PRIVACY POLLICY

Privacy Policy

Last modified: January 5, 2024

This Privacy Policy applies to this Site, Bendylife.com, including all subdomains and mobile applications, (the “Site”), which is owned and operated by Bendy Life, LLC (“Bendylife”, “us”, or “we”), and forms part of the Terms of Use that govern your use of the Site.

PLEASE READ THIS POLICY CAREFULLY BEFORE USING THIS SITE.

This Privacy Policy tells you about our information gathering, use, disclosure, and security practices. This Privacy Policy also informs you of your rights and abilities to control and manage your Personal Information. By accessing or using our Site, you acknowledge that you have read this Privacy policy and agree to be bound by it. IF YOU DO NOT AGREE TO ANY OF THE TERMS CONTAINED IN THIS PRIVACY POLICY, DO NOT USE THIS SITE.

Information collected through the Site for purchase of products offered by Bendylife is collected by Stripe, and Stripe’s privacy policy applies to the collection of data by Stripe. Shopify’s privacy policy can be found here: Privacy Policy (stripe.com). Fitness subscriptions are powered by Vimeo. Information collected through the Site when subscribing or managing subscriptions is collected by Vimeo, and Vimeo’s privacy policy applies to the collection of data by Vimeo. Vimeo’s privacy policy can be found here: Privacy Policy on Vimeo.

  1. SCOPE. 

    1. This Privacy Policy tells you about our information gathering, use, storing, and disclosure practices and applies to information collected through your use of this Site and your electronic communications through this Site. This Privacy Policy also applies to our collection and processing of information provided to us or collected by us offline. 

    2. This Privacy Policy does not apply to information collected by third parties, including via websites that may be accessible from, link to, or are linked from this Site. This Privacy Policy does not apply to information collected by third parties, even if the Site is accessed through a third party website or app.  Bendylife is not responsible for the content or privacy practices of any company other than Bendylife, and Bendylife is not responsible for the content or privacy practices of any non-Bendylife Site to which this Site links or which link to a Bendylife Site. 

  2. INFORMATION WE COLLECT. 

Bendylife collects personal information and non-personal information. 

  1. “Non-personal Information” is any information that does not identify you individually or does not permit a direct association with an individual. Non-personal Information may include information derived from Personal Information that has been de-personalized by removing unique identifiers and/or combining it with information about other users to form aggregated data. 

  2. “Personal Information” is information that is reasonably capable of being associated or could be linked, directly or indirectly, with a particular consumer or household. Bendylife collects some information that is about you individually, but does not identify you, and collects information about your internet connection, your device used to access the Site, and your use of the Site. If Bendylife combines that information with personal information, it will treat it as personal information.

  3. Examples of information Bendylife collects include:

    1. Registration information you submit when you create or update an account on the Site (or through Vimeo), including your name, email address, phone number, and mailing information or sign up to receive email correspondence from the Site;

    2. Information you submit when you subscribe to the Site, provide us feedback, use our “submit a request” form or otherwise correspond with Bendylife, which may include copies of the correspondence;

    3. Information you post to any video or blog, which may include copies of the content posted;

    4. Information we obtain from a third party, such as a third party site, vendor, service provider, analytics partner, marketing or remarketing partner, or other platform provider;

    5. Location information, including location information provided by a mobile device or other device as you navigate the Site;

    6. Activity information about your use of the Site;

    7. Usage, viewing, technical, and device data when you visit the Site or interact with communications from our Site. 

  1. HOW WE COLLECT. Bendylife collects information from and about you directly when you provide such information to Bendylife and automatically when you use the Site.  

    1. Information You Provide. In the course of visiting and using the Site, you may provide information to us voluntarily. For example, you provide information to Bendylife voluntarily when you register an account, fill out a “submit a request” form, complete a transaction, or post on a video/blog page. If you voluntarily provide your Personal Information to us, we collect it. You choose whether to disclose Personal Information, but you may not be able to use certain portions or features of the Site or conduct certain transactions without doing so. 

    2. Information Collected Automatically. We collect some information automatically as you navigate the Site. For example, we collect traffic data (such as information about how much time visitors spend on the Site or each page, etc.), collect and log “clickstream data” (such as internet protocol addresses, pages visited, clicks made, and similar information) and information about your computer and internet connection (such as operating system and browser type) for all visitors. This sort of information is generally considered Non-personal Information (unless it is combined with Personal Information). We may combine information about your use with information about others’ use to generate aggregated Non-personal Information about visitors as a group. Some of the technology used to collect information is explained further in Bendylife’s Cookie Policy. 

    3. Information From Third Parties.  Bendylife may collect certain information about you from third parties, including business partners (such as advertising and joint marketing partners) data providers (such as information services and data licensors) and public sources. For example, if you purchase a product from the Site, Bendylife will receive information about you from Shopify. If you subscribe, Bendylife will receive information from you about Vimeo. Bendylife may receive information about you from other websites and use this information for Bendylife’s own advertising purposes, such as email marketing communications. You may unsubscribe from email marketing at any time. 

3. COOKIES AND RELATED TECHNOLOGY

Bendylife may use the following technologies to collect data as you visit the Site.  To learn more about our use of cookies and your choices, please see the Bendylife Cookie Policy.   

  1. “Cookies” are small pieces of data that a website, when visited by a user, asks your browser to store on your device in order to remember information about you, such as your language preference or login information.  Cookies set by Bendylife are called first party cookies.  Third party cookies are cookies from a domain different than the domain of the website you are visiting.  Cookies can be either persistent or temporary.  A persistent cookie retains user preferences for a particular website, allowing those preferences to be used in future sessions and remains valid until its set expiry date (unless deleted by the user before the expiry date).  Temporary cookies expire at the end of a user session when the browser is closed. 

Most internet browsers are initially set to accept cookies.  Cookies are classified in the following categories: Necessary Cookies, Performance Cookies, Functional Cookies, and Targeting Cookies.  You cannot opt-out of Necessary Cookies, but you can opt out of the other cookie categories by clicking on the “cookie settings” button in your browser, in this policy, or in the applicable website cookie notice.  If you decline the use of cookies or set your browser to refuse cookies, then you may not be able to access or use portions of this Site. 

  1. “Web beacons” and “pixels” are small bits of code embedded in web pages or emails that assist in delivering cookies and measuring statistics.  Web beacons and pixels help Bendylife determine whether a page on this Site has been viewed and, if so, how many times.  Bendylife may also use web beacons and pixels in email messages to determine what the recipient has done with the message.  Although you cannot decline to receive web beacons and pixels when visiting a web page, you can choose not to receive them by email if you disable HTML images or refuse HTML email messages.  

  2. Google Analytics.  The Site uses Google Analytics.  Google Analytics assists Bendylife with collecting and monitoring data about Site traffic and usage.  Google Analytics collects visitation information and identifiers via browser cookies.  We use Google Analytics for search term optimization, content analysis, website development, and improving the online shopping experience for Site visitors.  You can learn how Google collects and processes data by visiting the following website: www.google.com/policies/privacy/partners/.  If you would like to opt-out of the collection of data by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.  

4. HOW WE USE INFORMATION

Bendylife uses information that you provide and/or that Bendylife collects to present the Site to you, improve the Site, deliver a more personalized experience to you, to provide you with information, products, and/or services that you request from Bendylife, to market Bendylife’s products to you, to fulfill any other purpose for which you provide such information, to provide you with other information you requested, in any other way Bendylife may describe when you provide the information, and for any other purpose with your consent. Bendylife may aggregate the information you provide or that Bendylife collects from you with information collected from other users to allow Bendylife to evaluate its products, solutions, and services. Bendylife may use the information it collects to contact you about Bendylife’s products that may interest you; if required by law, we will obtain your approval to do so. If you do not want Bendylife to use your information this way, please see Section 7 below. 

5. DISCLOSURE OF INFORMATION

  1. General. Bendylife may disclose aggregated information about its users and information that does not identify any individual without restriction. Bendylife may disclose personal information that it collects or you provide as described in this Privacy Policy to Bendylife’s business partners, affiliates, contractors, distributors, or service providers, and other third parties Bendylife uses to support its business, including but not limited to customer support, web hosting, information technology, payment processing, product fulfillment, fraud control, legal services, marketing, and remarketing, advertising and analytics providers. Bendylife requires such processors to agree in writing to maintain safeguards for protection of your Personal Information Bendylife may also disclose personal information that it collects or you provide to a purchaser or successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Bendylife’s assets; to fulfill the purpose for which you provided the personal information; for any other purpose when you consent to such disclosure at the time you provide the information. Bendylife may also disclose your personal information to comply with any court order, law, or legal process, including to respond to any government or regulatory request, to enforce Bendylife’s terms of use and other agreements, and if Bendylife believes disclosure is necessary or appropriate to protect the rights, property, or safety of Bendylife, its customers, or others. 

  2. Disclosure for Third Party Direct Marketing. Bendylife does not share personal information it receives or collects from you with its business partners for their direct marketing purposes (to market their own goods or services directly to you). Bendylife will not do so in the future unless you have first consented and then only unless or until you withdraw your consent.

  3. Google Analytics and Google Analytics Advertising. The Site uses Google Analytics. Google Analytics assists Bendylife with collecting and monitoring data about traffic to the Site. Google Analytics collects visitation information via Google advertising cookies and identifiers. You can learn how Google collects and processes data by visiting the following website: www.google.com/policies/privacy/partners/. This Site also uses Google Analytics Advertising, including Google Demographics and Interest Reporting, Google Display and Search Remarketing, and Google Display Impression Reporting. Google Analytics Remarketing uses cookies to track users who visit the Site and display ads when users are on other websites. If you would like opt-out of the Google Analytics Advertising Features, you can adjust your Ad Settings and Ad Settings for mobile apps. For information on how to adjust your Ad Settings, visit the following website: https://support.google.com/accounts/answer/2662856?co=GENIE.Platform%3DAndroid&hl=en. For more information about Google Analytics’ currently available opt-outs or to opt-out of the collection of data by Google Analytics, visit the following website: https://tools.google.com/dlpage/gaoptout/. For information about how to opt out of Google Marketing Platform’s use of cookies, visit https://optout.networkadvertising.org/?c=1.  For more information about targeting and advertising cookies and how to opt out of those, visit optout.aboutads.info. 

  4. Third Party Analytics. Bendylife engages social media sites such as Instagram, as well as other third party service providers to assist with collecting and monitoring data about traffic to the Site, as well as to display ads to users when users are on other websites. These third parties use cookies, web beacons, and other tracking technologies to collect or receive information from Bendylife, the Site, or elsewhere on the internet, as discussed in Section 4 above, and will use that information to provide measurement services and targeted advertisements. You have the ability to opt-out of the collection or use of your data for remarketing, retargeting, online behavioral advertising, and interest-based advertising. You may do so by visiting the following websites: www.networkadvertising.org/choices, www.aboutads.info/choices, or http://www.youronlinechoices.eu/.

  5. Other. We may disclose your Personal Information for any purpose we disclose when you provide the information, with your consent, and as permitted by law.

  6. Outside EEA. Bendylife is based in the United States. By sharing your Personal Information with Bendylife, you are transmitting your Personal Information outside the European Economic Area. When Bendylife shares your Personal Information with the persons described above, those persons may also be located outside of the European Economic Area.

6. DATA PROTECTION

  1. Security.  Bendylife takes steps to protect your Personal Information. Access to your Personal Information is restricted in the following ways: Access to our database(s) are protected by passwords. Our servers are kept in a secure environment and are protected by a firewall. We contract with a third party professional IT vendor to oversee and ensure security protocols. If you have any questions or would like additional information about our security measures, please contact us. Any unauthorized use of the Site may result in criminal and/or civil prosecution.

  2. Do Not Track. We take no action in response to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

  3. Steps You Can Take. You are responsible for maintaining the confidentiality of your username and password associated with use and access to certain features of this Site. You are prohibited from sharing your username or password with others.

  4. Disclaimer. While Bendylife endeavors to safeguard your Personal Information, we cannot guarantee absolute security. You acknowledge and agree that we shall not be liable for any security breach that results from causes or events that are beyond our control, such as acts of God, hacking, terrorism, power outages, defects in third party security products and services, your own acts or omissions, and other similar events. Please be aware that no security measures are perfect or impenetrable, so security is not guaranteed. Bendylife also cannot control the actions of other users of the Site.

7. HOW TO MANAGE YOUR INFORMATION

  1. Rights Generally. You have certain rights with respect to your Personal Information. As described below, you have the right to be informed about the processing of your Personal Information, you may access your Personal Information, object to processing of your Personal Information, restrict processing of, rectify, request erasure of, and/or export your Personal Information. To the extent we process your Personal Information based on your consent, you have the right to withdraw that consent at any time by contacting us. If you object to our processing of your information based on legitimate interests of Bendylife or third parties as identified above, you may lodge an objection or complain by contacting us.

  2. Access to Information. You are entitled to know what of your Personal Information is being processed and with whom it is shared. You may obtain a copy of your Personal Information, in electronic format and free of charge, by sending a written request to Bendylife.

  3. Modifying or Deleting Your Information. You may use the Bendylife Site or send a written request to Bendylife to rectify any inaccurate Personal Information, complete any incomplete records of Personal Information, restrict what Personal Information is available to other members in the Member Search tool, and/or, in certain circumstances, request deletion of certain Personal Information. Please note that in certain cases we cannot delete Personal Information. For example, we cannot delete your Personal Information if you are a member and/or the Personal Information is required for the purpose for which it was collected. You may also request a temporary suspension to processing of your Personal Information and object to further processing of Personal Information inconsistent with the primary purpose for which it was collected.

  4. California Residents. California Civil Code Section 1798.83 permits users of the Site who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. Bendylife shares your Personal Information with Bendylife Foundation for direct marketing, solicitation, and fundraising purposes. To opt out of having your Personal Information shared, please contact us.

8. FOR EEA RESIDENTS: YOUR RIGHTS 

If you are a resident of the EEA, Bendylife will only send you marketing emails in compliance with applicable law. After a member account is created, you have the choice to withdraw consent, opt-out and/or unsubscribe from certain email correspondence that Bendylife, affiliates, vendors, and third parties may send you. These choices may be made by clicking on any “unsubscribe” features in the correspondence itself, by visiting the Site and modifying your user preferences as to privacy and communications, or by contacting us at the contact information set forth below.

Additionally, if you reside in the EEA, the following rights apply to you:

  1. Right to Access Your Personal Data: You have a right to access the personal data that we hold on you and the following information regarding our use of it: (i) purpose of the use, (ii) categories of personal information used, and (iii) to whom we have disclosed your personal information. If you would like a copy of the personal information that we hold on you, please contact us.

  2. Correct and Update Your Personal Data: You also have a right to require that any inaccurate personal data that we hold on you is corrected. If you find that any of your personal data is incorrect, please contact us.

  3. Right to Be Forgotten/Request that We Delete Your Personal Data: You may request that Bendylife erase your personal information when Bendylife no longer needs such data. For implementation on your rights including the “right to be forgotten,” please contact us.

  4. Withdraw Consent: If Bendylife’s ability to use your personal information depends on consent you have given, you may withdraw such consent.

  5. Restriction: You may request that Bendylife restrict (or suspend) use of your personal information.

  6. Object: You may object to Bendylife’s use of your personal information to perform services you have not requested.

  7. Copies and Portability: You may request copies of your personal information that Bendylife possesses in a structured, commonly used, and machine readable format, and you may request that this be transmitted to another controller.

  8. Complaint: You may lodge a complaint with the supervising authority of your country.

  9. Accept or Reject the Cookies 

  10. Not to be Discriminated for Exercising Your Privacy Rights

For implementation of these rights, contact us at .  If you have any questions or concerns about personal data or this privacy policy or you wish to make a complaint about how we have processed your personal data, please contact us by writing to paloma@bendylife.com.

9. NEVADA RESIDENTS

Under Nevada law, Nevada residents may submit a request directing us not to make certain disclosures of Personal Information we maintain about them.  If you are a Nevada resident and wish to exercise this right, you may contact us by email at paloma@bendylife.com.

10. ADDITIONAL STATE PRIVACY RIGHTS.  

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

  1. Confirm whether we process their personal information.

  2. Access and delete certain personal information.

  3. Data portability.

  4. Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

  1. Correct inaccuracies in their personal information, taking into account the information's nature processing purpose.

  2. Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights or to appeal a decision regarding a consumer rights request, please contact us at paloma@bendylife.com or [insert address or phone].  Bendylife will respond to all appeal requests as soon as we reasonably can, and no later than legally required.

11.  DATA RETENTION

Bendylife keeps your Personal Information for as long as needed or permitted in light of the purposes for which it was obtained.

12. MODIFICATIONS

Bendylife may modify this Privacy Policy from time to time in our sole discretion. If we make a material change to this Privacy policy, we will post such changes on the Site. We may also notify you of the changes via email. By continuing to use our Site, you are bound by any modifications to this Privacy Policy.

13. CONTACT

We will use reasonable efforts to respond promptly to reasonable requests or questions you may have regarding our use of your Personal Information. If you have any questions about this Privacy Policy, you may contact us at paloma@bendylife.com or [insert address or phone].