Privacy Policy | Terms of Use | MASSAGE MEDIK
Privacy Policy | Terms of Use | Disclaimers
TERMS AND CONDITIONS
Welcome to MASSAGE MEDIK
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company's terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to refers to MASSAGE MEDIK LLC, 4001 Lowell Circle Lincoln, NE 68502.. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://massagemedik.com/ website (the "Service") operated by MASSAGE MEDIK ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. You are also agreeing to comply with our PAYMENTS POLICY and Returns Policy which are incorporated herein by reference. Please read these documents carefully – they contain important information about your rights and your responsibilities when you use the Services. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Your privacy is very important to us. Our Privacy Policy sets forth important information on how we collect, process, use and share your data and is incorporated by reference herein. Please read the Privacy Policy carefully below. Our Services are very diverse, so sometimes additional or separate terms may apply. Any additional terms will be specified with the relevant Services, and those additional terms become a part of your agreement with us if you use those Services. Separate terms may also apply to special offers or promotions, and if the rules of a promotion or special offer conflict with these Terms, those special terms will prevail. We are constantly changing and improving our Services, and thus we may add or remove functionality or features from the Services and we may suspend or stop a Service altogether. If you have any questions about these Terms or our Services, please contact us.
PURCHASES
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your:
Name
Address (billing & shipping)
Phone Number
Payment Information
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs.
PAYMENT
MASSAGE MEDIK partners with several third parties to complete your online and over the phone purchases. Each third party processor is subject to their own Terms and Conditions. Please review those Terms and Conditions applicable to the payment option chosen by you.
If you have chosen to complete your purchase through MASSAGE MEDIK, please review our or third party Payment & Privacy Policies
WARRANTY
MASSAGE MEDIK assumes no responsibility regarding the accuracy of the information that is provided by MANUFACTURERS and use of such information is at the user's own risk. MASSAGE MEDIK makes no representation whatsoever about any other web site which you may access through this site. These websites are independent from MASSAGE MEDIK and MASSAGEMEDIK.COM has no control over the content of others’ web sites. A link to a non-MASSAGEMEDIK.COM website does not mean that MASSAGE MEDIK endorses or accepts any responsibility for the content, or the use of such web site. It is the User’s responsibility; not MASSAGE MEDIK, to take precautions to ensure the linked site is free of such items as viruses, worms, Trojan horses or other items of a potentially damaging nature.
While we hope you enjoy using our Services, there are things we don't promise about our Services.
Except as expressly set out in these Terms, we provide the Services to you on an “AS-IS” basis. To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We do not make any promises (a) about the MASSAGE MEDIK Content, (b) about the specific functionality of the Services, (c) about the quality, accuracy, reliability, or availability of the MASSAGE MEDIK Content or Services, or (d) that the MASSAGE MEDIK Content or Services will be free from viruses or other harmful components.
LIMIT OF LIABILITY
We limit our liability to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damages, or for any loss or claim of any kind. Some jurisdictions do not allow us to have a broad limit on our liability. If you live in one of those jurisdictions, some of these limitations may not apply to you. If you are dissatisfied with any portion of the Services or with any statement in these Terms, your sole remedy is to stop using the Services. Our total liability in any matter related to the Services or these Terms is limited to the aggregate amount you paid us during the 12-month period preceding the event giving rise to the liability. This limitation of liability applies fully to residents of New Jersey.
YOUR INDEMNITY
You agree that you will indemnify and hold MASSAGE MEDIK, our employees, and our agents harmless from any claims, damages, or other expenses (including attorney's fees) that result from your use of the Services and (a) your violation of these Terms or other documents incorporated herein by reference. This indemnification obligation will continue after you stop using the Services.
CONTROLLING LAW
If you access the Services on our websites in the United States, the laws of the State of Nebraska and as applicable, those of the United States of America, govern these Terms and the use of the Services. All claims not subject to arbitration and brought in the United States will be subject to the jurisdiction of the courts of the State of Nebraska.
TERMS MODIFICATIONS
We reserve the right, at our sole discretion, to modify these Terms or any additional terms that apply to a Service at any time, including to reflect changes to the law or changes to our Services. We will notify you of any material changes by posting information through the Services or via email. Such material changes will not apply retroactively and will become effective thirty days after they are posted, except that changes addressing new functions in the Services or changes made for legal reasons will be effective immediately. What constitutes a material change will be determined at our sole discretion. Except as explicitly provided herein, your continued use of the Services after a change to the Terms will mean you accept the changes. If any changes are unacceptable to you, you may stop using the Services.
PRIVACY POLICY
Last updated: November 05, 2020
This Privacy Policy describes Our policies and procedures onthe collection, use and disclosure of Your information when You use the Serviceand tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve theService. By using the Service, You agree to the collection and use ofinformation in accordance with this Privacy Policy.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized havemeanings defined under the following conditions. The following definitionsshall have the same meaning regardless of whether they appear in singular or inplural.
Definitions
For the purposes of this Privacy Policy:
Accountmeans a unique account created for You to access our Service or parts of ourService.
Business,for the purpose of the CCPA (California Consumer Privacy Act), refers to theCompany as the legal entity that collects Consumers' personal information and determinesthe purposes and means of the processing of Consumers' personal information, oron behalf of which such information is collected and that alone, or jointlywith others, determines the purposes and means of the processing of consumers'personal information, that does business in the State of California.
Company(referred to as either "the Company", "We", "Us"or "Our" in this Agreement) refers to MASSAGE MEDIK LLC, 4001 LowellCircle Lincoln, NE 68502.
For the purpose of the GDPR, the Company isthe Data Controller.
Consumer,for the purpose of the CCPA (California Consumer Privacy Act), means a naturalperson who is a California resident. A resident, as defined in the law,includes (1) every individual who is in the USA for other than a temporary ortransitory purpose, and (2) every individual who is domiciled in the USA who isoutside the USA for a temporary or transitory purpose.
Cookiesare small files that are placed on Your computer, mobile device or any otherdevice by a website, containing the details of Your browsing history on thatwebsite among its many uses.
Countryrefers to: Nebraska, United States
DataController, for the purposes of the GDPR (General Data ProtectionRegulation), refers to the Company as the legal person which alone or jointlywith others determines the purposes and means of the processing of PersonalData.
Devicemeans any device that can access the Service such as a computer, a cellphone ora digital tablet.
DoNot Track (DNT) is a concept that has been promoted by US regulatoryauthorities, in particular the U.S. Federal Trade Commission (FTC), for theInternet industry to develop and implement a mechanism for allowing internetusers to control the tracking of their online activities across websites.
FacebookFan Page is a public profile named MASSAGE MEDIK specifically created bythe Company on the Facebook social network, accessible from https://www.facebook.com/massagemedik/
PersonalData is any information that relates to an identified or identifiableindividual.
For the purposes for GDPR, Personal Datameans any information relating to You such as a name, an identification number,location data, online identifier or to one or more factors specific to the physical,physiological, genetic, mental, economic, cultural or social identity.
For the purposes of the CCPA, Personal Datameans any information that identifies, relates to, describes or is capable ofbeing associated with, or could reasonably be linked, directly or indirectly,with You.
Sale,for the purpose of the CCPA (California Consumer Privacy Act), means selling,renting, releasing, disclosing, disseminating, making available, transferring,or otherwise communicating orally, in writing, or by electronic or other means,a Consumer's personal information to another business or a third party formonetary or other valuable consideration.
Servicerefers to the Website.
ServiceProvider means any natural or legal person who processes the data on behalfof the Company. It refers to third-party companies or individuals employed bythe Company to facilitate the Service, to provide the Service on behalf of theCompany, to perform services related to the Service or to assist the Company inanalyzing how the Service is used. For the purpose of the GDPR, ServiceProviders are considered Data Processors.
Third-partySocial Media Service refers to any website or any social network websitethrough which a User can log in or create an account to use the Service.
UsageData refers to data collected automatically, either generated by the use ofthe Service or from the Service infrastructure itself (for example, theduration of a page visit).
Websiterefers to MASSAGE MEDIK, accessible from www.massagemedik.com
Youmeans the individual accessing or using the Service, or the company, or otherlegal entity on behalf of which such individual is accessing or using theService, as applicable.
Under GDPR (General Data ProtectionRegulation), You can be referred to as the Data Subject or as the User as youare the individual using the Service.
Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us withcertain personally identifiable information that can be used to contact oridentify You. Personally identifiable information may include, but is notlimited to:
Email address
First name and last name
Phone number
Address, State, Province, ZIP/Postal code,City
Usage Data
Usage Data
Usage Data is collected automatically when using theService.
Usage Data may include information such as Your Device'sInternet Protocol address (e.g. IP address), browser type, browser version, thepages of our Service that You visit, the time and date of Your visit, the timespent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, Wemay collect certain information automatically, including, but not limited to,the type of mobile device You use, Your mobile device unique ID, the IP addressof Your mobile device, Your mobile operating system, the type of mobileInternet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sendswhenever You visit our Service or when You access the Service by or through amobile device.
Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to trackthe activity on Our Service and store certain information. Trackingtechnologies used are beacons, tags, and scripts to collect and trackinformation and to improve and analyze Our Service. The technologies We use mayinclude:
· Cookiesor Browser Cookies. A cookie is a small file placed on Your Device. You caninstruct Your browser to refuse all Cookies or to indicate when a Cookie isbeing sent. However, if You do not accept Cookies, You may not be able to usesome parts of our Service. Unless you have adjusted Your browser setting sothat it will refuse Cookies, our Service may use Cookies.
· FlashCookies. Certain features of our Service may use local stored objects (orFlash Cookies) to collect and store information about Your preferences or Youractivity on our Service. Flash Cookies are not managed by the same browsersettings as those used for Browser Cookies. For more information on how You candelete Flash Cookies, please read "Where can I change the settings fordisabling, or deleting local shared objects?" available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
· WebBeacons. Certain sections of our Service and our emails may contain smallelectronic files known as web beacons (also referred to as clear gifs, pixeltags, and single-pixel gifs) that permit the Company, for example, to countusers who have visited those pages or opened an email and for other relatedwebsite statistics (for example, recording the popularity of a certain sectionand verifying system and server integrity).
Cookies can be "Persistent" or "Session"Cookies. Persistent Cookies remain on Your personal computer or mobile devicewhen You go offline, while Session Cookies are deleted as soon as You closeYour web browser. You can learn more about cookies here: All About Cookies by TermsFeed.
We use both Session and Persistent Cookies for the purposesset out below:
Necessary/ Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential toprovide You with services available through the Website and to enable You touse some of its features. They help to authenticate users and preventfraudulent use of user accounts. Without these Cookies, the services that Youhave asked for cannot be provided, and We only use these Cookies to provide Youwith those services.
CookiesPolicy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies identify if usershave accepted the use of cookies on the Website.
FunctionalityCookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to rememberchoices You make when You use the Website, such as remembering your logindetails or language preference. The purpose of these Cookies is to provide Youwith a more personal experience and to avoid You having to re-enter yourpreferences every time You use the Website.
Trackingand Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to trackinformation about traffic to the Website and how users use the Website. Theinformation gathered via these Cookies may directly or indirectly identify youas an individual visitor. This is because the information collected istypically linked to a pseudonymous identifier associated with the device youuse to access the Website. We may also use these Cookies to test new pages,features or new functionality of the Website to see how our users react tothem.
For more information about the cookies we use and yourchoices regarding cookies, please visit our Cookies Policy or the Cookiessection of our Privacy Policy.
Use of Your Personal Data
The Company may use Personal Data for the followingpurposes:
· Toprovide and maintain our Service, including to monitor the usage of ourService.
· To manageYour Account: to manage Your registration as a user of the Service. ThePersonal Data You provide can give You access to different functionalities ofthe Service that are available to You as a registered user.
· For theperformance of a contract: the development, compliance and undertaking ofthe purchase contract for the products, items or services You have purchased orof any other contract with Us through the Service.
· Tocontact You: To contact You by email, telephone calls, SMS, or other equivalentforms of electronic communication, such as a mobile application's pushnotifications regarding updates or informative communications related to thefunctionalities, products or contracted services, including the securityupdates, when necessary or reasonable for their implementation.
· Toprovide You with news, special offers and general information about othergoods, services and events which we offer that are similar to those that youhave already purchased or enquired about unless You have opted not to receivesuch information.
· To manageYour requests: To attend and manage Your requests to Us.
· Todeliver targeted advertising to You: We may use Your information to developand display content and advertising (and work with third-party vendors who doso) tailored to Your interests and/or location and to measure itseffectiveness.
· Forbusiness transfers: We may use Your information to evaluate or conduct amerger, divestiture, restructuring, reorganization, dissolution, or other saleor transfer of some or all of Our assets, whether as a going concern or as partof bankruptcy, liquidation, or similar proceeding, in which Personal Data heldby Us about our Service users is among the assets transferred.
· For otherpurposes: We may use Your information for other purposes, such as dataanalysis, identifying usage trends, determining the effectiveness of ourpromotional campaigns and to evaluate and improve our Service, products,services, marketing and your experience.
We may share Your personal information in the followingsituations:
· WithService Providers: We may share Your personal information with ServiceProviders to monitor and analyze the use of our Service, to advertise on thirdparty websites to You after You visited our Service, for payment processing, tocontact You.
· Forbusiness transfers: We may share or transfer Your personal information inconnection with, or during negotiations of, any merger, sale of Company assets,financing, or acquisition of all or a portion of Our business to anothercompany.
· WithAffiliates: We may share Your information with Our affiliates, in whichcase we will require those affiliates to honor this Privacy Policy. Affiliatesinclude Our parent company and any other subsidiaries, joint venture partnersor other companies that We control or that are under common control with Us.
· Withbusiness partners: We may share Your information with Our business partnersto offer You certain products, services or promotions.
· Withother users: when You share personal information or otherwise interact inthe public areas with other users, such information may be viewed by all usersand may be publicly distributed outside. If You interact with other users orregister through a Third-Party Social Media Service, Your contacts on theThird-Party Social Media Service may see Your name, profile, pictures anddescription of Your activity. Similarly, other users will be able to viewdescriptions of Your activity, communicate with You and view Your profile.
· With Yourconsent: We may disclose Your personal information for any other purposewith Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as longas is necessary for the purposes set out in this Privacy Policy. We will retainand use Your Personal Data to the extent necessary to comply with our legalobligations (for example, if we are required to retain your data to comply withapplicable laws), resolve disputes, and enforce our legal agreements andpolicies.
The Company will also retain Usage Data for internalanalysis purposes. Usage Data is generally retained for a shorter period oftime, except when this data is used to strengthen the security or to improvethe functionality of Our Service, or We are legally obligated to retain thisdata for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed atthe Company's operating offices and in any other places where the partiesinvolved in the processing are located. It means that this information may betransferred to — and maintained on — computers located outside of Your state, province,country or other governmental jurisdiction where the data protection laws maydiffer than those from Your jurisdiction.
Your consent to this Privacy Policy followed by Yoursubmission of such information represents Your agreement to that transfer.
The Company will take all steps reasonably necessary toensure that Your data is treated securely and in accordance with this PrivacyPolicy and no transfer of Your Personal Data will take place to an organizationor a country unless there are adequate controls in place including the securityof Your data and other personal information.
Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or assetsale, Your Personal Data may be transferred. We will provide notice before YourPersonal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement
Under certain circumstances, the Company may be required todisclose Your Personal Data if required to do so by law or in response to validrequests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the goodfaith belief that such action is necessary to:
· Comply with a legal obligation
· Protect and defend the rights or property of theCompany
· Prevent or investigate possible wrongdoing inconnection with the Service
· Protect the personal safety of Users of theService or the public
· Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, butremember that no method of transmission over the Internet, or method ofelectronic storage is 100% secure. While We strive to use commerciallyacceptable means to protect Your Personal Data, We cannot guarantee its absolutesecurity.
Detailed Information on the Processing of Your Personal Data
Service Providers have access to Your Personal Data only toperform their tasks on Our behalf and are obligated not to disclose or use itfor any other purpose.
Analytics
We may use third-party Service providers to monitor andanalyze the use of our Service.
GoogleAnalytics
Google Analytics is a web analytics serviceoffered by Google that tracks and reports website traffic. Google uses the datacollected to track and monitor the use of our Service. This data is shared withother Google services. Google may use the collected data to contextualize andpersonalize the ads of its own advertising network.
You can opt-out of having made youractivity on the Service available to Google Analytics by installing the GoogleAnalytics opt-out browser add-on. The add-on prevents the Google AnalyticsJavaScript (ga.js, analytics.js and dc.js) from sharing information with GoogleAnalytics about visits activity.
For more information on the privacy practicesof Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Payments
We may provide paid products and/or services within the Service.In that case, we may use third-party services for payment processing (e.g.payment processors).
We will not store or collect Your payment card details. Thatinformation is provided directly to Our third-party payment processors whoseuse of Your personal information is governed by their Privacy Policy. Thesepayment processors adhere to the standards set by PCI-DSS as managed by the PCISecurity Standards Council, which is a joint effort of brands like Visa,Mastercard, American Express and Discover. PCI-DSS requirements help ensure thesecure handling of payment information.
PayPal
Their Privacy Policy can be viewed at https://www.paypal.com/webapps/mpp/ua/privacy-full
PayTomorrow
Their Privacy Policy can be viewed at https://www.paytomorrow.com/images/terms.pdf
ShopifyCredit Card
Their Privacy Policy can be viewed at https://www.shopify.com/legal/terms-payments-us
Behavioral Remarketing
The Company uses remarketing services to advertise onthird-party websites to You after You visited our Service. We and Ourthird-party vendors use cookies and non-cookie technologies to help Usrecognize Your Device and understand how You use our Service so that We canimprove our Service to reflect Your interests and serve You advertisements thatare likely to be of more interest to You.
These third-party vendors collect information about Youractivity on Our Service to enable Us to:
· Measure and analyze traffic and browsingactivity on Our Service
· Show advertisements for our products and/orservices to You on third-party websites
· Measure and analyze the performance of Ouradvertising campaigns
Some of these third-party vendors may use non-cookietechnologies that may not be impacted by browser settings that block cookies.Your browser may not permit You to block such technologies. You can use thefollowing third-party tools to decline the collection and use of informationfor the purpose of serving You interest-based advertising:
· The NAI's opt-out platform: http://www.networkadvertising.org/choices/
· The EDAA's opt-out platform http://www.youronlinechoices.com/
· The DAA's opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
We may share information, such as hashed email addresses (ifavailable) or other online identifiers collected on Our Service with thesethird-party vendors. This allows Our third-party vendors to recognize anddeliver You ads across devices and browsers. To read more about thetechnologies used by these third-party vendors and their cross-devicecapabilities please refer to the Privacy Policy of each vendor listed below.
The third-party vendors We use are:
GoogleAds (AdWords)
Google Ads (AdWords) remarketing service isprovided by Google Inc.
You can opt-out of Google Analytics forDisplay Advertising and customise the Google Display Network ads by visitingthe Google Ads Settings page: http://www.google.com/settings/ads
Google also recommends installing theGoogle Analytics Opt-out Browser Add-on - https://tools.google.com/dlpage/gaoptout- for your web browser. Google Analytics Opt-out Browser Add-on providesvisitors with the ability to prevent their data from being collected and usedby Google Analytics.
For more information on the privacypractices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy
Facebook remarketing service is provided byFacebook Inc.
You can learn more about interest-basedadvertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from Facebook's interest-basedads, follow these instructions from Facebook: https://www.facebook.com/help/568137493302217
Facebook adheres to the Self-RegulatoryPrinciples for Online Behavioural Advertising established by the DigitalAdvertising Alliance. You can also opt-out from Facebook and otherparticipating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/,the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the EuropeanInteractive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/,or opt-out using your mobile device settings.
For more information on the privacy practicesof Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation
GDPR Privacy
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
· Consent:You have given Your consent for processing Personal Data for one or morespecific purposes.
· Performanceof a contract: Provision of Personal Data is necessary for the performanceof an agreement with You and/or for any pre-contractual obligations thereof.
· Legalobligations: Processing Personal Data is necessary for compliance with alegal obligation to which the Company is subject.
· Vitalinterests: Processing Personal Data is necessary in order to protect Yourvital interests or of another natural person.
· Publicinterests: Processing Personal Data is related to a task that is carriedout in the public interest or in the exercise of official authority vested inthe Company.
· Legitimateinterests: Processing Personal Data is necessary for the purposes of thelegitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify thespecific legal basis that applies to the processing, and in particular whetherthe provision of Personal Data is a statutory or contractual requirement, or arequirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality ofYour Personal Data and to guarantee You can exercise Your rights.
You have the right under this Privacy Policy, and by law ifYou are within the EU, to:
· Requestaccess to Your Personal Data. The right to access, update or delete theinformation We have on You. Whenever made possible, you can access, update orrequest deletion of Your Personal Data directly within Your account settingssection. If you are unable to perform these actions yourself, please contact Usto assist You. This also enables You to receive a copy of the Personal Data Wehold about You.
· Requestcorrection of the Personal Data that We hold about You. You have the rightto to have any incomplete or inaccurate information We hold about Youcorrected.
· Object toprocessing of Your Personal Data. This right exists where We are relying ona legitimate interest as the legal basis for Our processing and there issomething about Your particular situation, which makes You want to object toour processing of Your Personal Data on this ground. You also have the right toobject where We are processing Your Personal Data for direct marketingpurposes.
· Requesterasure of Your Personal Data. You have the right to ask Us to delete orremove Personal Data when there is no good reason for Us to continue processingit.
· Requestthe transfer of Your Personal Data. We will provide to You, or to athird-party You have chosen, Your Personal Data in a structured, commonly used,machine-readable format. Please note that this right only applies to automatedinformation which You initially provided consent for Us to use or where We usedthe information to perform a contract with You.
· WithdrawYour consent. You have the right to withdraw Your consent on using yourPersonal Data. If You withdraw Your consent, We may not be able to provide Youwith access to certain specific functionalities of the Service.
Exercising of Your GDPR Data Protection Rights
You may exercise Your rights of access, rectification,cancellation and opposition by contacting Us. Please note that we may ask Youto verify Your identity before responding to such requests. If You make arequest, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data ProtectionAuthority about Our collection and use of Your Personal Data. For moreinformation, if You are in the European Economic Area (EEA), please contactYour local data protection authority in the EEA.
Facebook Fan Page
Data Controller for the Facebook Fan Page
The Company is the Data Controller of Your Personal Datacollected while using the Service. As operator of the Facebook Fan Page https://www.facebook.com/massagemedik/,the Company and the operator of the social network Facebook are JointControllers.
The Company has entered into agreements with Facebook thatdefine the terms for use of the Facebook Fan Page, among other things. Theseterms are mostly based on the Facebook Terms of Service: https://www.facebook.com/terms.php
Visit the Facebook Privacy Policy https://www.facebook.com/policy.phpfor more information about how Facebook manages Personal data or contactFacebook online, or by mail: Facebook, Inc. ATTN, Privacy Operations, 1601Willow Road, Menlo Park, CA 94025, United States.
Facebook Insights
We use the Facebook Insights function in connection with theoperation of the Facebook Fan Page and on the basis of the GDPR, in order toobtain anonymized statistical data about Our users.
For this purpose, Facebook places a Cookie on the device ofthe user visiting Our Facebook Fan Page. Each Cookie contains a uniqueidentifier code and remains active for a period of two years, except when it isdeleted before the end of this period.
Facebook receives, records and processes the informationstored in the Cookie, especially when the user visits the Facebook services,services that are provided by other members of the Facebook Fan Page andservices by other companies that use Facebook services.
For more information on the privacy practices of Facebook,please visit Facebook Privacy Policy here: https://www.facebook.com/full_data_use_policy
CCPA Privacy
This privacy notice section for California residentssupplements the information contained in Our Privacy Policy and it appliessolely to all visitors, users, and others who reside in the State ofCalifornia.
Categories of Personal Information Collected
We collect information that identifies, relates to,describes, references, is capable of being associated with, or could reasonablybe linked, directly or indirectly, with a particular Consumer or Device. Thefollowing is a list of categories of personal information which we may collector may have been collected from California residents within the last twelve(12) months.
Please note that the categories and examples provided in thelist below are those defined in the CCPA. This does not mean that all examplesof that category of personal information were in fact collected by Us, butreflects our good faith belief to the best of our knowledge that some of thatinformation from the applicable category may be and may have been collected.For example, certain categories of personal information would only be collectedif You provided such personal information directly to Us.
CategoryA: Identifiers.
Examples: A real name, alias, postaladdress, unique personal identifier, online identifier, Internet Protocoladdress, email address, account name, driver's license number, passport number,or other similar identifiers.
Collected: Yes.
CategoryB: Personal information categories listed in the California Customer Recordsstatute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, SocialSecurity number, physical characteristics or description, address, telephonenumber, passport number, driver's license or state identification card number,insurance policy number, education, employment, employment history, bankaccount number, credit card number, debit card number, or any other financialinformation, medical information, or health insurance information. Somepersonal information included in this category may overlap with othercategories.
Collected: Yes.
CategoryC: Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), race,color, ancestry, national origin, citizenship, religion or creed, maritalstatus, medical condition, physical or mental disability, sex (includinggender, gender identity, gender expression, pregnancy or childbirth and relatedmedical conditions), sexual orientation, veteran or military status, geneticinformation (including familial genetic information).
Collected: No.
CategoryD: Commercial information.
Examples: Records and history of productsor services purchased or considered.
Collected: Yes.
CategoryE: Biometric information.
Examples: Genetic, physiological,behavioral, and biological characteristics, or activity patterns used toextract a template or other identifier or identifying information, such as,fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke,gait, or other physical patterns, and sleep, health, or exercise data.
Collected: No.
CategoryF: Internet or other similar network activity.
Examples: Interaction with our Service oradvertisement.
Collected: Yes.
CategoryG: Geolocation data.
Examples: Approximate physical location.
Collected: No.
CategoryH: Sensory data.
Examples: Audio, electronic, visual,thermal, olfactory, or similar information.
Collected: No.
CategoryI: Professional or employment-related information.
Examples: Current or past job history orperformance evaluations.
Collected: No.
CategoryJ: Non-public education information (per the Family Educational Rights andPrivacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Examples: Education records directlyrelated to a student maintained by an educational institution or party actingon its behalf, such as grades, transcripts, class lists, student schedules,student identification codes, student financial information, or studentdisciplinary records.
Collected: No.
CategoryK: Inferences drawn from other personal information.
Examples: Profile reflecting a person'spreferences, characteristics, psychological trends, predispositions, behavior,attitudes, intelligence, abilities, and aptitudes.
Collected: No.
Under CCPA, personal information does not include:
· Publicly available information from governmentrecords
· Deidentified or aggregated consumer information
· Information excluded from the CCPA's scope, suchas:
· Health or medical information covered by theHealth Insurance Portability and Accountability Act of 1996 (HIPAA) and theCalifornia Confidentiality of Medical Information Act (CMIA) or clinical trialdata
· Personal Information covered by certainsector-specific privacy laws, including the Fair Credit Reporting Act (FRCA),the Gramm-Leach-Bliley Act (GLBA) or California Financial Information PrivacyAct (FIPA), and the Driver's Privacy Protection Act of 1994
Sources of Personal Information
We obtain the categories of personal information listedabove from the following categories of sources:
· Directlyfrom You. For example, from the forms You complete on our Service,preferences You express or provide through our Service, or from Your purchaseson our Service.
· Indirectlyfrom You. For example, from observing Your activity on our Service.
· Automaticallyfrom You. For example, through cookies We or our Service Providers set onYour Device as You navigate through our Service.
· FromService Providers. For example, third-party vendors to monitor and analyzethe use of our Service, third-party vendors to deliver targeted advertising toYou, third-party vendors for payment processing, or other third-party vendorsthat We use to provide the Service to You.
Use of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose personal information We collect for"business purposes" or "commercial purposes" (as definedunder the CCPA), which may include the following examples:
· To operate our Service and provide You with ourService.
· To provide You with support and to respond toYour inquiries, including to investigate and address Your concerns and monitorand improve our Service.
· To fulfill or meet the reason You provided theinformation. For example, if You share Your contact information to ask aquestion about our Service, We will use that personal information to respond toYour inquiry. If You provide Your personal information to purchase a product orservice, We will use that information to process Your payment and facilitatedelivery.
· To respond to law enforcement requests and asrequired by applicable law, court order, or governmental regulations.
· As described to You when collecting Your personalinformation or as otherwise set forth in the CCPA.
· For internal administrative and auditingpurposes.
· To detect security incidents and protect againstmalicious, deceptive, fraudulent or illegal activity, including, whennecessary, to prosecute those responsible for such activities.
Please note that the examples provided above areillustrative and not intended to be exhaustive. For more details on how we usethis information, please refer to the "Use of Your Personal Data"section.
If We decide to collect additional categories of personalinformation or use the personal information We collected for materiallydifferent, unrelated, or incompatible purposes We will update this PrivacyPolicy.
Disclosure of Personal Information for Business Purposes or CommercialPurposes
We may use or disclose and may have used or disclosed in thelast twelve (12) months the following categories of personal information forbusiness or commercial purposes:
· Category A: Identifiers
· Category B: Personal information categorieslisted in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
· Category D: Commercial information
· Category F: Internet or other similar networkactivity
Please note that the categories listed above are thosedefined in the CCPA. This does not mean that all examples of that category ofpersonal information were in fact disclosed, but reflects our good faith beliefto the best of our knowledge that some of that information from the applicablecategory may be and may have been disclosed.
When We disclose personal information for a business purposeor a commercial purpose, We enter a contract that describes the purpose andrequires the recipient to both keep that personal information confidential andnot use it for any purpose except performing the contract.
Sale of Personal Information
As defined in the CCPA, "sell" and"sale" mean selling, renting, releasing, disclosing, disseminating,making available, transferring, or otherwise communicating orally, in writing,or by electronic or other means, a consumer's personal information by thebusiness to a third party for valuable consideration. This means that We mayhave received some kind of benefit in return for sharing personal Iinformation,but not necessarily a monetary benefit.
Please note that the categories listed below are thosedefined in the CCPA. This does not mean that all examples of that category ofpersonal information were in fact sold, but reflects our good faith belief tothe best of our knowledge that some of that information from the applicablecategory may be and may have been shared for value in return.
We may sell and may have sold in the last twelve (12) monthsthe following categories of personal information:
· Category A: Identifiers
· Category B: Personal information categorieslisted in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
· Category D: Commercial information
· Category F: Internet or other similar networkactivity
Share of Personal Information
We may share Your personal information identified in theabove categories with the following categories of third parties:
· Service Providers
· Payment processors
· Our affiliates
· Our business partners
· Third party vendors to whom You or Your agentsauthorize Us to disclose Your personal information in connection with productsor services We provide to You
Sale of Personal Information of Minors Under 16 Years of Age
We do not sell the personal information of Consumers Weactually know are less than 16 years of age, unless We receive affirmativeauthorization (the "right to opt-in") from either the Consumer who isbetween 13 and 16 years of age, or the parent or guardian of a Consumer lessthan 13 years of age. Consumers who opt-in to the sale of personal informationmay opt-out of future sales at any time. To exercise the right to opt-out, You(or Your authorized representative) may submit a request to Us by contactingUs.
If You have reason to believe that a child under the age of13 (or 16) has provided Us with personal information, please contact Us withsufficient detail to enable Us to delete that information.
Your Rights under the CCPA
The CCPA provides California residents with specific rightsregarding their personal information. If You are a resident of California, Youhave the following rights:
· The rightto notice. You have the right to be notified which categories of PersonalData are being collected and the purposes for which the Personal Data is beingused.
· The rightto request. Under CCPA, You have the right to request that We discloseinformation to You about Our collection, use, sale, disclosure for businesspurposes and share of personal information. Once We receive and confirm Yourrequest, We will disclose to You:
· The categories of personal information Wecollected about You
· The categories of sources for the personalinformation We collected about You
· Our business or commercial purpose forcollecting or selling that personal information
· The categories of third parties with whom Weshare that personal information
· The specific pieces of personal information Wecollected about You
· If we sold Your personal information ordisclosed Your personal information for a business purpose, We will disclose toYou:
· The categories of personal informationcategories sold
· The categories of personal informationcategories disclosed
· The rightto say no to the sale of Personal Data (opt-out). You have the right todirect Us to not sell Your personal information. To submit an opt-out requestplease contact Us.
· The rightto delete Personal Data. You have the right to request the deletion of YourPersonal Data, subject to certain exceptions. Once We receive and confirm Yourrequest, We will delete (and direct Our Service Providers to delete) Yourpersonal information from our records, unless an exception applies. We may denyYour deletion request if retaining the information is necessary for Us or OurService Providers to:
· Complete the transaction for which We collectedthe personal information, provide a good or service that You requested, takeactions reasonably anticipated within the context of our ongoing businessrelationship with You, or otherwise perform our contract with You.
· Detect security incidents, protect againstmalicious, deceptive, fraudulent, or illegal activity, or prosecute those responsiblefor such activities.
· Debug products to identify and repair errorsthat impair existing intended functionality.
· Exercise free speech, ensure the right ofanother consumer to exercise their free speech rights, or exercise anotherright provided for by law.
· Comply with the California ElectronicCommunications Privacy Act (Cal. Penal Code § 1546 et. seq.).
· Engage in public or peer-reviewed scientific,historical, or statistical research in the public interest that adheres to allother applicable ethics and privacy laws, when the information's deletion maylikely render impossible or seriously impair the research's achievement, if Youpreviously provided informed consent.
· Enable solely internal uses that are reasonablyaligned with consumer expectations based on Your relationship with Us.
· Comply with a legal obligation.
· Make other internal and lawful uses of thatinformation that are compatible with the context in which You provided it.
· The rightnot to be discriminated against. You have the right not to be discriminatedagainst for exercising any of Your consumer's rights, including by:
· Denying goods or services to You
· Charging different prices or rates for goods orservices, including the use of discounts or other benefits or imposing penalties
· Providing a different level or quality of goodsor services to You
· Suggesting that You will receive a differentprice or rate for goods or services or a different level or quality of goods orservices
Exercising Your CCPA Data Protection Rights
In order to exercise any of Your rights under the CCPA, andif You are a California resident, You can contact Us:
By email: hello@massagemedik.com
By visiting this page on our website: https://massagemedik.com/pages/contact-us
Only You, or a person registered with the CaliforniaSecretary of State that You authorize to act on Your behalf, may make averifiable request related to Your personal information.
Your request to Us must:
· Provide sufficient information that allows Us toreasonably verify You are the person about whom We collected personalinformation or an authorized representative
· Describe Your request with sufficient detailthat allows Us to properly understand, evaluate, and respond to it
We cannot respond to Your request or provide You with therequired information if We cannot:
· Verify Your identity or authority to make therequest
· And confirm that the personal informationrelates to You
We will disclose and deliver the required information freeof charge within 45 days of receiving Your verifiable request. The time periodto provide the required information may be extended once by an additional 45days when reasonable necessary and with prior notice.
Any disclosures We provide will only cover the 12-monthperiod preceding the verifiable request's receipt.
For data portability requests, We will select a format toprovide Your personal information that is readily useable and should allow Youto transmit the information from one entity to another entity withouthindrance.
Do Not Sell My Personal Information
You have the right to opt-out of the sale of Your personalinformation. Once We receive and confirm a verifiable consumer request fromYou, we will stop selling Your personal information. To exercise Your right toopt-out, please contact Us.
The Service Providers we partner with (for example, ouranalytics or advertising partners) may use technology on the Service that sellspersonal information as defined by the CCPA law. If you wish to opt out of theuse of Your personal information for interest-based advertising purposes andthese potential sales as defined under CCPA law, you may do so by following theinstructions below.
Please note that any opt out is specific to the browser Youuse. You may need to opt out on every browser that You use.
Website
You can opt out of receiving ads that are personalized asserved by our Service Providers by following our instructions presented on theService:
· The NAI's opt-out platform: http://www.networkadvertising.org/choices/
· The EDAA's opt-out platform http://www.youronlinechoices.com/
· The DAA's opt-out platform: http://optout.aboutads.info/?c=2&lang=EN
The opt out will place a cookie on Your computer that isunique to the browser You use to opt out. If you change browsers or delete thecookies saved by your browser, You will need to opt out again.
Mobile Devices
Your mobile device may give You the ability to opt out ofthe use of information about the apps You use in order to serve You ads thatare targeted to Your interests:
· "Opt out of Interest-Based Ads" or"Opt out of Ads Personalization" on Android devices
· "Limit Ad Tracking" on iOS devices
You can also stop the collection of location informationfrom Your mobile device by changing the preferences on Your mobile device.
"Do Not Track" Policy as Required by CaliforniaOnline Privacy Protection Act (CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Yourbrowsing activities. If You are visiting such websites, You can set Yourpreferences in Your web browser to inform websites that You do not want to betracked. You can enable or disable DNT by visiting the preferences or settingspage of Your web browser.
Your California Privacy Rights (California's Shine the Lightlaw)
Under California Civil Code Section 1798 (California's Shinethe Light law), California residents with an established business relationshipwith us can request information once a year about sharing their Personal Datawith third parties for the third parties' direct marketing purposes.
If you'd like to request more information under theCalifornia Shine the Light law, and if You are a California resident, You cancontact Us using the contact information provided below.
California Privacy Rights for Minor Users (CaliforniaBusiness and Professions Code Section 22581)
California Business and Professions Code section 22581 allowCalifornia residents under the age of 18 who are registered users of onlinesites, services or applications to request and obtain removal of content orinformation they have publicly posted.
To request removal of such data, and if You are a Californiaresident, You can contact Us using the contact information provided below, andinclude the email address associated with Your account.
Be aware that Your request does not guarantee complete orcomprehensive removal of content or information posted online and that the lawmay not permit or require removal in certain circumstances.
Links to Other Websites
Our Service may contain links to other websites that are notoperated by Us. If You click on a third party link, You will be directed tothat third party's site. We strongly advise You to review the Privacy Policy ofevery site You visit.
We have no control over and assume no responsibility for thecontent, privacy policies or practices of any third party sites or services.
Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We willnotify You of any changes by posting the new Privacy Policy on this page.
We will let You know via email and/or a prominent notice onOur Service, prior to the change becoming effective and update the "Lastupdated" date at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodicallyfor any changes. Changes to this Privacy Policy are effective when they areposted on this page.
Contact Us
If you have any questions about this Privacy Policy, You cancontact us:
By email: hello@massagemedik.com
By visiting this page on our website: https://massagemedik.com/pages/contact-us
DISCLAIMER
MASSAGE MEDIK shall not be liable for technical or editorial errors or omissions contained herein, nor for incidental or consequential damages resulting from furnishing this material. This Web site may contain other proprietary notices and copyright information, the terms of which must be comply with and followed. Our website is updated frequently to ensure that you'll view the latest products information available. Services and resources are intended only for MASSAGE MEDIK customers and are provided only for your convenience. MASSAGE MEDIK grants you no license or property rights to any such services and resources. MASSAGE MEDIK tried its best to present the most accurate descriptions, product specification, compatibility information, links and any other information contained in or referenced on MASSAGE MEDIK. However, occasional human error may occur and we therefore cannot guarantee that all product descriptions, specifications or any other content on the site is entirely accurate, complete, up to date, or that we are responsible for these errors. MASSAGE MEDIK assumes no responsibility regarding the accuracy of the information that is provided by MANUFACTURERS and use of such information is at the user's own risk.
MASSAGE MEDIK makes no representation whatsoever about any other web site which you may access through this site. These web sites are independent from MASSAGE MEDIK and MASSAGEMEDIK.COM has no control over the content of others’ web sites. A link to a non-MASSAGEMEDIK.COM web site does not mean that MASSAGE MEDIK endorses or accepts any responsibility for the content, or the use, of such web site. It is the User’s responsibility; not MASSAGE MEDIK'S, to take precautions to ensure the linked site is free of such items as viruses, worms, Trojan horses or other items of a potentially damaging nature.
IN NO EVENT WILL MASSAGE MEDIK BE LIABLE TO ANY PARTY OR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ANY OTHER WEBSITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA EVEN, IF MASSAGE MEDIK IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
MASSAGE MEDIK MOBILE MESSAGING SERVICE TERMS AND CONDITIONS
The MASSAGE MEDIK mobile message service (the "Service") is operated by MASSAGE MEDIK LLC (“MASSAGE MEDIK”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers from MASSAGE MEDIK via text messages through your wireless provider to the mobile number you provided. Message frequency is recurring. Text the single keyword command STOP to +1 (402) 807-7777 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other MASSAGE MEDIK mobile message programs and wish to cancel, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (402) 807-7777 or email hello@massagemedik.com
We may change any short code or telephone number we use to operate the Service at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you change your mobile phone number, you agree to opt out of the Service prior to changing your mobile number. You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own. You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
PROPERTY RIGHTS
Unless otherwise stated, MASSAGE MEDIK and/or its licensors own the intellectual property rights for all material on the MASSAGE MEDIK website. All intellectual property rights are reserved.
You may not:
Republish material from MASSAGE MEDIK
Sell, rent or sub-license material from MASSAGE MEDIK
Reproduce, duplicate, download or copy material from MASSAGE MEDIK
Redistribute content from MASSAGE MEDIK
This Agreement shall begin on the date hereof.