on your shared interests, experiences, opinions and any other relevant factors (a “Friend”) who may be interested in our products, services, Site or Application. We may therefore also receive information about you from your friends and acquaintances who chose to provide it.You may only provide us with information about your Friend with their permission. If your Friend gives you their permission to provide us with their details, then we will only use their information for that reason and not to send them any other unrelated offers. We may also mention that it was you who shared their details with us in the message we send to them.COOKIESCookies are small pieces of information which are issued to your device when you visit a website or some applications and which store and sometimes track information about your use of the website or application. When you enter our Site or Application our web server may send a cookie to your device which allows us to recognize your device. By associating the identification numbers in the cookies with other customer information that you provide when for example you log-in to the Site or Application, then we know that the cookie information relates to you.We use cookies, local storage, pixel tags and other similar technologies which may place codes on or access information from and/or about your device to elevate your user experience and the quality of our Site, Application and service. This includes keeping track of what you have in your shopping bag, remembering you when you return to our Site or Application, identifying how you navigate around the internet, including where you click, and which website you arrived from. We may also use cookies, pixel tags and other technologies to understand how parts of our Site are used, and may also partner with third party advertising networks who may use cookies in helping us display advertising that is relevant to you on other websites that you visit and to enable us to assess the effectiveness of that advertising. Our Service Providers who deliver Earth Body advertising on social media or internet search platforms you subscribe to (see ‘Earth Body Updates’), may also use cookies in order to deliver this advertising. Please refer to their cookies policies for further details on how to manage your cookies choices and preferences in respect of such platforms.Most web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent, however, certain features of our Site or Application may not work if you delete or disable cookies. Some of our Service Partners (discussed below) may use their own cookies, anonymous identifiers, or other tracking technology in connection with the services they perform on our behalf.We use Google Analytics on our Site to collect usage data, to analyze how users use the Site, and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/  We inform you where relevant of our use of cookies and other device identifiers on arriving at our Site, Application or, if required by applicable laws.You acknowledge and agree that by continuing to use our Site or Application or services without managing your cookie and device choices and preferences, that you consent to our cookie and device identifier settings and agree that you understand our Cookies Policy. Please be aware that restricting certain cookies or other device identifiers will impact on your user experience and may prevent you from using part of our Site or Application. Advertising and Online TrackingWe may allow third-party companies to serve ads and collect certain anonymous information when you visit our Site. These companies may use non-personally identifiable information (e.g. click stream information, web browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to the Site and other websites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie to collect this information. Our systems do not recognize browser “Do Not Track” signals, but several of our Service Partners who utilize these cookies on our Site enable you to opt out of targeted advertising practices. To learn more about these advertising practices or to opt out of this type of advertising, you can visit www.networkadvertising.org or www.aboutads.info/choices/. We may also engage Service Providers who are social media or internet search platforms so that Earth Body advertisements appear on those platforms. Communications with Earth Body. Please note that your emails with Earth Body are documented in order to enable us to better serve our customers, for quality assurance purposes and to ensure an accurate record relevant to any transaction under our terms. Documents are retained for 90 days.If you contact Earth Body our Site or Application, by email or phone, Earth Body will collect your personal information and use this information to identify you as a customer, help with your query, process your order/reservation , deliver products and services, process payments, update our records and to generally manage your account with us under our terms with you.




Receiving And Unsubscribing From Earth Body Updates

Earth Body Updates We can only send you Earth body updates about our products, services and events with your consent. If you have provided your consent, you can withdraw it at any time.If you have consented, we will send you Earth Body updates through the preferred communication method you selected (e.g. by e-mail, post, phone or messaging services). If you have enabled push notifications on the Application or your mobile device, we will send you Earth Body updates on your phone.We may also obtain personal information where you “like” us, create posts, mention us in public posts or otherwise interact with our pages on social media platforms and may in response, use this information to communicate with you or provide relevant content via those social media platforms about our products, events and promotions where permitted to do so in accordance with applicable laws. Please refer to the privacy policies of the social media platforms for information about how they collect and use your personal information. Unsubscribe from Earth Body Updates. If you have registered to receive Earth Body updates relating to our products, services and events, and you no longer wish to receive these, you can request that we amend your preferences. You can do that either as indicated in the particular communication, e.g.by using the unsubscribe link which is included on all email updates, or by amending your preferences online (see ‘Your rights in relation to your personal information’ below). Earth Body will stop sending updates in respect of which you withdraw your consent within a reasonable period and in any event within 28 days of receiving your request, in order to allow sufficient time for the change to be administered.  You may opt out of receiving push notifications on your phone by changing through the settings on your mobile device or in the ‘Account Settings’ on the Application.If you opt out of receiving Earth Body updates relating to our products, services and events, we may still send you non-marketing communications such as emails about your account or purchases you have made from the Site or Application.



Who We Share Your Personal Information With

In certain circumstances, we may share your personal information with other companies in the Earth Body group (including joint ventures) globally (“Affiliated Companies”) and selected service providers (including franchisees and licensees) who sell or promote Earth Body products and services or perform other functions on our behalf such as fulfilling orders, processing payments, and carrying out promotional services or data management as permitted by applicable laws or with your consent (if so required by applicable laws) as further described below (“Service Providers”). We may also share aggregated or anonymized information that does not directly identify you. Please select from different sections of this Privacy Policy below to learn more about who we may share your information with and when.Service ProvidersWe may share information about you with companies we have chosen to handle our order dispatch service, any delivery company that we may use from time to time and with other companies that provide support services to us, including website hosting companies. We may also share your information with other companies who sell or promote Earth Body products, (including social media and internet search platforms who you independently subscribe to), and services in order to provide you with an enhanced customer experience. In addition, we may also share certain limited information with companies who assist Earth Body with other services, for example, in analyzing our customer data in order to better understand, profile and monitor customer patterns so we can consistently improve our products and services and understand what may be of interest to you and other customers. In each case, we will only provide these companies with the information which they need to carry out their services and they will not be permitted to use the information for other purposes. They will only be allowed to use your information in the way in which we instruct them and as permitted by applicable laws.Order dispatch and delivery partnersWhere your order is delivered by one of Earth Body's third party delivery or order dispatch service providers (e.g. USPS, FedEx and UPS), only that information necessary for their delivery purposes is provided. The privacy policy of that third party delivery or order dispatch service provider may also apply where that service provider also processes your personal data in their capacity as a data controller under applicable data protection laws. For more information, please visit the privacy policy on the website(s) of the applicable delivery or order dispatch service provider which delivers your order.Financial institutions and payment processing partnersPayments using our Site or Application are made through our payment solutions providers. We may also direct you to our providers’ sites if you wish to make a remote purchase when speaking to our Customer Service teams. In each case, you will be providing credit or debit card information direct to our providers who process payment details further.  Legal disclosuresIn certain circumstances (where required or permitted under applicable laws or with your consent (if so required by applicable laws), we may disclose personal information relating to you to third parties in other jurisdictions in order to conform to any requirements of law, to comply with any legal or regulatory process, for the purposes of obtaining legal advice, for the purposes of credit risk reduction, to prevent and detect fraud and/or to protect and defend the rights and property of Earth Body and other members of the Earth Body group. At all times where we disclose your information for the purposes of credit risk reduction and fraud prevention we will take all steps reasonably necessary to help ensure that it remains secure.  Business or process change partnersIn the event that we or a part of our business undergo re-organization or are sold or licensed to a third party, any personal information we hold about you may be transferred to that re-organized entity, licensee or third party.  TRANSFERS OF DATA Personal information stored in another jurisdiction may be subject to access requests from governments, courts, or law enforcement in that jurisdiction according to its laws. Whether the personal information you provide to us is processed by us or our Affiliated Companies or outside of it, we will take steps to ensure that your personal information will be afforded the level of protection required of us under and in accordance with this Privacy Policy and applicable data protection laws and in accordance with current legally recognized data transfer mechanisms, such as a valid Privacy Shield certification (in the case of a data transfer to a Privacy Shield certified US recipient -  https://www.privacyshield.gov/welcome) or appropriate EC approved standard contractual clauses (see http://ec.europa.eu/justice/data-protection/international-transfers/transfer/index_en.htm) 



Your Rights In Relation To Your Personal Information

You may have the right under applicable laws to ask for details of the personal information we hold about you, to amend, limit or delete your personal information, or ask for a copy of the personal information you gave us. You can also withdraw any consent you give to us at any time and object to us using your personal information for Earth Body’s legitimate purposes.If you would like to exercise any of these rights in relation to the personal information we hold about you or wish to change your preferences at any time, please contact our Customer Service Team at care@theearthbody.com If you have an online customer account, you can also access, amend or update your information by contacting our Customer Service Team at care@theearthbody.com on the Site or Application and amending your details as appropriate. If you have created a customer profile on www.theearthbody.com you can also access, amend or update your information by contacting our Customer Service Team at care@theearthbody.comPlease note that we may require you to verify your identity before allowing you to access your personal information. If we are unable to match this information, we may ask you to provide additional identifying information, such as a copy of your passport or drivers’ license. You may designate a third party to act on your behalf provided they have appropriate written authority to do so.If you make a request to delete your personal information, note that we may not delete all of your information. We may still process your personal information if it is necessary to do so and we are lawfully permitted. For example, in the following circumstances:

 

  • Transactional: to complete a transaction for which the personal information was collected, provide goods or services requested by you, or perform a contract we have with you;
  • Security and Maintenance: in the context of detecting and/or preventing security incidents and/or to debug or repair any errors; or
  • Legal: to protect against fraud or illegal activity or to comply with applicable laws or resolve legal claims or exercise rights under applicable laws.

 

If you remain unhappy with a response you receive from us you can also refer the matter to your data protection supervisory authority at, https://www.privacyshield.gov/Data-Protection-Authorities Notice to California Residents/Your California Privacy RightsTo opt out of sharing your personal information with third parties for their direct marketing purposes, please e-mail us at care@theearthbody.com and clearly state your request, including your name, mailing address, e-mail address and phone number. You also have the right to opt out of the sale of your personal information to third parties. Please contact our Customer Service Team at care@theearthbody.com Non-Discrimination If you exercise any of your personal information rights detailed in this section, we will not discriminate against you and we will not deny you goods or services, charge you a different price, or provide you with a lesser quality of goods or services.



Retention And Deletion Of Personal Information

We will only keep your information as long as you remain an active customer and for 5 years afterwards or otherwise as required for our business operations or by applicable laws. We may need to retain certain personal information even once a customer account has been closed or deleted to enforce our terms, for fraud prevention, to identify, issue or resolve legal claims and/or for proper record keeping purposes. We may also retain a record of any stated objection by you to receiving Earth Body updates for the purpose of ensuring we can continue to respect your wishes and not contact you further. Your personal information will be deleted or destroyed in a manner that cannot be restored or reproduced.


Security And Third Party Links

We take reasonable steps to protect your personal information against unauthorized or accidental access, processing, erasure, loss or use.  Unfortunately, transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information submitted to us and any transmission is at your own risk. We do however use strict procedures and security features to try to prevent unauthorized access wherever possible. Personal information may be accessed by persons within our organization, or our third-party service partners, who require such access to carry out the purposes indicated above, or such other purposes as may be permitted or required by the applicable law.Personal information provided to Earth Body via the Site, Application and online credit card transactions are transmitted through a secure server indicates you are in a secure area employing SSL, encryption technology. When the letters "http" in the URL change to "https," the "s" indicates you are in a secure area employing SSL; also, your browser may give you a pop-up message that you are about to enter a secure area or display a padlock image. The Site and the Application use this encryption technology to protect your information during data transport. SSL encrypts ordering information such as your name, address and credit card number. Our customer service center also operate over a private, secure network. Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information.The Site and/or Application may from time to time contain links to other websites not controlled by us. We do not accept responsibility or liability for the privacy practices, data collected or the content of such other websites. The operators of these linked websites are not under a duty to abide by this Privacy Policy. If there are terms and conditions, other privacy statements or policies appearing on those websites, you should also review them carefully as your use of those sites may be subject to them.



Children’s Privacy

You must be at least 13 years’ old (or 14 years’ old, if you are a customer in mainland China) (We do not ship outside of United States) to use our Site and Applications. If you are under 13 or a minor in your country or state or region of residence, your parent or legal guardian must provide their information and agree to this Privacy Policy on your behalf and you may only access and use our Site and Applications with permission from your parent or legal guardian. We do not knowingly collect personal information from children under the age of 13 or equivalent minimum age depending on jurisdiction. If we become aware that we have inadvertently received personal information from a child under the age of 13 (14 for mainland China) or equivalent minimum age depending on jurisdiction, we will delete such information from our records.


Changes To This Privacy Policy

We may update this Privacy Policy from time to time. The amended Privacy Policy will be posted on the Site or Application. Please check this page regularly for changes to this Privacy Policy. If we make any material changes to this Privacy Policy we will notify you before they take effect either through the Site or Application or by sending you a notification.  Any such material changes will only apply to personal information collected after the revised Privacy Policy took effect.


Contacting Earth Body about Privacy Statement

You can contact us if you have any questions about the way in which your personal information is being collected or used which are not answered by this Privacy Policy. Please contact us at care@theearthbody.com

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