PHYNIX RISING

Privacy Policy

 

PRIVACY POLICY

 

 

Effective Date: This Privacy Policy (“Privacy Policy” or “Policy”) was last updated on June 30, 2018.

 

This Privacy Policy describes how information obtained from visitors of the www.phynixrising.com website (the “Website”), the Phynix Rising® Mobile Application (the “Mobile Application”), and the Phynix Rising® In-Store Forms Application (the “In-Store Application”) (the Mobile Application and In-Store Application are collectively the “Applications”) is collected, used, and disclosed.

 

Through the Website and/or the Application(s), Phynix Rising LLC. (“PHYNIX RISING LLC.”) is providing you with information about products and services offered at Phynix Rising® locations, including massage and facial sessions, along with (a) the ability to schedule, modify, and/or cancel appointments with any Phynix Rising® location; (b) provide information to and complete forms with your Phynix Rising® location regarding massage and facial sessions; (c) enter into and use benefits under any Wellness Agreement entered into with your Phynix Rising® location; (d) purchase and/or redeem gift cards at any Phynix Rising® location; (e) purchase massage and facial sessions and product at any Phynix Rising® location as a guest; (f) view information about and find the Phynix Rising® location nearest you; (g) complete customer satisfaction surveys about any Phynix Rising® location; (h) view opportunities to apply for employment with a Phynix Rising® location; and/or (i) apply for job openings at PHYNIX RISING LLC. corporate (collectively, the “Service”).

 

Please note that this Policy applies to information collected by PHYNIX RISING LLC. and/or Phynix Rising® locations through the Website and/or Applications. Your use of the Website, Application(s), and/or any information or content provided on any of them, any Service, and/or any service or product provided by or purchased from an Phynix Rising® location and any dispute over privacy is subject to this Policy and the Terms and Conditions, including its applicable limitations on damages and the resolution of disputes. The Terms and Conditions are incorporated by reference into this Policy.

 

 

INFORMATION COLLECTION

 

 

PHYNIX RISING LLC. and/or Phynix Rising® locations may collect information about you directly from you and from third parties, as well as automatically through your use of the Website, Application(s), and/or Service.

 

Information collected directly from you:

 

When you use the Website, Application(s), and/or Service, certain areas or features may require you to provide personal information. If you request an appointment at an Phynix Rising® location, that Phynix Rising® location collects your name, email address, phone number, etc. (“Personally Identifiable Information” or “PII”), and information about your desired appointment (e.g., your desired date, time, and services). If you make a purchase through the Website, PHYNIX RISING LLC. will collect your payment information, including your PII and billing and shipping information. PHYNIX RISING LLC. also collects information from you when you contact PHYNIX RISING LLC. such as if you request information about an  Phynix Rising® location. When you contact PHYNIX RISING LLC., PHYNIX RISING LLC. requests your PII, geographic location, and information about the purpose of the contact and collects this information. PHYNIX RISING LLC. also collects information about you, including your PII, the position for which you are applying, and information concerning your qualifications, prior work experience, references, and the like when you make an inquiry or submit an application for a position with PHYNIX RISING LLC. through the Careers page on the Website.

 

If you make a reservation through the Mobile Application, the Phynix Rising® location at which you make a reservation will collect your PII and payment information. If you contact an Phynix Rising® location, that location may also collect information, including your PII. When you contact an Phynix Rising® location, that location may request your name and other PII, geographic location, and information about the purpose of your contact. When you submit an application through the Careers page on the Website for a position at a particular Phynix Rising® location, that location may collect information about you including your PII, the position for which you are applying, and information concerning your qualifications and prior work experience.

 

Information collected from third parties:

 

PHYNIX RISING LLC. and/or Phynix Rising® locations also may collect information about you from third parties. For example, if someone purchases a gift card through the Website, PHYNIX RISING LLC. may collect the recipient’s and the purchaser’s PII and the purchaser’s payment information.

 

PHYNIX RISING LLC. and/or an Phynix Rising® location may also supplement or verify information about you from a service provider.

 

Information collected automatically:

 

PHYNIX RISING LLC. may automatically collect the following information about your use of the Website, Application(s), and/or Service through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit the Website, Application(s), and/or use the Service; and the referring URL or the webpage that led you to the Website. PHYNIX RISING LLC. does not link the information that is automatically collected to any PII you submit while on the Website and/or while using the Application(s). Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

 

 

HOW YOUR INFORMATION IS USED

 

 

PHYNIX RISING LLC. and/or Phynix Rising® locations may use your information, including your PII, for the following purposes:

 

To provide the Service to you, to communicate with you about your use of the Service, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.

 

To manage the Careers page on the Website, which is a tool utilized by PHYNIX RISING LLC. and Phynix Rising® locations to assist in their recruiting efforts.

 

To tailor the content and information that PHYNIX RISING LLC. and/or Phynix Rising® locations may send or display to you, to offer location customization and personalized help and instructions, and to otherwise personalize your experiences while using the Website, Application(s), and/or the Service.

 

For marketing and promotional purposes. For example, PHYNIX RISING LLC. and/or Phynix Rising® locations may use your information, such as your email address and/or cellular phone number, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information that may interest you. PHYNIX RISING LLC. and/or Phynix Rising® locations also may use the information that is collected from you to assist in advertising the Service on third-party websites.

 

To better understand how users access and use the Website, Applications, and/or Service, both on an aggregated and individualized basis, in order to improve the Website, Applications, and/or Service and respond to user desires and preferences and for other research and analytical purposes.

 

To administer PHYNIX RISING LLC.’s national reciprocity system for the Phynix Rising® locations.

 

To protect the rights and interests of PHYNIX RISING LLC. and/or Phynix Rising® locations, such as to resolve any disputes, enforce the Terms and Conditions, or to respond to legal process (such as a summons in a lawsuit or subpoena).

 

 

SHARING INFORMATION

 

 

Neither PHYNIX RISING LLC. nor Phynix Rising® locations will share your credit card number or any other financial information with any third party except to complete your transaction and to verify your credit card information. PHYNIX RISING LLC. and/or Phynix Rising® locations may share your personal information with third parties in the following instances:

 

Legal Disclaimer:

 

PHYNIX RISING LLC. and/or Phynix Rising® locations shall disclose PII when required by law or under the good-faith belief that such action is necessary under applicable law. PHYNIX RISING LLC. and/or Phynix Rising® locations may disclose PII in order to establish or exercise its or their legal rights or defend against legal claims. PHYNIX RISING LLC. and/or Phynix Rising® locations also may share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, to protect PHYNIX RISING LLC.’s and/or Phynix Rising® locations’ property or interests or that of their agents and employees, and to protect guests of an Phynix Rising® location, personal safety, and/or the public.

 

Aggregate Information (non-personally identifiable):

 

PHYNIX RISING LLC. and/or Phynix Rising® locations may share some aggregated demographic information (age, zip codes) with some of their partners. This is not linked to any PII. PHYNIX RISING LLC. and/or Phynix Rising® locations may use third-party advertising companies to serve ads on its/their behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness.

 

Third-Party Service Providers:

 

PHYNIX RISING LLC. and/or Phynix Rising® locations may disclose information about individual users to third parties who provide services to PHYNIX RISING LLC. and/or Phynix Rising® locations or have a contractual relationship with PHYNIX RISING LLC. or an Phynix Rising® location. These third parties provide a variety of services to PHYNIX RISING LLC. and/or Phynix Rising® locations, including, without limitation, processing and verifying credit card information, tracking internet marketing campaigns, and processing credit card transactions. In addition, these third-party services may include enhancing the information PHYNIX RISING LLC. and/or Phynix Rising® locations collect about customers of the locations. PHYNIX RISING LLC. and/or Phynix Rising® locations may also use third-party email providers to assist with sending marketing emails for PHYNIX RISING LLC. or on behalf of Phynix Rising® locations. These companies do not retain, share, store, or use PII for any secondary purposes. Any PII that PHYNIX RISING LLC. and/or any Phynix Rising® location shares with any third-party service provider may only be used to provide services to PHYNIX RISING LLC. and/or Phynix Rising® locations and the service providers will not be given permission to use such information for other purposes such as contacting guests of an Phynix Rising® location.

 

Business Transitions:

 

In the event PHYNIX RISING LLC. goes through a business transition, such as a merger, an acquisition by another company, or a sale of all or a portion of its assets, PII of users collected by PHYNIX RISING LLC. through the Website and/or Application(s) will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on the Website and Application(s) for 30 days after a transfer of their PII, if PII will be used contrary to this policy. If as a result of the business transition, the users’ PII will be used in a manner different from that stated at the time of collection, users will be given the option to continue to share their information consistent with the notification of changes section on this Website and/or Application(s). As a result of the business transition, you may elect to discontinue the sharing of your PII and such information will not be transferred to the new entity. However, nothing in this Privacy Policy is intended to interfere with the ability of PHYNIX RISING LLC. to transfer all or part of its business and/or assets (including the Website), for any purposes, without any limitation whatsoever. PHYNIX RISING LLC. specifically reserves the right to transfer or share a copy of PII collected from the Website and/or Application(s) to the entity to whom that portion of its business relating to that information is transferred.

 

In the event an Phynix Rising® location goes through a business transition, such as a merger, an acquisition by another company, or a sale of all or a portion of its assets, PII of users collected by such Phynix Rising® location through the Website and/or Application(s) will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on the Website and Application(s) for 30 days after a transfer of their PII if PII will be used contrary to this policy. You hereby acknowledge and agree that the PHYNIX RISING LLC. entities (as defined in the Terms and Conditions) are not responsible for any damages, harm, or violation of law that may arise from the failure of an Phynix Rising® location to provide this notification to you. If, as a result of the business transition, the users’ PII will be used in a manner different from that stated at the time of collection, users will be given the option to continue to share their information consistent with the notification of changes section on this Website and/or Application(s). As a result of the business transition, you may elect to discontinue the sharing of your PII and such information will not be transferred to the new entity. However, nothing in this Privacy Policy is intended to interfere with the ability of an Phynix Rising® location to transfer all or part of its business and/or assets, for any purposes, without any limitation whatsoever. Phynix Rising® locations specifically reserve the right to transfer or share a copy of PII collected from the Website and/or Application(s) to the entity to whom that portion of its business relating to that information is transferred.

 

 

COOKIES AND OTHER TRACKING MECHANISMS:

 

 

PHYNIX RISING LLC., Phynix Rising® locations, and/or our third-party service providers use cookies and other tracking mechanisms to track information about your use of the Website and/or Service. PHYNIX RISING LLC. and/or Phynix Rising® locations may combine this information with other PII  collected from you (and third-party service providers may do so on behalf of PHYNIX RISING LLC. and/or Phynix Rising® locations).

 

Cookies:

 

Cookies are alphanumeric identifiers that PHYNIX RISING LLC. transfers to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow PHYNIX RISING LLC. to make it easier for you to navigate the Website and Service, while others are used to enable a faster log-in process or to allow PHYNIX RISING LLC. to track your activities at the Website and Service. There are two types of cookies: session and persistent cookies.

 

Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. PHYNIX RISING LLC. uses session cookies to allow its systems to uniquely identify you during a session or while you are logged into the Website. This allows PHYNIX RISING LLC. to process your online transactions and requests and verify your identity, after you have logged in, as you move through the Website.

 

Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. PHYNIX RISING LLC. uses persistent cookies to track aggregate and statistical information about user activity.

 

Disabling Cookies:

 

Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to the Website who disable cookies will be able to browse certain areas of the Website, but some features may not function.

 

Clear GIFs, pixel tags, and other technologies:

 

Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. PHYNIX RISING LLC. may use clear GIFs (a.k.a. web beacons, web bugs, or pixel tags), in connection with the Website to, among other things, track the activities of Website visitors, help PHYNIX RISING LLC. manage content, and compile statistics about Website usage. PHYNIX RISING LLC. and our third-party service providers also use clear GIFs in HTML emails to customers of  Phynix Rising®  locations to help PHYNIX RISING LLC. track email response rates, identify when emails are viewed, and track whether emails are forwarded, for example.

 

Third-Party Analytics:

 

PHYNIX RISING LLC. uses automated devices and applications, such as Google Analytics, to evaluate usage of the Website and, to the extent permitted, the Application(s). PHYNIX RISING LLC. and/or Phynix Rising® locations also may use other analytic means to evaluate the Service. PHYNIX RISING LLC. uses these tools to help it improve the Service, performance, and user experiences. These third-party entities may use cookies and other tracking technologies to perform their services. PHYNIX RISING LLC. and  Phynix Rising®  locations do not share your PII with these third parties, however.

 

Do-Not-Track:

 

Currently, the Website and Application(s) do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third-Party Ad Networks section below.

 

Third-Party Ad Networks:

 

PHYNIX RISING LLC. uses third parties, such as network advertisers, to serve advertisements on third-party websites or other media (e.g., social networking platforms). This enables PHYNIX RISING LLC. and these third parties to target advertisements to you for products offered by PHYNIX RISING LLC. and products and services offered by Phynix Rising® locations in which you might be interested. Third-party ad network providers, advertisers, sponsors, and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs, and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one.

 

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by third-party companies who are NAI members.

 

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will remove you from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through the Website or on other third-party websites. Even if you opt out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page, you may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

 

 

COMMUNICATIONS FROM THE WEBSITE AND/OR APPLICATION(S) AND YOUR CHOICES

 

 

Transactions and Service Announcements:

 

Users who make a purchase or reservation through the Website and/or Mobile Application will receive a number of emails throughout the transaction process and they may sometimes receive phone calls from PHYNIX RISING LLC.’s Customer Service Department and/or Phynix Rising® locations to ensure smooth transactions. PHYNIX RISING LLC. and/or Phynix Rising® locations may also occasionally send out service-related announcements, for instance, if service on the Website is temporarily suspended for maintenance. Generally, these communications are not promotional in nature, and users will receive them as long as their accounts are open.

 

Special Offers, Newsletters, and Updates:

 

Out of respect for the privacy of users, PHYNIX RISING LLC. and Phynix Rising® locations present the option to not receive these types of communications, as explained in the Choice and opt-out section below.

 

Choice and opt-out:

 

A user can change their opt-in or opt-out status in several ways:

 

From a Newsletter: Click on the “Unsubscribe” link within the email.

 

You may additionally unsubscribe by sending your request to privacy@phynixrising.com

 

 

SECURITY

 

 

PHYNIX RISING LLC. and Phynix Rising® locations take reasonable precautions to protect users’ information. When users submit information via the Website and/or Application(s), PHYNIX RISING LLC. and Phynix Rising® locations take steps to protect users’ information both online and off-line.

 

Although PHYNIX RISING LLC. and Phynix Rising® locations endeavor to create secure and reliable Websites and Application(s) and to safeguard against unauthorized disclosures of information, neither PHYNIX RISING LLC. nor Phynix Rising® locations can assure you that PII that PHYNIX RISING LLC. and/or  Phynix Rising® locations collect will never be disclosed in a manner that is inconsistent with this Privacy Policy. You hereby acknowledge and agree that the Phynix Rising® entities (as defined in the Terms and Conditions) are not responsible for any intercepted information sent via the internet or through the Application(s), and you hereby release the Phynix Rising® entities from any and all claims arising out of or related to the use of any intercepted information in a manner that may violate this Privacy Policy, the law, and/or your personal privacy.

 

 

USER GENERATED CONTENT

 

 

PHYNIX RISING LLC. invites you to post content on the Website, including your comments, résumé, or CV, and any other information that you would like to be available on the Website. If you post content on the Website, all of the information that you post will be available to authorized personnel of PHYNIX RISING LLC. and/or Phynix Rising® locations.

 

If you post your own content on the Website, your posting may become public and PHYNIX RISING LLC. and Phynix Rising® locations cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, and/or your personal privacy. You hereby acknowledge and agree that the Phynix Rising® entities (as defined in the Terms and Conditions) are not responsible for use of any such posted information, and you hereby release the Phynix Rising® entities from any and all claims arising out of or related to the use of any such posted information in a manner that may violate this Privacy Policy, the law, and/or your personal privacy.

 

 

EXTERNAL LINKS

 

 

The Website and/or Application(s) may contain links to other websites maintained by third parties. Please be aware that PHYNIX RISING LLC. exercises no control over linked sites and the Phynix Rising® entities (as defined in the Terms and Conditions) are not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information. You hereby acknowledge and agree that the Phynix Rising® entities (as defined in the Terms and Conditions) are not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release the Phynix Rising® entities (as defined in the Terms and Conditions) from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.

 

 

SPECIAL INFORMATION FOR CALIFORNIA CONSUMERS

 

 

California residents may request a list of certain third parties to which PHYNIX RISING LLC. has disclosed PII about you for their own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request this information in writing by contacting PHYNIX RISING LLC. at:

 

PHYNIX RISING LLC,

ATTN: GENERAL COUNSEL,

8530 1960 Rd East, Suite 211,

Humble, TX, 877346

(with a copy by email to privacy@phynixrising.com). Please allow up to thirty (30) days for a response.

 

 

CHILDREN UNDER 13

 

 

The Service is not designed for children under 13. If PHYNIX RISING LLC. and/or an Phynix Rising® location discovers that a child under 13 has provided PII to PHYNIX RISING LLC. and/or an Phynix Rising® location, PHYNIX RISING LLC. and/or the Phynix Rising® location will delete such information from its/their systems.

I

f you discover that your child who is under 13 has provided PII through the Website and/or Application(s) and you wish that such PII be deleted, please contact us via Postal Mail at:

PHYNIX RISING LLC,

ATTN: GENERAL COUNSEL,

8530 1960 Rd East, Suite 211,

Humble, TX, 877346

or by email at privacy@phynixrising.com.

 

You hereby acknowledge and agree that the Phynix Rising® entities (as defined in the Terms and Conditions) are not responsible for any PII provided by a child under 13 sent via the Website or through the Application(s) without the Phynix Rising® entities’ (as defined in the Terms and Conditions) knowledge, and you hereby release the Phynix Rising® entities (as defined in the Terms and Conditions) from any and all claims arising out of or related to the use of any such information in a manner that may violate this Privacy Policy, the law, and/or your personal privacy.

 

CONTACT US

Users with questions or concerns regarding their privacy or this Privacy Policy should contact Privacy Statement Personnel via Postal Mail at:

PHYNIX RISING LLC,

ATTN: GENERAL COUNSEL,

8530 1960 Rd East, Suite 211,

Humble, TX, 877346

or by email at privacy@phynixrising.com.

 

 

CHANGES IN THIS PRIVACY POLICY

 

 

If PHYNIX RISING LLC. decides to change this Privacy Policy, PHYNIX RISING LLC. will post those changes to this page on the Website and other places PHYNIX RISING LLC. deems appropriate so that you are aware of what information PHYNIX RISING LLC. and/or Phynix Rising® locations collect, how it is used, and under what circumstances, if any, it is disclosed or shared.

 

PHYNIX RISING LLC. reserves the right to modify this Privacy Policy at any time, so please review it frequently. If PHYNIX RISING LLC. makes material changes to this Policy, PHYNIX RISING LLC. will notify you here, by email at the most recent email address, if any, you provided to us, or by means of a notice on the Website and/or Application(s).