Toned Yoga, LLC

Privacy Policy and Notice

READ CAREFULLY – THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS

Last Updated: April 2023

This Privacy Policy and Notice (we refer to it as our “Privacy Notice”) describes how Toned Yoga, LLC (“Toned Yoga” or “we” or “us” ) collects, uses, shares, and protects information about you when you (1) visit us at https://www.tonedyogacom (the “Website”); (2) communicate with us or the Website via email, text message, and other electronic messages; and (3) interact with us offline, such as on the telephone, in writing or in-person. We adopt this Privacy Notice to fulfill our commitment to you and comply with legal obligations as we process personal information, described below, in order to fulfill our service commitment to you.

This Privacy Notice does not apply to information collected or used by any third party or affiliate, including those that may link to or can be accessible via the Website. Please review their policies. Toned Yoga is not responsible for the content or the privacy policies or practices of third-parties, their Websites or their apps.

Before accessing, using, or interacting with the Website you should carefully review this Privacy Notice. We may change our Privacy Notice and Terms of Service from time to time and encourage you to review them whenever you interact with us.

User Consent: By choosing to interact with Toned Yoga, including through our Website, platforms, applications, products, services and events, and by communicating with us via email, telephone or in person, you consent to the collection and use of information as described in this Privacy Notice and you represent that you are at least 18 years old. If you are under the age of 18 or you do not consent to the collection, use and/or disclosure of your personal information as set forth in this Privacy Notice, please exit and do not use our Website or other services.

• What Personal Information Does Toned Yoga Collect?

• How Does Toned Yoga Use Information About Me?

• Does Toned Yoga Share the Information It Receives About Me?

• What Choices Do I Have?

• Changes to Our Privacy Notice

• Contact for More Information

What Personal Information Does Toned Yoga Collect?

Toned Yoga collects your information, as described herein, with the assistance of a third-party, service provider, Mariana Tek, an entity we have engaged to maintain our Website and the associated offerings on our Website, including the user accounts our clients establish and to support us in other ways, including to collect and store the information furnished by our clients and users, to support the usage of the personal information for our legitimate business purposes outlined in this Privacy Notice and to securely store the information you share. You can read more about Mariana Tek’s privacy and security on the company’s website at: https://marianatek.com/privacy.

Here is what we may collect from you:

• When you create an account (a “Toned Yoga Account”), we may collect your name, email, address, month and date of birth, phone numbers, username and password

• When you e-mail us, sign up for notifications, subscribe to our newsletters or mailing lists, we may or our service provider may collect your name and email

• When you make a purchase of clothing, accessories or other amenities for your Toned Yoga experience, Mariana Tek may collect and store information on the items purchased, your payment method and information, billing and shipping information, name, telephone number and email

Our service provider, Mariana Tek, may also receive and store certain types of information automatically when you interact with us online or with the Website. For example, it may collect:

• Cookies (small bits of information that are stored on your hard drive or in connection with your Internet browser), web beacons (small images embedded into websites or emails that send information about your computer, tablet, phone, or other device), links, and other tracking technologies to gather Information regarding your use and interaction with the Website and certain other online activities (including sites you visit, your browser type, operating system, and interactions with our content and emails)

• Data and Mobile Analytics to collect information about your website usage, performance data, app errors, and debugging information from where the Website was downloaded

• Log File Information to learn your IP address, browser type, access times, domain names, operating system, the referring web page(s), pages visited, location, mobile carrier, device information (including IDs), search terms, and cookie information

We also use Google Analytics (https://policies.google.com/technologies/partner-sites), who may track the number of visitors to our Website and provides us information regarding your browsing activities and interests

Toned Yoga also learns about you through information you make publicly available, such as on a social network or social media platforms. Please note, any content or information you share with or provide to third parties regarding Toned Yoga, your communications with Toned Yoga, or using or related to the Website may not be private or confidential and is not the responsibility of Toned Yoga

How Does Toned Yoga Use Information About Me?

Toned Yoga does not directly use or process your information. However, our third-party provider may use and process information about you for one or more of our legitimate business purposes. For example, Toned Yoga and/or our Service Providers may use your information to:

• Fulfill or meet the reason your information was collected or provided

• Deliver communications, information or services, and promotions

• Allow you to participate in interactive features on our Website and on your personal account with Toned Yoga

• Provide support to you and other users

• Present, optimize, and maintain the security of our Website and their contents

• Register, maintain, and provide notifications to you about your Website Account

• Detect and prevent fraud or other crimes

• Respond to law enforcement requests and as required by applicable law or court order

• Personalize your Website experience and to deliver content, product and

service offerings relevant to your interests, including targeted offers through our Website, third-party sites, and via email or text message (with your consent, where required by law)

Does Toned Yoga Share the Information It Receives About Me?

Toned Yoga does not and will not sell your personal information. We may share information about you, including personal information, with Service Providers with whom we have entered into contracts that require personal information be kept confidential and prohibit the retention, use, or disclosure of personal information for any purpose other than the services specified. Toned Yoga does not share or disclose information for commercial purposes without your consent, except as described below:

Service Providers: We employ other companies and individuals to perform functions on our behalf, including sending mail and e-mail, analyzing data (such as Google Analytics), providing marketing assessments, providing analytics information, processing payments and providing data hosting (such as Mariana Tek and as specified herein). They have access to personal information needed to perform their functions, but not for other purposes.

Lawful Requests and Safety: We release personal information when we believe it is appropriate to comply with the law, it is necessary to protect our interests, to prevent fraud or other illegal activity, and to protect the safety of any person. Nothing in this Privacy Notice is intended to limit any legal defenses or objections that you may have to a third party’s, including a government’s, request to disclose your information.

We take commercially reasonable steps to ensure that our Service Providers reasonably protect your information. If Toned Yoga becomes aware that a Service Provider is using or disclosing information improperly, we will take necessary steps to end or correct such improper use or disclosure.

While we attempt to protect the information in our possession, and account for the protection of information provided to our Security Providers through us, no security system is perfect and we cannot promise that information about you will remain secure in all circumstances. Please do your part to help us keep your information secure. You are responsible for maintaining the confidentiality of your password and Website Account(s), and for all activities that occur under your password or Website Account. Toned Yoga specifically reserves the right to terminate your access to the Website and any contract you have with Toned Yoga related to the Website in the event it learns or suspects you have disclosed your Website Account or password information to an unauthorized third party.

What Choices Do I Have?

We welcome you to contact us at tonedyoga@gmail.com regarding how we communicate with you and the information collected about you, including the use of the data, the nature and accuracy of the data, to request an update, modification, or deletion or to opt-out of certain uses of data. Under certain circumstances, you may also request to withdraw consent previously provided. We will endeavor to accommodate your request to the extent feasible and where required by law.

Changes to Our Privacy Notice

Toned Yoga may modify this Privacy Notice from time to time. The most current version of this Privacy Notice will govern our use of your information and will be located at https://www.tonedyoga.com/privacy. We will notify you of material changes to this policy by posting a notice on the Website or by emailing you at an email address associated with your Website Account, if applicable, and provide an “at a glance” overview of any changes.

Contact for More Information

Toned Yoga is located at 600 Walnut Avenue, Lake Bluff IL, 60044. Should you have any comments or questions about how we collect and use your personal information, communication can be directed to Toned Yoga’s postal address, via email to tonedyoga@gmail.com or by telephone to 847-913-6603.

Toned Yoga, LLC

Release and Waiver of Liability

READ CAREFULLY – THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS

Last Updated: April 2023

I enter this release and waiver of liability in connection with being on site at any Toned Yoga, LLC (“Toned Yoga”) event, class, or location. I agree to the following:

I agree that this release and waiver of liability applies with regard to any event, class, training or from my being on the premises of any facility or area operated by Toned Yoga. This release applies to Toned Yoga’s class offerings, training sessions, workshops, or any other fitness/wellness activity at Toned Yoga (collectively, the “Activities” or “Activity”). This release and waiver equally apply to my entering or exiting any facility operated by Toned Yoga and whether my participation in the Activities occurs at a Toned Yoga facility or at another location (in-person).

I assume all risks associated with me being on, entering, or exiting a Toned Yoga premises and with participating in any Toned Yoga Activity. Those risks include but are not limited to injuries from slipping or tripping; falling; from participating in any social event provided on-site, from equipment, the building’s structure, other individuals on-site, from any interaction with a Toned Yoga staff member or instructor; from an allergic or chemical reaction to any agent and/or cleaner on-site; or from the contraction of any illness, disease, condition, or infection. I acknowledge that these injuries could be mental, emotional, or physical and that they could be minor or significant (and could include death).

I understand that the Activities may involve the use of weights or other equipment. I represent and warrant that I am physically fit and have no medical condition or medical history which would prevent my full participation in the Activities. It is my responsibility to consult with a physician prior to and regarding my participation in Toned Yoga’s Activities. I am fully aware of the risks and hazards involved even if I take/participate in the events/classes from my home or from another non-Toned Yoga facility.

I understand that it is my responsibility to consult a physician regarding my participation in yoga, fitness training activities, workshops, classes or any exercise or nutrition programs in any way associated with Toned Yoga. I understand that if I am suffering from any medical condition, it is my responsibility to inform a Toned Yoga instructor or staff member before participating in any class or event.

I agree not to hold Toned Yoga responsible for any injury, illness, allergic reaction, or lack of results from fitness classes or diet/nutrition recommendations offered by Toned Yoga instructors, staff, representatives, or third parties affiliated with Toned Yoga whether or not the advice is provided at a Toned Yoga facility.

I understand that the Activities involve touch for the purpose of adjusting posture and that I may decline that teaching/coaching technique at any time. I understand that neither Toned Yoga nor any Toned Yoga building’s landlord or owner is responsible for any loss of personal property.

I understand that, except to request a monetary refund, I have no claim against Toned Yoga, any Toned Yoga building’s landlord, or the building’s owner by reason of their refusal to allow me to participate in any class or event at this location.

In consideration of my participation in Toned Yoga’s Activities and/or use of the Toned Yoga facilities, I understand and voluntarily accept these risks and agree to not hold Toned Yoga, its landlord, or its building’s owner liable for any injury or claim which arises from my participation in such classes, Activities, events, the use of these facilities or from any risk or situation described in this document whether related to exercise or not.

Accordingly, I do hereby forever release and discharge Toned Yoga, its building’s landlord and owner, all Toned Yoga members, executives, employees, successors and/or agents from all claims or causes of action to the fullest extent allowable by law.

In further consideration of electing to participate in these Activities and for being on these premises, I knowingly, voluntarily, and expressly waive any claim I may have against Toned Yoga, its instructors/trainers, this building’s landlord and owner, all Toned Yoga members, executives, employees, successors and/or agents for injury or damages that I may sustain from being on these premises.

The validity, enforcement, construction, and interpretation of this agreement shall be governed by Illinois law. Any action or proceeding arising in connection with this agreement and/or with the undersigned’s participation in any class or event with Toned Yoga or from being on its premises or against Toned Yoga in any respect, can only be brought in Cook County, Illinois. All parties to this agreement waive any objection to the jurisdiction of these courts whether based on convenience or otherwise.

If any portion of this release shall be deemed by a court of competent jurisdiction to be invalid for any reason, the remainder of the release shall remain in full force and effect. By signing this release, I acknowledge that I understand its contents and that this release cannot be orally modified. I voluntarily agree to the terms and conditions stated above.