Privacy policy

Functional Patterns, LLC and its subsidiaries or affiliates in the United States and around the world (collectively known as “Functional Patterns” or “We”) are committed to protecting your privacy information. This Privacy Policy (the “Policy”) describes the types of information we may collect from you or that you may provide when you visit our website, our mobile application or use the Services described below. This Policy also describes our procedures for the collection, use, transfer, and disposition of your information shared when you use the Services described below.
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Please note that, depending on where you live, certain parts of this Policy may or may not apply to you. This is particularly relevant to residents in California, the European Union and the UnitedKingdom; all such sections are identified in this Policy.
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Our Services

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Our website(s) and mobile app(s), as well as the products or services offered through such platforms or at our events or in-person training classes or courses are collectively referred to in the Policy as the “Services”.
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Your Personal Data

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When we refer to “you” or “your” in this Policy we mean any individual who is a visitor or unregistered guest of any of our Services, who interacts or uses Services, attends any of our digital or in-person events, who holds an account or creates a profile for any Services offered by Functional Patterns or uses them, who receives any survey, questionnaire, application, or other form of Personal Data request from Functional Patterns via email or any other way, or any individual who comments on, reviews, or who otherwise posts any content generated by the individual on any of our Services (or Functional Patterns’ social media networks which then may
be shared with or accessed by the Services).

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“Personal Data” as used in the Policy means information that can be used to identify you, directly or indirectly, alone or together with other information. This includes things such as your full name, email address, mailing address, phone number, precise geographic, certain cookie and network identifiers, your user ID and password personal to your customer billing information, and any other data including fitness progress tracking data, as it relates to the use of our Services.

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We may also create anonymous data from Personal Data by excluding personally identifiable data components (such as your name, email address, telephone number, or IDs) that makes the data personally identifiable to you, through one or more secure methods of data anonymization. Our use of anonymized data is not subject to this Policy.

We encourage you to read this Policy, as well as our Terms of Use (link) so that you understand our commitment to responsible and secure data collection, storage, transfer, and deletion practices.

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RESIDENTS OF COUNTRIES OTHER THAN THE UNITED KINGDOM OR THE EUROPEAN UNION: BY USING OUR SERVICES, WHERE YOU ARE RESIDENT IN A COUNTRY OTHER THAN WITHIN THE EUROPEAN UNION OR THE UK, YOU CONSENT TO THE COLLECTION, USE, AND TRANSFER OF YOUR PERSONAL DATA FOR PROCESSING AS PROVIDED FOR IN THIS POLICY.
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RESIDENTS OF THE EUROPEAN UNION OR UNITED KINGDOM: PLEASE SEE THE RELEVANT SECTIONS IDENTIFIED IN THIS POLICY
FOR AN EXPLANATION OF THE LEGAL BASES ON WHICH WE RELY TO PROCESS YOUR PERSONAL DATA.

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Collection of your Personal Information

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In order to better provide you with products and services offered, Functional Patterns, may collect “personally identifiable information” or “PII”, such as your first and last name; mailing address; e-address, and any profile you might have on our app or social media platforms. If you purchase Functional Patterns’ products and services, we also collect billing and credit card information, however your credit card information will not be shared with any third parties. Personal information does not include publicly available information from government records, or deidentified or aggregated consumer information.
 
We do not collect any of your PII unless you voluntarily provide it to us. However, you may be required to provide certain PII to us when you elect to use certain products or services. These may include: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. We may use your information for purposes including, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information provided by you in the future.

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In particular, Function Patterns has collected the following categories of personal information from consumers within the last twelve (12) months:

How We Use Your Personal Information 

Functional Patterns collects and uses your PII to operate and deliver the services you have requested. Functional Patterns may also use your PII to inform you of other products or services available from Functional Patterns and its partners and affiliates. Generally, we may use your PII for the following purposes:

• To provide you with our Services
• To communicate with you
• To send you marketing
• For analytics, research and product and Service improvement purposes
• For quality assurance and training purposes
• For personalisation and advertising
• To ensure the security and integrity of our Services
• To comply with any applicable law and/or regulations
• For any other lawful business purpose

In the past twelve (12) months, Functional Patterns has sold the following categories of personal information:

*Functional patterns may use images and videos for marketing and advertising purposes only after receiving explicit written consent from its clients to do so. 

Sharing of Your Personal Information 

Functional Patterns does not sell, rent or lease its customer lists to third parties. However, Functional Patterns may share your personal data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries, subject to potential opt-out rights as described below. All such third parties are prohibited from using your personal data except to provide these services to Functional Patterns, and they are required to maintain the confidentiality of your information. 

Functional Patterns may disclose your PII, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Functional Patterns or the sites; (b) protect and defend the rights or property of Functional Patterns; and/or (c) act under exigent circumstances to protect the personal safety of users of Functional Patterns, or the public. Furthermore, we may disclose your personal information to the following categories of recipients:

Functional Patterns Group Companies & Entities. We may share your personal information with other Functional Patterns related companies and our group, through an intra-group data transfer agreement, for purposes consistent with this Privacy Policy and in accordance with U.S., European Union, United Kingdom and protection laws.

Service Providers & Partners. We may share your personal information with our third party service providers (such as those who provide IT, analytics, payment processing, and customer sales, cloud storage providers, technical support or delivery services), third party business partners who otherwise process personal information for purposes that are described in this Policy (such as advertising and marketing partners, research partners, consultants) or who are otherwise disclosed to you when we collect your personal information (such as financing partners if you select this option during the checkout process). 

Competent Law Enforcement Bodies, Regulators, Government Agencies, Courts or other Third Parties. We may share your personal information, including CCTV images, with competent law enforcement bodies, regulators, our insurers, external legal advisors, government agencies, courts or other third parties where we believe disclosure is necessary: (i) to comply with applicable law; (ii) to exercise, establish or defend our legal rights (including to collect amounts owed to Functional Patterns); (iii) to protect your rights or vital interests or those or any other person; or (iv) to detect, prevent or otherwise address security, fraud or technical issues.

Potential Buyers. We may share your personal information with actual or potential buyers (and their agents and advisors) in connection with any actual or proposed purchase, merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of company assets or transition of service to another provider, provided that we inform the buyer or transferee that it must use your personal information only for the purposes disclosed in this Privacy Policy.  

Tracking User Behavior 

Functional Patterns may keep track of the websites and pages our users visit within Functional Patterns, in order to determine what Functional Patterns services are the most popular. This data is used to deliver customized content and advertising within Functional Patterns to customers whose behavior indicates that they are interested in a particular subject area. 

Automatically Collected Information 

Information about your computer hardware and software may be automatically collected by Functional Patterns. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Functional Patterns’ websites. 

Use of Cookies 

Functional Patterns’ websites may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.   

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Functional Patterns’ pages, or register with Functional Patterns’ sites or services, a cookie helps Functional Patterns to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Functional Patterns website, the information you previously provided can be retrieved, so you can easily use the Functional Patterns features that you customized. 

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of Functional Patterns services or websites you visit. 

Links 

Our website(s) may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information. 

E-mail Communications 

From time to time, Functional Patterns may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our Services, we may receive a notification when you open an email from Functional Patterns or click on a link therein. 

If you would like to stop receiving marketing or promotional communications via email from Functional Patterns, you may opt out of such communications by clicking on the “unsubscribe” button at the bottom of the email.

Right to Deletion 

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: 

• Delete your personal information from our records; and 

• Direct any service providers to delete your personal information from their records. 

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Please note that we may not be able to comply with requests to delete your personal information if it is necessary to: 

• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and 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; 

• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; 

• Comply with the California Electronic Communications Privacy Act; 

• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent; 

• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; 

• Comply with an existing legal obligation; or 

• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.   

Children’s Privacy

We do not knowingly collect personal information directly from children who do not meet the minimum age requirement applicable in your jurisdiction. In certain limited cases where we agree to use personal data or images of minors in outreach and marketing our products or services, will do so with signed written parental consent.

If you become aware that a minor has improperly provided us with personal data without parental consent, please contact us at policy@functionalpatterns.com or at the mailing address provided below. If we become aware of such instances, we promptly delete the personal data without notice. 

California Residents:

Opt-Out and Opt-In Rights

If you are age 16 or older, you have the right to direct us to not sell or share your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years old, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 15 years old, or the parent or guardian of a consumer less than 13 years old. Consumers who opt-in to personal information sales may 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 email to legal@functionalpatterns.com. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time. You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Non-Discrimination

We will not discriminate against you for exercising any of your California Consumer Privacy Act (“CCPA”) rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

European Union and UK Residents:

Please be aware that in order to maintain our compliance with the GDPR Laws, we will not process the Personal Data of any child who is below the age of 16 years unless we receive the express consent of the parent or authorized guardian of the child. In order to comply with the foregoing, we will make reasonable efforts, inquiries, or other contact with you in order to verify the age of the child and the person who is properly vested with the authority to provide consent on behalf of the child. In the event we cannot verify the age of the child or the parent/guardian’s capacity to provide consent, we will not process the Personal Data of the child and cancel the applicable account without notice.

Data Retention & Storage 

We only retain the Personal Data collected from you for as long as your account is active or otherwise for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with Legal Requirements, to resolve disputes, and/or enforce our agreements. 

We reserve the right to store your data on servers provided by third party hosting vendors with whom we have contracted. We also reserve the right to make adjustments to our data retention and storage periods as a result of any orders, laws, or regulations issued by any governmental, legislative, or regulatory body with jurisdiction over us.  

Security of Your Personal Information 

We take all reasonable precautions and steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We maintain commercially reasonable administrative, technical and physical safeguards (which vary depending on the sensitivity of the personal information) designed to protect against unauthorized use, disclosure or access of personal information.

That said, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed. 

International Data Transfer

You acknowledge that all Personal Data collected via or by Functional Patterns may be transferred, processed and stored anywhere in the world, including but not limited, to the United States, Canada, the European Union, the United Kingdom, in the cloud, on our servers, on the servers of our affiliates or on the servers of our service providers. Your Personal Data may be accessible to law enforcement or other authorities as required by applicable laws, rules or regulations. You agree that any disputes arising in connection with this Policy will be handled in accordance with the dispute resolution provision in our Terms of Use (link). 

How to Contact Us 

If you have any questions about our privacy practices or this Privacy Policy, you can contact us via email or at the address below: 

 

Email Address: legal@functionalpatterns.com

Physical Address:

Functional Patterns, LLC 

Mailbox #14

Henderson, Nevada 89074 

  

You can also complain to a data protection authority about our collection and use of your personal information if you feel that Functional Patterns has not acted in accordance with applicable laws. For more information, please contact your local data protection authority.

Updates to our Policy

We may update our Privacy Policy from time to time. When we do, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws. Your continued use of the website and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy. You can see when this Privacy Policy was last updated by checking the "last updated" date displayed at the bottom of this notice.

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Last Updated February 1, 2023 

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