Last updated: April 26, 2023
This Policy describes how information obtained from California consumers, employees and businesses including visitors to The Bar Method Franchisor LLC (“The Bar Method”, “we”, “us” or “our”) website found at www.barmethod.com (“Website”), our mobile application (“Application” or “App” or “Apps”), and our company-owned and franchised-locations, where applicable is collected, used, and disclosed. This Policy also explains how you can make requests to know about your personal information and delete your personal information. Please note that this Policy applies to information collected by us and/or independently owned and operated franchised locations, where applicable.
Terms included in this Policy, including but not limited to, Personal Information and Service Provider, carry the same meaning in this Policy as they do in the California Consumer Privacy Act of 2018, Cal. Civ. Code Section 1798.100, et seq., as may be amended from time to time including but not limited to those amendments enacted by the California Privacy Rights Act of 2020 (“CPRA”).
For ease of reference, you may click on any of the following links to jump to one of the sections addressed below:
California’s Shine the Light Law
California Consumer Privacy Act
- California Residents’ Rights Under the CPRA
- Categories of California Consumers’ Personal Information Collected or Disclosed
- Methods for Submitting CPRA Requests to Us
- Verification Process
- Authorized Agents
- Response Timing and Format
- Sale of Personal Information
- Financial Incentive Offers
- Metrics Regarding CPRA Requests and Responses During the Previous Calendar Year
- The Rights of California Consumers Who are Less than 16 Years of Age
- Contact Us for More Information
CALIFORNIA’S SHINE THE LIGHT LAW
Subject to certain limits under California Civil Code section 1798.83, California residents may ask us to provide them with (i) a list of certain categories of personal data that we have disclosed to other organizations for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those other organizations. California residents may make one request per calendar year.
CALIFORNIA’S CONSUMER PRIVACY ACT
1. CALIFORNIA RESIDENTS’ RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT
If you are a California resident, you have certain rights regarding information that is treated as Personal Information under the CPRA.
- The right to know what categories of Personal Information are being collected or disclosed and the categories of sources of that Personal Information
You have the right to know what categories of Personal Information we collect, sell, or disclose about you, as well as the categories of other organizations who received your Personal Information and the categories of sources of that Personal Information. These categories are described in the “Categories of California Consumers’ Personal Information Collected or Disclosed” section below. We are also required to provide to you, before or at the point of collection, with a general notice about the categories of Personal Information collected by us and how we intend to use the collected Personal Information.
- The right to access collected Personal Information
You have the right to request that we provide a copy of your Personal Information that we collected or disclosed in the preceding twelve (12) months. Only you, or someone you legally authorize to act on your behalf, may make a request related to your Personal Information. You may submit a maximum of two requests in a 12-month period.
You must provide sufficient information to enable us to reasonably verify your identity or that of your authorized agent. We will only use the Personal Information provided in your request to verify your identity or that of your authorized agent. Please note that we cannot provide any Personal Information in response to a request if we cannot verify your or your authorized agent’s identity, or your authorized agent’s authority to make the request on your behalf, and/or if we cannot confirm that the collected Personal Information relates to you.
You are not required to create an account with us before submitting a verifiable request. Please submit your request using the online Data Privacy Request form found at https://barmethod.com/dataprivacyrequest/, or by calling our Data Privacy Request toll-free number at 1-888-297-7879. After receiving and verifying your request, we will provide the following information (depending on your request):
- The categories of Personal Information collected about you in the preceding twelve (12) months.
- The sources of that Personal Information by category.
- The business or commercial purpose(s) for collecting that Personal Information.
- The categories of other organizations with whom we shared that Personal Information, if applicable.
- The specific pieces of Personal Information collected about you.
If we disclosed your Personal Information for a business purpose, we will provide:
- the categories of Personal Information disclosed for a business purpose in the previous twelve (12) months and the categories of other organizations, if applicable, to whom the Personal Information was disclosed.
See the “Methods for Submitting CPRA Requests to Us” section below for information on how you can exercise your right to access collected Personal Information. For more information, see also the “Response Timing and Format” section below.
- The right to request deletion of Personal Information
With certain exceptions, you have the right to request that we and our service providers (where applicable) delete Personal Information we or our service providers collected or maintained. Once we receive and verify your request, we will delete and instruct any applicable service providers to delete your Personal Information from our records, unless an exception applies.
We and our service providers may deny a verified deletion request if we must maintain your Personal Information to:
- Complete the transaction or provide a good or service requested by you for which we collected the Personal Information, or otherwise perform a contract between us.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity.
- Debug to identify and repair errors that impair existing intended functionality of our systems.
- Exercise a legal right provided for by law, including exercising or ensuring free speech rights.
- Comply with the California Electronic Communications Privacy Act (California Penal Code sections 1546 to 1546.4).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest if:
- the research adheres to all other applicable ethics and privacy laws;
- deleting the Personal Information is likely to make the research impossible or seriously impair it; and
- you provided informed consent during the initial data collection.
- Enable our internal use in a manner that you would reasonably expect based on your relationship with us.
- Comply with our legal obligations.
- Otherwise use your Personal Information internally in a lawful manner that is compatible with the context in which you provided the information.
See the “Methods for Submitting CPRA Requests to Us” section below for information on how you can exercise your right to delete collected Personal Information.
- The right to be free from discrimination
You have the right to equal service, and we will not discriminate against you if you exercise your rights under the CPRA. However, under certain circumstances, we may offer you special discounts or other incentives for the right to continue to collect or use your Personal Information. In that event, we will notify you of the relevant program’s material terms and obtain your voluntary opt-in consent to the program.
2. CATEGORIES OF CALIFORNIA CONSUMERS’ PERSONAL INFORMATION COLLECTED OR DISCLOSED
We collect a variety of categories of Personal Information about California consumers, their household, and/or their devices from both online and offline (such as hard-copy forms) sources. We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated, or incompatible purposes without providing advance notice.
In particular, the following types of Personal Information we may have collected and reason for collection in the last twelve (12) months includes but is not limited to:
- Your name, home address, billing address, other payment information, membership information, date of birth, age, gender, email address, telephone number, and other information, as applicable;
- We collect information from you when you sign up with us and/or use any of our service providers’ sites to, for example, sign up for a class or otherwise give us information. We also collect information when you fill out a franchise information form or when you submit a success story;
- Your transaction history relating to the use of The Bar Method, purchase of certain products or other information you wish to share with us and integrate with the Site;
- Computer data or files, often called “cookies,” which may be sent by your web browser and stored on an individual computer to allow our server to “recognize” you through the navigation of the Site and for us to credit your account for various online transactions;
- Computer data files, often called “web beacons” that are collected from emails or links on other organizations' sites that allow our server to evaluate the popularity of those links or the information contained in emails or on other organizations' sites;
- Log information as you use our Websites, including your IP (Internet Protocol) address, browser type, computer type, type of mobile device (as applicable), the service provider for your mobile device, your navigation on our Websites, the time and date of your use of the Websites, and other similar information; and
- Employment-related information.
The information we may collect through your use of the Apps may depend on the version of the Apps or the country you are in, but this information may include, but is not limited to:
- Information to register for your App account, such as first name, last name, email address and other membership information related to The Bar Method, as well as a username and password to access the App;
- Your activity history regarding your use of the Apps, such your visits to studios, participation in training activities, classes or utilization of other The Bar Method products or services;
- Membership-related information, such as your home address, The Bar Method studio location, and membership number;
- Fitness-related information provided in the membership process, where applicable;
- Certain location or geolocation information pulled directly from your mobile device, your wireless carrier or certain other organizations, to allow tracking of your activity. This collection and tracking may occur even when the Apps or other related applications are not actively open and running;
- Information regarding personal training sessions and communication with staff from The Bar Method;
- Records of copies of your correspondence, if you contact us;
- Information provided by you when you participate in a survey or communication to you regarding your use of the Apps, or utilizing The Bar Method services;
- Various account information related to your membership to allow you to update credit card, bank account, other payment information, or any other information regarding your profile, where applicable;
- If we offer alternative sign-ins, we may collect certain sign on information you have provided to other organizations, such as Facebook or Twitter, when you sign on to use our Apps through these other organizations; and
- Computer data or files, often called “cookies,” which may be sent by your mobile device to allow our server to “recognize” you through the navigation of the Apps and for us to link your activity on the Apps with your membership.
Information obtained from your Social Media Accounts, where applicable:
- You may choose to log into your account with The Bar Method on the site or through our Apps via certain social media networking services, such as Facebook and Twitter (“Social Media Accounts”). By integrating these Social Media Accounts into your account, we can offer you more personalized services, but may also collect certain personal information provided in your Social Media Accounts, such as your profile information, email address, profile picture and friend list. If you do not want us to have access to this information, do not utilize the Social Media Account sign-in feature.
We may have shared or disclosed for a business purpose the following Personal Information with the following categories of recipients:
- Personal Identifiers. Recipients of this information may include affiliates and subsidiaries, website development and (cloud) hosting providers, email platform provider, marketing analytics companies and business partners.
3. METHODS FOR SUBMITTING CPRA REQUESTS TO US
You have the right to submit a verifiable request to us using the following methods:
- Online Request Form. You may submit a data privacy request by completing the online Data Privacy Request form located here: https://barmethod.com/dataprivacyrequest
- Toll-Free Telephone Call. You may submit requests by calling our toll-free Data Privacy Request number at 1-888-297-7879. A member of our team will process your request as applicable
- Studio locations. If you are at any of our studio locations in California, you will be asked to submit the data privacy request using either of the two options referenced above (online form or toll-free number)
Further, the CPRA requires that businesses recognize browser-based signals as a means for consumers to opt-out of sales and sharing of personal information, and targeted advertising.
Once we receive a request to know or to delete, we must verify your identity before we can respond. You may be required to provide the following information for verification purposes and efficiency when applicable:
- Your first and last name
- Your e-mail address
- Your telephone number
- Your studio location
If you submit either a request to know specific pieces of Personal Information collected, or a request to delete sensitive, irreplaceable, or otherwise valuable Personal Information, you (or your authorized agent, if applicable) will be required to provide a signed declaration affirming your identity (or your authorized agent’s identity, if applicable).
An authorized agent is either a natural person or a business entity registered with the California Secretary of State that a consumer has authorized to act on his or her behalf. You may use an authorized agent to submit a request to know or request to delete. You may make such a designation by providing the agent with written permission to act on your behalf. We will require the authorized agent provide either (1) a power of attorney or (2) proof of your written permission. In addition to proof of your written permission, we may require you to verify your own identity and directly confirm that you provided the agent permission to submit the request.
6. RESPONSE TIMING AND FORMAT
- Acknowledgement of receipt of request
We will confirm receipt of a request from you within ten (10) days. This confirmation will provide information about how we will process the request, including a description of our verification process and an approximation of when we will send you a substantive response.
We will respond to a verifiable request from you within forty-five (45) days. If we cannot respond in that time, we will notify you in writing that we need an additional forty-five (45) days and explain the reason for the needed additional time. If you have an account with us, we will respond to that account. If you do not have an account with us, we will deliver the written response by mail or e-mail, at your option.
Any disclosures we provide will cover only the 12-month period preceding our receipt of your verifiable request. If we cannot comply with your request, we will explain why. If you have requested to know specific Personal Information we collected, we will provide that information to you.
We do not charge a fee to process or respond to a verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why and provide you with a cost estimate before completing the request.
7. SALE OF YOUR PERSONAL INFORMATION
California residents have the right to opt-out of the sale or sharing of their Personal Information, and targeted advertising. California law defines “sale” very broadly and so, for example, placing certain types of cookies on websites may fall within scope. We have implemented technical controls to limit the sale or sharing of personal information with other entities. However, we may share information about you with our affiliates in accordance with applicable requirements. Under California, this could be considered a “sale” and so we want to share this information with you. Even though we do not sell your personal information as one generally thinks of the word “sale”, you have the right to opt-out of the sale of your personal information.
8. FINANCIAL INCENTIVE OFFERS
At this time, we do not offer any financial incentives or price or service differences that relate to our collection, retention, or use of your Personal Information. However, if this changes, we will provide a written description of the material terms of the financial incentive or price or service difference to you in a written Notice of Financial Incentive and you will only be enrolled as a participant if you affirmatively opt-in to the program. You may revoke your opt-in consent at any time. The Notice of Financial Incentive will explain the processes for opting-in to participate and revoking your consent (opting-out).
9. METRICS REGARDING CPRA REQUESTS AND RESPONSES DURING THE PREVIOUS CALENDAR YEAR
At the end of each calendar year, we will report as applicable regarding the number of requests to know or requests to delete that we received, complied with in whole or in part, or denied, and the median length of our response time.
10. THE RIGHTS OF CALIFORNIA CONSUMERS WHO ARE LESS THAN 16 YEARS OF AGE
Under California law, consumers who are less than 16 years of age must provide affirmative authorization, or a parent or guardian of a consumer less than 13 must provide affirmative authorization, before a business may sell their Personal information. This is referred to as the “right to opt-in.” We do not have actual knowledge that we sell the Personal Information of California consumers who are less than 16 years of age.
For avoidance of doubt, our Website is not intended for children under 16 years of age. No one under age 16 may provide any Personal Information on the Website. If you are under 16, do not use this Website or provide any information on this Website. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at email@example.com.
11. CONTACT US FOR MORE INFORMATION
California consumers who have questions or concerns about our privacy policies and practices may contact a trained representative through one of the following methods:
- Toll-free call: 1-888-297-7879
- Email: firstname.lastname@example.org
The Bar Method Franchisor LLC
Attention: Data Protection Officer
111 Weir Drive
Woodbury, Minnesota 55125 U.S.A.
When contacting us, please include in the communication or have available the information listed under the “Verification Process” section above. If using an authorized agent, please include in the communication or have available proof of authorization.