Privacy Policy

Ouch! , www.ouchrelief.com (“Company”) respects the privacy of others.  This PRIVACY POLICY (this “Privacy Policy”) explains Company’s privacy practices for www.ouchrelief.com (together with its features, products, and services, the “Site”) and, unless otherwise stated herein, the software applications offered by Company.  This Privacy Policy is also intended to provide you and any person helping you visit, access, or use the Site and/or the App (whether as a buyer, seller, visitor, or otherwise) (collectively, “you” or “your”) with an overview of the following:

  • the type of information about you Company collects through the Site

  • how Company collects such information;

  • how Company uses such information;

  • who will have access to such information; and

  • Company’s security measures for protecting such information.

This Privacy Policy applies to information collected through the Site. Carefully read this Privacy Policy in its entirety.

When you create or log into an account through the Site, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the Site’s Terms of Use and Waiver.

 

Similarly, by visiting, accessing, or using the Site, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the Site’s Terms of Use and Waiver, and your continuing visit, access or use of the Site reaffirms your acceptance and agreement in each instance.

As used herein, the term “personal information” means information that would allow someone to contact you physically or online (e.g., your name, physical address, telephone number, email address); the term “non-personal information” means any information other than personal information that Company may collect from you; and the term “Company Affiliate(s)” means Company’s parents, subsidiaries, and/or affiliates.

 

  • A Special Note About Minors.

The Site is a general audience website intended for use by adults.  Neither the Site nor the App is designed or intended to attract, and is not directed toward, children under eighteen (18) years of age, let alone children under thirteen (13) years of age. Company does not collect personal information through the Site or the App from any person it actually knows to be under thirteen (13) years of age.  If Company obtains actual knowledge that it has collected personal information through the Site from a person under thirteen (13) years of age, then it will use reasonable efforts to refrain from further using such personal information or maintaining it in retrievable form.

 

Furthermore, if you are under eighteen (18) years of age, then you (or your parent or legal guardian) may at any time request that Company remove content or information about you that is posted on the Site.  Please submit any such request (“Request for Removal of Minor Information”) to the following:

 

By email: ifeelbetter@ouchrelief.com with a subject line of “Removal of Minor Information.”

For each Request for Removal of Minor Information, please clearly state the following:

a. the nature of your request;

b. the identity of the content or information to be removed;

c. whether such content or information if found on the Site 

d. the location on content or information on the Site (e.g., providing the URL for the specific web page the content or information is found on);

e. that the request is related to the “Removal of Minor Information;”

f. your name, street address, city, state, zip code, and email address; and

g. whether you prefer to receive a response to your request by mail or email.

 

Company will not accept any Request for Removal of Minor Information via telephone or facsimile.  Company is not responsible for failing to comply with any Request for Removal of Minor Information that is incomplete, incorrectly labeled, or incorrectly sent.

 

Please note that the aforementioned removal does not ensure complete or comprehensive removal of such content or information posted on the Site.

Also, please note that Company is not required to erase or otherwise eliminate, or to enable erasure or elimination of, such content or information in certain circumstances, such as, for example, when an international, federal, state, or local law, rule, or regulation requires Company to maintain the content or information; when the content or information is stored on or posted to the Site by a third party other than you (including any content or information posted by you that was stored, republished, or reposted by the third party); when Company anonymizes the content or information, so that you cannot be individually identified; when you do not follow the aforementioned instructions for requesting the removal of the content or information; and when you have received compensation or other consideration for providing the content or information.

The foregoing is a description of Company’s voluntary practices concerning the collection of personal information through the Site from certain minors, and is not intended to be an admission that Company is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

 

2.   Categories of Information Collected.

Company may collect personal and non-personal information about you through the Site.

 

2.1   Categories of Information Collected Through the Site. The categories of personal and non-personal information collected from you through the Site might include your:

  • Name (first, last, and/or middle) and unique identifiers (e.g., username);

  • Login information for the Site (e.g., username, password, security questions and answers);

  • Home contact information (e.g., mailing address, email address, telephone number, facsimile number);

  • Gender;

  • Date of birth;

  • Electronic signature;

  • Familial or other relationship with other users of the Site, and/or Company’s and/or Company Affiliates’ products and/or services;

  • Billing, payment, or shipping information (e.g., payor or payee name, checking account number, credit card number, expiration date, verification code, accountholder name, cardholder name, billing address, mailing address);

  • Business contact information (e.g., company, title, mailing address, email address, telephone number, facsimile number, tax ID number); and/or

  • Computer, mobile device, and/or web browser information (e.g., IP address, mobile device ID information, operating system, browser type, referring/exist web pages, web page requests, cookie information, hardware attributes, software attributes);

  • Third-party website, network, platform, server, and/or application information (e.g., Facebook, Instagram);

  • Usage activity concerning your interactions with the Site, and/or third-party websites, networks, platforms, servers, or applications accessed through the Site (e.g., number of clicks on a page or feature, amount of time spent on a page or feature, identity of third-party websites, networks, platforms, servers, and applications being access through the Site);

  • Transactional information, including, without limitation, offers, orders, pricing, payments, purchaser, seller, item information, shipping terms, comments, ratings, feedback and instant messages and/or other communications made within or through the Site;

  • Information regarding your physical condition and progress (e.g., fitness, exercise, nutrition, diet, health, wellness, weight, body fat, and body or muscle mass levels and/or indices, body composition test results, fitness test results, and fitness test reps);

  • Information regarding your personal achievements, and/or status in relation to your use of the products and/or services of Company and/or Company Affiliates;

  • Your “favorites” information (e.g., your favorite fitness routines or corrective exercies).

  • Information regarding your clothing sizes and preferences (e.g., t-shirt size);

  • Information regarding your Ouch! Store purchases;

  • Information regarding your check-ins with fitness camps or other services provided by Company or its affiliates (e.g., number or frequency of check-ins at Ouch! fitness camps, and the locations and times of those camps);

  • Information about third parties that you refer to Company (e.g., name, email and/or other contact information, and relationship);

  • Information set forth in the Site’s online account registration, member profile, and/or member directory forms which are completed by you; and/or

  • Statements or content (e.g., comments, videos, photographs, images), and information about such statements or content, which you submit or publish on or through the Site, or which are accessed via your public or linked social media pages (e.g., Facebook, Instagram).

 

2.2. Categories of Other Information Collected From Your Mobile Device. If you use your mobile device to visit, access, or use the subscription or members-only area of the Site, online consultation or other access, then additional categories of personal and non-personal information collected from you through the Site might include:

  • Your name associated with your mobile device;

  • Your telephone number associated with your mobile device;

  • Your geolocation;

  • Your mobile device ID information;

  • With your express consent, information about third-party software applications on your mobile device (including, without limitation, general software apps, downloadable software apps, and social media apps).

 

3.   How Information Is Collected.

Company might collect personal and non-personal information from you when you visit, access, or use the Site; when you register with or subscribe to the Site; when you register for or subscribe to the products and/or services of Company and/or Company Affiliates online through the Site; when you “sign in,” “log in,” or the like to the Site; when you allow the Site to access, upload, download, import, or export content found on or through, or to otherwise interact with, your computer or mobile device (or any other device you may use to visit, access, or use the Site) or online accounts with third-party websites, networks, platforms, servers, or applications (e.g., your online social media accounts, your cloud drives and servers, or your mobile device service provider); or whenever Company asks you for such information, such as, for example, when you process a payment through the Site, or when you answer an online survey or questionnaire.

In addition, if you or a third party sends Company a comment, message or other communication (such as, by way of example only, email, letter, fax, phone call, or voice message) about you, your activities on or through the Site, then Company may collect any personal or non-personal information provided therein or therewith.

Finally, Company may use various tracking, data aggregation, and data analysis technologies, including, for example:

  • Cookies, which are small data files (such as, by way of example only, text files) stored on the computer or device you use to view a website, and which help store user preferences and activity.  Cookies may record information you access on one page of a website to simplify subsequent interaction with that website, or to help streamline your transactions on related pages of that website.  Most major web browsers are set up so that they will initially accept cookies, but you might be able to adjust your computer’s, device’s or web browser’s preferences to issue you an alert when a cookie is downloaded, or to disable the use of some or all cookies on your computer or other devices.  Please be advised that if you choose to reject all cookies, then certain areas of the Site might not function properly.

  • Web beacons, which are pieces of code embedded in a website or email to monitor your activity on the website or your opening of the email, and which can pass along information such as the IP address of the computer or device you use to view the website or open the email, the URL page on which the web beacon is located, the type of web browser that was used to access the website, and previously set cookie values.  Web beacons are sometimes used to collect advertising data, such as counting page views, promotion views or advertising responses.  Disabling your computer’s, device’s or web browser’s cookies may prevent some web beacons from tracking or recording certain information about your activities.  Please be advised that if you disable all such cookies, then certain areas of the Site might not function properly.

  • Scripts, which are pieces of code embedded in a website to define how the website behaves in response to certain key or click requests sent by the user.  Scripts are sometimes used to collect information about the user’s interactions with the website, such as the links the user clicks on.  Scripts are often times temporarily downloaded to the user’s computer or device from the website server, active only while the user is connected to the Site, and deactivated or deleted when the user disconnects from the website.  Please be advised that if you disable any scripts through your web browser or other means, then certain areas of the Site might not function properly.

  • Google Analytics, which is a digital analytics service offered by Google Inc. that tracks, measures and generates information about a website’s traffic, sales, and similar information, and which may be used for statistical research, marketing research, and the like.  Please see http://www.google.com/analytics for more information about Google Analytics.  We may use other third party analytic services as well.

 

By visiting, accessing or using the Site, you acknowledge and agree in each instance that you are giving Company permission to monitor or otherwise track your activities on the Site, and that Company may use the aforementioned and/or other tracking, data aggregation, and data analysis technologies.

 

4.   Use of Information Collected.

Company and/or Company Affiliates may use the personal and/or non-personal information it collects from you through the Site and/or the App in a variety of ways, such as, for example, to:

  • Fulfill your requests;

  • Process your payments;

  • Facilitate your movement through the Site;

  • Facilitate your use of the Site’s products and/or services;

  • Send you communications like, for example, administrative emails, information and updates regarding any of your orders, answers to your questions, and updates about the Site;

  • Provide you with information about Company, Company Affiliates, and/or their respective businesses, products, and services by letter, email, text, telephone, or other forms of communication;

  • Provide you with information about third-party businesses, products, and services by letter, email, text, telephone, or other forms of communication;

  • Improve the Site, and/or their respective content, features, and/or services;

  • Improve the products, services, marketing, and/or promotional efforts of Company and/or Company Affiliates;

  • Create new products, services, marketing, and/or promotions for Company and/or Company Affiliates;

  • Market the businesses, products, and/or services of Company and/or Company Affiliates;

  • Administer Company and/or Company Affiliate contests, tournaments, promotions, surveys, and/or similar activities;

  • Help personalize user experiences with the Site, and/or its respective products and/or services;

  • Analyze traffic to and through the Site;

  • Analyze user behavior and activity on or through the Site;

  • Conduct research and measurement activities for purposes of Company and/or Company Affiliate product and service research and development, advertising claim substantiation, market research, and other activities;

  • Monitor the activities of you and others on or through the Site;

  • Protect or enforce the rights and properties of Company and/or Company Affiliates; and/or

  • Protect or enforce the rights and properties of others (which may include you).

Company and Company Affiliates reserve the right to use your personal and non-personal information when:

  • Required by applicable law, court order, or other governmental authority (including, without limitation and by way of example only, in response to a subpoena or other legal process); or

  • Company and/or a Company Affiliate believes in good faith that such use is otherwise necessary or advisable (including, without limitation and by way of example only, to investigate, prevent, or take legal action against someone who may be causing injury to, interfering with, or threatening the rights, obligations, or properties of Company, Company Affiliates, a user of the Site (which may include you), or anyone else who may be harmed by such activities, or to further Company’s and/or Company Affiliates’ legitimate business interests).

 

In addition, Company and Company Affiliates may use your name, username, photographs, images, videos, contact information, personal achievements and status in connection with its display or performance of photographs, images, and/or videos of you on or through the Site, Company’s and/or Company Affiliates’ social media pages (e.g., Facebook, Instagram), and/or Company’s and/or Company Affiliates’ creative, marketing, or promotional materials.

 

5.   Sharing of Information Collected.

Company reserves the right to share your personal information with Company Affiliates, Company and Company Affiliates’ respective employees, agents, administrators, accountants, financial advisors, and legal advisors; and with those third parties who help manage, administer distribute, and/or operate the Site, and/or their respective products, services, and/or features (e.g., web hosting companies, website administrators, mobile app distribution platforms, support services companies, credit card or other payment processing companies), as needed in order for them to perform such services. Company may also share personal information, such as name and price paid, with those third parties who provide physical space for Company’s services. 

In addition, your name, username, photographs, images, videos, contact information, personal achievements and status, and/or familial relationship information may be disclosed in Company’s and/or Company Affiliates’ respective membership directories, and/or the like.  Company and/or Company Affiliates may also use such information and materials elsewhere on or through the Site, as well as in connection with its display or performance of photographs, images, and/or videos of you on or through the Site, Company’s and/or Company Affiliates’ social media pages (e.g., Facebook, Instagram), and/or Company’s and/or Company Affiliates’ creative, marketing, or promotional materials.

Company does not limit the ways in which it may use or share non-personal information because non-personal information does not identify you.  For example, Company may freely share non-personal information with its suppliers and representatives, Company Affiliates and their respective suppliers and representatives, and other individuals, businesses, and government entities.

You may choose to share certain information and/or follow other users on the Site.  You may choose to share your contact information with other users or provide it publicly. 

 

6.   Data Retention.

Company may retain your personal information for as long as it believes necessary; as long as necessary to comply with its legal obligations, resolve disputes, and/or enforce its agreements; as long as your member or user account is active; and/or as long as needed to provide you with the products and/or services of the Site, Company, and/or Company Affiliates.

 

7.   Transactions.

In connection with any transaction that you conduct through the Site (e.g., the payment of any subscription or membership fees, the purchase or sale of any products or services on or through the Site), you may be asked to supply certain information relevant to the transaction, including, without limitation, your credit card number and expiration date, your billing address, your shipping address, your phone number, and/or your email address.  By submitting such information, you grant Company without charge the irrevocable, unencumbered, universe-wide, and perpetual right to provide such information to third parties (e.g., payment processing companies, buyers on the Site, and sellers on the Site) for the purpose of facilitating the transaction.

All credit card transactions occur through an online payment processing application provided by a third-party provider that is accessible through the Site. Reference is made to the third-party payment processor for informational purposes only and are in no way incorporated into or made a part of this Privacy Policy.  Company’s relationship with the third-party payment processor, if any, is merely contractual in nature, as they are nothing more than a third-party vendor to Company, and is in no way subject to Company’s direction or control; thus, their relationship is not, and should not be construed as, one of fiduciaries, franchisors-franchisees, agents-principals, employers-employees, partners, joint ventures, or the like.

 

8.   Third Party Applications, Sites, Networks, Platforms, Servers, and Apps.

The Site, and/or any communications sent through or as a function of the Site may contain links to third-party websites, networks, platforms, servers, and/or applications.  To the fullest extent permitted by law, Company is not responsible for, and you hereby release Company from any and all liability which may arise from, such third party websites, networks, platforms, servers, and applications (including, without limitation, the privacy policies and practices of such third-party websites, networks, platforms, servers, and applications).

You may have the opportunity to access the Site using your online user accounts with certain third-party websites, networks, platforms, servers, or applications, which may be subject to separate privacy policies pertaining to those third-party websites, networks, platforms, servers, or applications.  Company may also collect information from those third-party websites, networks, platforms, servers, or applications (such as, for example, your name, gender, date of birth, and personal interests, when you “like” or click links provided by or through those third-party websites, networks, platforms, servers, or applications, and other information available through your online account or page with those third-party websites, networks, platforms, servers, or applications).  It is your responsibility to carefully read, accept, and comply with the relevant terms of use, waivers, and privacy policies associated with those third-party websites, networks, platforms, servers, and applications.

 

9.   Security.

Company implements security measures to help protect the personal information it collects through the Site.  For example, Company encrypts the transmission of information through the Site by using secure socket layer (SSL) technology.

Regardless of the foregoing, please observe that “perfect” or “100%” security does not exist on the Internet.  Therefore, your access and use of the Site and/or the App, and your opening of any communications sent through or as a function of the Site are done at your own risk.

To help maintain the security of your personal information, Company asks that you please notify it immediately of any unauthorized visit, access, or use of the Site, or the loss or unauthorized use of your user access information for the Site (e.g., username, or password).

 

10.   Retention, Review, and Change of Information Collected.

You may request at any time that Company provide you with an opportunity to review and change your personal information collected through the Site, or to no longer use your personal information to provide you with any products or services.  Please submit any such request (“Request Concerning Personal Information”) to any one of the following:

By email: ifeelbetter@ouchtherapy.com with a subject line of “Your Personal Information.”

For each Request Concerning Personal Information, please clearly state the following:

a. the nature of your request;

b. that the request is related to “Your Personal Information;”

c. your name, street address, city, state, zip code, and email address; and

d. if you prefer to receive a response to your request by email.

If you send a Request Concerning Personal Information by mail, then please do so by email.  Company will not accept a Request Concerning Personal Information via telephone or facsimile.  Company is not responsible for any Request Concerning Personal Information that is incomplete, incorrectly labeled, or incorrectly sent.

You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

 

11.   Your California Privacy Rights.

If you are a resident of the State of California and Company has an established business relationship with you, then, pursuant to Section 1798.83 of the California Civil Code, you have the right to request the following at any time:  (a) information from Company free of charge regarding the manner in which Company shares certain personal information collected through the Site with third parties who use such information for direct marketing or promotional purposes; and (b) the discontinuation (or opt-out) of Company’s sharing of such information with such third parties.  Please submit any such request (“California Privacy Rights Request”) to any one of the following:

By email: ifeelbetter@ouchrelief.com “Your California Privacy Rights.”

For each California Privacy Rights Request, please clearly state the following:

a. the nature of your request;

b. that the request is related to “Your California Privacy Rights;”

c. your name, street address, city, state, zip code, and email address; and

d. whether you prefer to receive a response to your request by mail or email.

Company will not accept a California Privacy Rights Request via telephone or fax; and is not responsible for a California Privacy Rights Request that is incomplete, incorrectly labeled, or incorrectly sent.

You are solely responsible for the accuracy and content of your personal information, and for keeping your personal information current and correct.

Further, Company does not respond to “do not track” (DNT) signals.

Finally, as explained further above, Company does not authorize third parties to collect your personal information when you use the Site, except as expressly stated in this Privacy Policy.  To the fullest extent permitted by law, Company is not responsible for, and you hereby release Company from any and all liability which may arise from, such third parties’ unauthorized collection of your personal information.

 

12.   Modifications of this Privacy Policy.

Company may supplement, amend, or otherwise modify this Privacy Policy at any time without notice to you.  Such supplements, amendments, and other modifications will be posted on this or a similar page of the Site, and shall be deemed effective as of their stated effective or modification date.  It is your responsibility to carefully review this Privacy Policy each time you visit, access, or use the Site.

Again, by visiting, accessing, or using the Site, you are automatically accepting and agreeing to the most-recent version of this Privacy Policy, as well as the most-recent version of the Site’s Terms of Use and Waiver, and your continuing visit, access, or use of the Site reaffirms your acceptance and agreement in each instance.

 

13.   Severability.

If any term or condition of this Privacy Policy is deemed invalid or unenforceable by a court of law with binding authority, then the remaining terms and conditions shall not be affected, and the court shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Privacy Policy.

 

14.   Contact Us.

Please direct any questions you may have about this Privacy Policy to the following:

By email: ifeelbetter@ouchrelief.com, with a subject line of “Privacy Policy.” The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Privacy Policy.

 

15.   Last Modified.

This Privacy Policy was last modified on September 1st, 2020.