Privacy Policy

Hello PhysioTru Customer,

Your data privacy and security are important to us.

CCPA updates

Effective on January 1, 2020, the California Consumer Privacy Act (CCPA) is a new data privacy law that applies to certain businesses which collect personal information from California residents.

We hope you'll find these updates improve your PHYSIOTRU experience and reinforce our commitment to your data privacy and security.

PRIVACY POLICY

EFFECTIVE DATE: AUGUST 5, 2020

PhysioTru, a Florida corporation, is engaged in the business of selling its products and other services over the Internet through its web site, and web sites operated by its active affiliates. As used in this Privacy Policy, the term “Web Site” refers to any web site where this Privacy Policy is posted.

When you access or use this Web Site, PhysioTru may collect personally identifiable information from you, such as your first name, last name, address, telephone number, email address, credit card number and billing information, and any other information that may identify you (“Personal Information,” as further described below). This Privacy Policy describes the Personal Information we may obtain from you, how we may use or share your Personal Information, and how you can control our collection and use of such Personal Information.

By accessing, using, or providing Personal Information to us through this Web Site, you agree, without limitation or qualification, to be bound by the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, do not access or use this Web Site or provide Personal Information to us through this Web Site.

We reserve the right, in our sole discretion, to modify this Privacy Policy at any time. If we decide to change this Privacy Policy, we will post those changes on our Web Site and update the “Effective Date” at the top of this Privacy Policy so that you can always find out what information we gather, and how we might use that information. We encourage you to periodically review our Privacy Policy to stay informed about how we are using the Personal Information we collect. Your continued use of this Web Site after any changes have been posted constitutes your agreement to the changes.

Who May Use the Web Site

The Web Site is not intended or designed to attract users under the age of 18. We do not collect Personal Information from any person we know to be under the age of 18. If you are under 18, we ask that you do not use the Web Site and do not send us any Personal Information.

Collection of Personal Information

The Web Site collects Personal Information directly from you when you provide it to us. The types of Personal Information we may collect include, without limitation, first and last name, age, street address, city and state, email address, telephone number, gender, birth date, credit card account and billing information, and any other information that may identify you. Examples of areas of the Web Site where we may collect Personal Information include when you make a purchase, or when you register to be added to our mailing list or text list, or participate in a voluntary survey, sweepstakes, or contest.

Account registration is an optional service provided by our Web Site. You do not have to register to browse our Web Site, but you do have to register to purchase products on our Web Site. When you register, you may be asked for information such as your name, address, phone number, email address, a password that you select, and your interests, if you choose to register them. We strongly recommend that you do not disclose your password to anyone. PhysioTru will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls or email messages). Your registration information may be used to help make your online shopping quicker and easier, by pre-filling certain parts of your shopping information on the Web Site. When you register, you will have the opportunity to sign up for future marketing information from PhysioTru.

You may also elect to register to be added to our mailing list or text list. In connection with your registration to be added to our mailing list, if you request to unsubscribe from receiving additional email communications from us, we add your email address to our suppression file, to comply with CAN-SPAM. In connection with your registration to be added to our text list, if you request to opt-out, we will add your telephone information to our do-not-call list.

When you purchase PhysioTru products from our Web Site, you must submit payment information, including without limitation your credit or debit card number and expiration date, as well as your zip code. Such information may be recorded by PhysioTru to process, fulfill, and ship your orders. In addition, when you return previously purchased products or request a refund or exchange, you may be asked to give your name, address, driver’s license number, and other identifiable information. PhysioTru collects this information to help prevent fraud and identity theft.

If you contact or otherwise submit a request through the Web Site, or any employee of PhysioTru, or any affiliate of PhysioTru, a record of that correspondence may be kept, which includes any Personal Information that you submit.

PhysioTru may also collect information related to your usage of the Web Site such as time spent on the Web Site, areas visited, sites linked to and from the Web Site, and other such information.

Cookies and Tracking Pixels on our Web Site: Please be advised that the Web Site may use cookies, tags, web beacons, and tracking pixels. Cookies are small pieces of information stored by your browser on your computer’s hard drive (if your web browser permits) that can later be retrieved to identify you by the Web Site. Cookies help in Web Site administration and to recorded visitors’ preferences and session information. Tracking pixels (also known as web beacons, 1x1 pixels, or clear GIFs) are code requiring a call back to a server to render, and which deliver information to us about your IP address and information from your browser. Cookies and tracking pixels are used to track your interaction with the Web Site, including clicks. Cookies and tracking pixels may collect information about you, such as your IP address, your browser type and version, operating system, software and platform, your Internet service provider, geographic location, the area code and zip code associated with your server, time zone setting, the date and time of your visit, the time spent on the Web Site, referring and exit domain names and websites, screen resolutions, color capabilities, browser plug-ins, language settings, cookie preferences, search engine keywords, and clickstream data. Most web browsers automatically accept cookies, but you can usually change your browser settings to choose the cookies you want to accept or disable them altogether. You can instruct your web browser to refuse all cookies or to indicate when a cookie is being sent, by visiting the preferences or settings page of your web browser. In the event that your web browser requests that we do not track you or store a cookie, unless otherwise required by law to honor the requests, we do not guarantee that the Web Site will honor such requests. Please note that we do not guarantee that the Web Site will work properly in the event that you elect to opt out of our tracking or use of cookies. If you disable cookies, you may be unable to use some features of the Web Site.

Cookies and Tracking Pixels in Our Emails: Apart from use of the above technologies on our Web Site, we automatically collect information when an individual opens an email promoting the Web Site or the PhysioTru products, through the use of cookies and tracking pixels. We also automatically collect information on whether the individual clicked on any links within such emails.

To the extent that you click on a particular link (including any third party links) featured on the Web Site or in any email communication or newsletter promoting the Web Site or the PhysioTru products, we collect information on whether you responded to the link, and which link you clicked.

From Third Parties: In addition to collecting personal information through the Web Site, we also collect personal information through third party advertising networks, data analytics providers, and social networks.

Security of Personal Information

We maintain reasonable administrative, technical and physical safeguards to help protect against unauthorized access, use, modification and disclosure of Personal Information in our custody and control. Where possible, will ask that any third parties to whom we may transfer such information take comparable steps to protect that information. However, even with the best technology, no data transmission over the Internet or any wireless network is 100% secure. As a result, while we strive to protect your Personal Information, there are security and privacy limitations of the Internet which are beyond our control, and we cannot absolutely guarantee the security, integrity, and privacy of any and all information exchanged between you and us through this Web Site. We make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to or use of your Personal Information.

Usage and Disclosure of Personal Information

We may use your Personal Information for record keeping purposes, to improve the content of our site, to customize the Web Site to your preferences, to communicate information to you (if you have requested it), Web Site management, fulfillment of requested purchase orders, and marketing and research purposes.

PhysioTru uses Personal Information to continually assess and improve the products and services we offer. To serve you better, we may combine the Personal Information that you give us with publicly available information and information we receive from or cross-reference with our marketing partners and others. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you about our products and events that may be of interest to you, and for other promotional purposes.

PhysioTru will not disclose Personal Information collected from users of the Web Site to third parties, except as provided in this section or elsewhere in this Privacy Policy. PhysioTru may share your personal information in all of the above categories internally, as well as externally with third party email marketers, advertising networks, email service providers, payment processors, and data analytics providers.

PhysioTru affiliates: PhysioTru may disclose Personal Information to our subsidiaries, affiliates, joint venturers, other companies under common control (collectively, “affiliates”), in which case we will require these affiliates to honor this Privacy Policy; in connection with the sale, assignment, or other transfer of our company or our assets; to protect the company’s rights or property (including without limitation, in the event of a transfer of control of the company or substantially all of its assets; or during an emergency when safety is at risk.

Third party service providers, payment processors, and data analytics providers: PhysioTru may hire third parties to review certain Personal Information to advise it on demographic and marketing related issues, but only after such third parties have agreed to maintain the confidentiality, security, and integrity of any Personal Information contained in accordance with the terms and conditions of this Privacy Policy.

Some of our operations, such as our electronic commerce functions, may be managed by third party service providers who are unaffiliated companies. These companies may share Personal Information with their affiliates and with service providers whom they engage to perform services related to our Web Site or the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Web Site evaluation, data analysis and, where applicable, data cleansing. These companies may have access to your Personal Information on a confidential basis only to the extent necessary to perform their functions. In no event will we authorize these companies to use your Personal Information for any reason other than to provide you with those specific services. If your purchases are being shipped to you, your shipping information will be shared with our delivery service providers (U.S. Postal Service, UPS, or other delivery companies we or you select). Our delivery service providers are asked not to use your Personal Information for any purpose other than making the delivery.

Third party email marketers, advertising networks, and email service providers: We would like to inform you of products and services, sales and special offers that might benefit you. When you register online or participate in a survey, you will have the opportunity to sign up for e-mails about our products, services, sales and special offers. We may also send you mail, email or call you with information about our product and service offerings if you have provided us with your name and address, email address or phone numbers. If you would like to stop receiving such promotional information from PhysioTru, please see the "Change of Privacy Settings/Right to Unsubscribe" section of this Privacy Policy.

We enter into marketing relationships with third party email marketers and advertising networks to assist us with marketing products or services that we believe may be of interest to our customers. We will not disclose your credit card account information for third party marketing purposes. We may use third-party email marketers and advertising networks to serve ads when you visit our Web Site. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other web sites in order to provide advertisements about goods and services of interest to you.

As legally required: If PhysioTru or any of our service providers are requested by law enforcement officials or judicial authorities to provide Personal Information on individual users, PhysioTru or the applicable service provider may, without your consent, provide such information. In matters involving claims of personal or public safety, PhysioTru or the applicable service provider may provide your Personal Information to appropriate authorities without your consent or court process. PhysioTru or our service providers also will provide your Personal Information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or in litigation involving PhysioTru, the applicable service provider, or otherwise as required by law. We may also disclose Personal Information to assist in debt collection when you owe a debt to us.

TCPA Consent

This Site is compliant with the Telephone Consumer Protection Act as implemented by the Federal Communications Commission. By providing your phone number and checking the applicable box on the Web Site to agree to the terms and/or texting to opt-in, you agree by electronic signature to the Terms and Conditions (including the arbitration provision and the E-SIGN consent) and this Privacy Policy and authorize PhysioTru and its marketing partners to contact you by email and at the phone number you entered using technology including recurring auto-dialers, pre-recorded messages, and text messages, even if your phone is a mobile number or is currently listed on any state, federal, or corporate "Do Not Call" list. You understand that your telephone company may impose charges on you for these contacts, and that you can revoke this consent at any time. For SMS campaigns Text STOP to cancel and HELP for help. Message and data rates may apply. You are not required to give your consent as a condition of service, and may call us 1-888-332-9372 to place an order. By clicking the “Submit!” button and submitting this form, I affirm that I have read and agree to this Site’s Terms and Conditions (including the arbitration provision and the E-SIGN consent) and Privacy Policy. To revoke your consent to receive additional telephone calls, you may contact us at 1-888-332-9372. To opt-out of receiving text messages, you may text STOP to cancel.

Application of United States Law

The Web Site is intended for users from the United States. Users from the European Union are advised not to disclose Personal Information to this Web Site or PhysioTru. Information sent to us will be housed on servers located in the United States. Do not send us information unless you consent to the application of U.S law and to the use, processing, transfer, and disclosure of your information consistent with this Privacy Policy.

Change of Privacy Settings/Right to Unsubscribe

You may change your marketing preferences or remove yourself from our email mailing list by clicking on an "unsubscribe" hyperlink contained in promotional emails we send you or by contacting us at: PhysioTru, 218 E. Bearss Ave., Ste. 203, Tampa, FL 33613.

LEGAL RIGHTS AVAILABLE TO CALIFORNIA RESIDENTS TO HELP MANAGE YOUR PRIVACY

California residents, under the meaning of Section 17014 of Title 18 of the Cal. Code of Regulations, have specific rights regarding their Personal Information. This section describes those rights and how to exercise them.

What Personal Information Do We Collect?

We collect, and have collected Personal Information about our visitors within the preceding 12 months in the following categories, and for the following business or commercial purposes:

Categories of Personal Information Business or Commercial Purpose for Which Each Category Will be Used
Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers), or information that identifies, relates to, describes, or is capable of being associated with, a particular individual Provide you with the ability to access and interact with the Web Site; Track Web Site access and interaction; Fulfill requests submitted through the Web Site and communicate with you; Process, fulfill, and ship orders submitted through the Web Site (incl. processing transactions and processing payments); Personalize and improve the Web Site; Advertising/marketing; Internal database and research; Analytics; Connect you with the particular products featured on the Web Site; Detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activity; Debug to identify and repair errors that affect functionality of the Web Site; Customer service; Tracking consumer interaction with the Site (counting ad impressions, verifying positioning and quality of ad impressions, etc.); and Legal compliance
Commercial information (e.g., records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies) Provide you with the ability to access and interact with the Web Site; Track Web Site access and interaction; Fulfill requests submitted through the Web Site and communicate with you; Process, fulfill, and ship orders submitted through the Web Site (incl. processing transactions and processing payments); Personalize and improve the Web Site; Advertising/marketing; Internal database and research; Analytics; Connect you with the particular products featured on the Web Site; Detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activity; Debug to identify and repair errors that affect functionality of the Web Site; Customer service; Tracking consumer interaction with the Site (counting ad impressions, verifying positioning and quality of ad impressions, etc.); and Legal compliance
Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with a website, application, or advertisement) Provide you with the ability to access and interact with the Web Site; Track Web Site access and interaction; Fulfill requests submitted through the Web Site and communicate with you; Process, fulfill, and ship orders submitted through the Web Site (incl. processing transactions and processing payments); Personalize and improve the Web Site; Advertising/marketing; Internal database and research; Analytics; Connect you with the particular products featured on the Web Site; Detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activity; Debug to identify and repair errors that affect functionality of the Web Site; Customer service; Tracking consumer interaction with the Site (counting ad impressions, verifying positioning and quality of ad impressions, etc.); and Legal compliance
Geolocation data Provide you with the ability to access and interact with the Web Site; Track Web Site access and interaction; Fulfill requests submitted through the Web Site and communicate with you; Process, fulfill, and ship orders submitted through the Web Site (incl. processing transactions and processing payments); Personalize and improve the Web Site; Advertising/marketing; Internal database and research; Analytics; Connect you with the particular products featured on the Web Site; Detect security incidents, and protect against malicious, deceptive, fraudulent, or illegal activity; Debug to identify and repair errors that affect functionality of the Web Site; Customer service; Tracking consumer interaction with the Site (counting ad impressions, verifying positioning and quality of ad impressions, etc.); and Legal compliance

We collect, use, and are responsible for certain Personal Information about you, that identifies, relates to, describes, is reasonably capable of being associated with you, or that which could reasonably be linked, directly or indirectly, with a particular consumer or household. Additional information about our collection of information through the Site can be found under the “Collection of Personal Information” and “Usage and Disclosure of Personal Information” headings above.

Regarding the categories of sources from which Personal Information is collected, in addition to collecting Personal Information through the Site in all of the above categories, we may also collect Personal Information in all of the above categories through third party advertising networks, data analytics providers, and social networks.

What Personal Information Do We Disclose?

Within the preceding 12 months, we have disclosed Personal Information in all of the above categories to the categories third parties identified under the “Usage and Disclosure of Personal Information” heading above. In addition, we may disclose your Personal Information in any of the above categories if legally required to do so, in our sole discretion, pursuant to a request from a governmental entity, or if we believe in good faith that such action is necessary to (a) conform to legal requirements or comply with legal process; (b) protect our rights or property, or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.

What Personal Information Do We Sell?

Under the definitions of “Sell” and “Sale” in the CCPA, we do not sell your Personal Information. However, in the event that we, or substantially all of our assets, are acquired, Personal Information in all of the above categories may be included within the transferred assets. Further, in the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver or administrative receiver may sell, license or otherwise dispose of, such Personal Information in all of the above categories in a transaction approved by the court.

We do not have any actual knowledge of the sale of Personal Information of minors under 16 years of age. There are no financial incentives to disclose.

Right to Know About Personal Information Collected, Disclosed, or Sold

Under the California Consumer Privacy Act of 2018 (“CCPA”), up to twice in a twelve (12) month period, a California resident has the right to request, subject to verification of your identity, that we disclose to you what Personal Information we have collected, used, disclosed, or sold over the past 12 months

A “request to know” is a request related to the Personal Information that a business has about such consumer. It may include a request for any or all of the following from us:

  1. specific pieces of Personal Information that we have collected about you;
  2. categories of Personal Information that we have collected about you;
  3. categories of sources from which the Personal Information was collected;
  4. categories of Personal Information that we have sold or disclosed for a business purpose about you;
  5. categories of third parties to whom the Personal Information was sold or disclosed for a business purpose; and
  6. the business or commercial purpose for collecting or selling Personal Information.

To submit a request to know, please submit your request to us via email to: privacy@physiotru.com. Please specify in your email communication that you are making a “request to know” under the CCPA. To process your request, we may require that you submit the following information in conjunction with your request: your name, a California address, and email address. The information which you provide will be used to verify your request and to attempt to identify you within our data records. If you elect to use an authorized agent to exercise your right to submit a request for information, we may require the following before processing the request: 1) provide proof of your written and signed permission with the authorized agent to act on your behalf; 2) directly verify your own identity with us; and 3) directly confirm with us that you provided the authorized agent permission to submit the request on your behalf. The information which you submit in conjunction with your request to know will be used for the express purposes of verification and providing you with responsive information to your request, if required.

We will confirm receipt of your request within 10 days and attempt to respond to requests to know within 45 days. We will also let you know if we are not able to verify your identify based on the information you have provided.

Right to Request Deletion of Personal Information:

You have the right to request, subject to our verification of your identity, that we delete the Personal Information that we have collected or maintain about you, subject to certain exceptions.  To submit a verifiable request to delete, please submit your request to us via email to: privacy@physiotru.com , or via mail to PhysioTru, 218 E. Bearss Avenue Ste. 203, Tampa, FL 33613, United States. Please specify in your email communication that you are making a “request to delete” under the CCPA. To process your request, we may require that you submit the following information in conjunction with your request: your name, a California address, email address, and phone number. The information which you provide will be used to verify your request and to attempt to identify you within our data records. If you elect to use an authorized agent to exercise your right to submit a request for deletion, we may require the following before processing the request: 1) provide proof of your written and signed permission with the authorized agent to act on your behalf; 2) directly verify your own identity with us; and 3) directly confirm with us that you provided the authorized agent permission to submit the request on your behalf. The information which you submit in conjunction with your request to delete will be used for the express purposes of verification and fulfilling your request, if required.

To the extent that your Personal Information is necessary for us to maintain for a reason delineated in Cal. Civ. Code § 1798.105(d), including but not limited to complete a transaction for which the Personal Information was collected, provide a good or service you have requested, detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, debug, etc., or to comply with a legal obligation, we are not required to comply with your request for deletion. For instance, we are not required to delete Personal Information which is necessary to maintain suppression files for those individuals who have opted out of receiving email marketing from us. If we are unable to verify your request, we will notify you as well.

We will confirm receipt of your request within 10 days and attempt to respond to requests to delete within 45 days. We will also let you know if we are not able to verify your identify based on the information you have provided.

Right to Non-Discrimination for the Exercise of Your Privacy Rights:

California affords consumers with the right not to receive discriminatory treatment by a business for the exercise of their privacy rights conferred by the CCPA. This means that you cannot be denied goods or services; be charged different prices or rates; be provided with a different level or quality of goods or services; or have it suggested that you will receive a different price or rate or different level or quality of goods or services. However, a business may offer a financial incentive or price or service difference if it is reasonably related to the value of the consumer’s data. A business shall notify consumers of any financial incentive or price or service difference.

California “Shine the Light” Inquiries

Section 1798.83 of the California Civil Code permits California residents who have provided their Personal Information to us to request data regarding our disclosure of their information to third parties for direct marketing purposes (information about third parties with whom we have shared Personal Information about you or your family for direct marketing purposes during the previous calendar year, and a description of the categories of Personal Information shared). In the event you wish to contact us regarding the foregoing, please refer to the instructions below. Please specify in your communication that you are making a “California Shine the Light” inquiry.

Individuals who reside in California and have provided their Personal Information may request information regarding disclosures of this information to third parties for direct marketing purposes. Such requests may be submitted to us by email at privacy@physiotru.com or at the following mailing address: PhysioTru, 218 E. Bearss Avenue Ste. 203, Tampa, FL 33613, United States. Please outline in your letter or email that you are making a “California Shine the Light” inquiry. We will respond to your inquiry within 30 days. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address.

Secure Shopping

When you place orders on our Web Site, all your order information, including your credit card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes your browser to encrypt your order information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our Sites from capturing and viewing your Personal Information. Since any order information you provide to us on our Web Site will be transmitted using a secure connection, if your web browser cannot support this level of security, you will not be able to order products through our Web Site. The most recent versions of commonly used Internet browsers can usually support a secure connection and can be downloaded for free from the web sites for those browsers.

Our Privacy Policy and Outside Links

This Privacy Policy only applies to our Web Sites. Our Web Sites may include links to the web sites of our business partners, vendors, advertisers and other outside parties. These other sites are outside of our control. Please be aware that these websites may collect information about you and operate according to their own privacy practices which may differ from those contained in our Privacy Policy. Please read carefully that website's own privacy policy, as once you are leave our Web Site, any information you submit is no longer in our control.

We may update this Policy from time to time. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact Us

PhysioTru regularly reviews its policies, procedures and practices regarding Personal Information and this Policy. If you have any questions, concerns or complaints regarding our compliance with this Policy, the information we hold about you or if you wish to exercise your rights, we encourage you to first contact us. We will investigate and attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by data protection laws. Further, if you have a disability which interferes with your ability to access this policy, accommodations can be made to present the policy in an alternative format, to assist you. If you would like to receive this information in another format that is accessible to your needs (for example: audio, large print, etc.) please email us at customercare@physiotru.com.

Last Updated: August 5, 2020

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