1. Introduction

1.1 Questions. This website is owned and operated by TES Enterprises, Inc. If you have any questions or concerns about our Privacy Policy, feel free to email us at help@dsfitnesscv.com, or contact us by mail at the following address:
   TES Enterprises
   4797 Heyer Ave
   Castro Valley, CA 94552


1.2 Scope. This Privacy Policy applies only to information we collect through electronic or digital means via www.dsfitnesscv.com,


1.3 No Information From Children Under Age 13. If you are under the age of 13, please do not attempt to register at this website or provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. If you believe we might have any personal information from a child under the age of 13, please email us at help@dsfitnesscv.com.


1.4 Terms of Use. Please note that your use of our Digital Properties is also subject to our Terms of Use, or other applicable End User License Agreements associated with such Digital Properties.

 

2. Information We Collect
2.1 Information You Provide Us. You can provide information to us through various means using our Digital Properties. We collect both personal information, which is information that identifies you as an individual or relates to an identifiable individual, and non-personal information. The information we collect may include the following:

  • Name
  • Home address
  • Home / mobile telephone number
  • Email address
  • Date of birth
  • Credit, debit or other payment account number and related information

During the online account creation process you will select a user name and password. If you purchase any products or services through our Digital Properties we collect your credit card or debit card number and related information, as applicable.


We collect information from you when you purchase a membership and other services from us, including when purchase a membership and/or access other services. If you sign up for a free day pass to our clubs, you will provide us with certain information, such as your name, email address, telephone number, and birthdate.


2.2 Log Information We Collect from You Automatically. We collect certain information automatically as you use our Digital Properties, including your IP (Internet Protocol) address, browser type, computer type, type of mobile device (if used), the carrier for your mobile device, your computer operating system, the version of the Digital Properties that you access, the site from where you navigated to our Digital Properties, the time and date of using the Digital Properties, whether you are a repeat visitor, how long you use the Digital Properties and the pages that you view. We may derive your approximate location from your IP address.

 

3. How We Use Your Information
3.1 To Provide Products, Services, and Information. As described above, we collect information from you so that we can provide products and services that you purchase or otherwise request using the Digital Properties and information that you request from us. For example, we use your personal information to:

  • Set-up your membership
  • Provide services and products to you
  • Process payments for your membership and services, including credit card, debit card and bank account debit (ACH) transactions
  • Contact you regarding your membership and services, and other administrative information
  • Respond to your inquiries, comments, reviews and ratings

3.2 Marketing Emails. We may use your information to send you marketing communications that we believe may be of interest to you. You can always opt-out of receiving marketing emails by using the opt-out feature provided with the email communications.


3.3 Our Business Purposes. We may use your information for our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products and services, enhancing, improving or modifying our Digital Properties, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.


3.4 Other Purposes. We may use non-personal information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine non-personal information with personal information (such as associating your name with your employer if you are a participant in a corporate sponsored program), in which case we will treat the combined information as personal information as long as it is combined.

 

4. How We Share Your Information
4.1 Our Third Party Service Providers and Advertising. We do not share any information with any third party providers or advertiser.

4.2 Legal Requests or Requirements and to Prevent Harm. We reserve the right to disclose your personal information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process. We may also share personal information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to prevent harm to or protect the rights or property of, TES Enterprises, Inc, the Digital Properties, our members or others. This may include sharing information with other companies, lawyers, courts, or other government entities.

4.3 Sharing by You. If you post comments, information or other materials on our message boards, blogs, social media pages or other services, please note that any information you post or disclose through these services will become public information and may be available to users of the Digital Properties and to the general public. We urge you to be very careful when deciding to disclose your personal information, or any other information, on the Digital Properties. If you are a resident of California, under 18 and a registered user of the Digital Properties, you may ask us to remove content or information that you have posted to the Digital Properties by writing to help@dsfitnesscv.com. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.


In addition, we may share information about your fitness activities, progress and goals with your personal trainer or other individual you designate, if you choose to permit such sharing.

4.4 Transfer in the Event of Sale or Change of Control. If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Digital Properties to a third party, we may transfer your personal information to the new owner.

4.5 Other Sharing of Non-Personally Identifiable Information. We may share non-personally identifiable information with third parties for any purpose, except where we are required to do otherwise under applicable law.

 

5. Access to Your Information and Choices
You can access and update certain information we have relating to your online account by signing into your account and going to the member information area of our Digital Properties. If you have questions about personal information we have collected from you or need to update your information, you can email us at help@dsfitnesscv.com.

You can opt-out of receiving emails from D’s Fitness Designed 4 Women by using the opt-out or unsubscribe feature contained in the e-mails.

 

6. Security of Your Information
We seek to use industry standard physical, technical and administrative security measures designed to protect your personally identifiable information. However, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us in accordance with the “Questions” section above.

Please note that emails you send to us through our Digital Properties are not encrypted, and we strongly advise you not to communicate any confidential information in your emails to us.

 

7. Changes to Our Privacy Policy
If we decide to change our Privacy Policy, we will post those changes to the Privacy Policy on this page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances we disclose it. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on our Digital Properties. Your use of the Digital Properties following these changes means that you accept the revised Privacy Policy.

 

8. Important Additional Information for California Residents
This section of our Privacy Policy includes information for California residents, as required under California privacy laws, including the California Consumer Privacy Act ("CCPA").

California privacy laws require that we provide California residents information about how we use their personal information, whether collected online or offline, and this document is intended to satisfy that requirement.

Under the CCPA, "personal information" is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.

Categories of Personal Information that We Collect, Disclose, and Sell. See Section 2 above for the categories of personal information about California residents that we collect, sell, and/or disclose to third parties or service providers for a business purpose.

California Residents’ Rights. ‚Ä®California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below.

Right to Opt-out. California residents have the right to opt-out of our sale of their personal information. D’s Fitness Designed 4 Women does not sell any personal information.

Notice at Collection. We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used.

Verifiable Requests to Delete, and Requests to Know. Subject to certain exceptions, California residents have the right to make the following requests, at no charge, up to twice every 12 months:

  • Right of Deletion: California residents have the right to request deletion of their personal information that we have collected about them, subject to certain exemptions, and to have such personal information deleted, except where necessary for any of a list of exempt purposes.
  • Right to Know – Right to a Copy: California residents have the right to request a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance.
    Right to Know – Right to Information: California residents have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the:
  • categories of personal information collected;
  • categories of sources of personal information;
  • business and/or commercial purposes for collecting and selling their personal information;
  • categories of third parties/with whom we have disclosed or shared their personal information;
  • categories of personal information that we have disclosed or shared with a third party for a business purpose;
  • categories of personal information collected; and
  • categories of third parties to whom the residents’ personal information has been sold and the specific categories of personal information sold to each category of third party.

Submitting Requests. Requests to exercise the right of deletion, right to a copy, and / or the right to information may be submitted by contacting us at via email at help@dsfitnesscv.com. We will respond to verifiable requests received from California consumers as required by law.

Right to Non-Discrimination, and Incentives. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA and imposes requirements on any financial incentives offered to California residents related to their personal information.