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Your Privacy: Overview

This privacy policy (this “Privacy Policy”) sets out the privacy policies and practices for Freddy Spa and its subsidiaries and affiliates (collectively “Freddy”) with respect to how Freddy collects personal information. It also describes how Freddy maintains, uses, and discloses personal information. This Privacy Policy applies to information collected from you by Freddy via the www.freddy.com website; our retail stores (the “Stores”); as well as any other applications or services that display this policy (collectively, the “Services”).
This Privacy Policy also sets out how you can access certain information that Freddy may collect about you. In this Privacy Policy, “personal information” means information or opinion about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion as further defined under applicable privacy laws, including, but not limited to, Your Contacts and other personal information collected through the Services.
Please note that the Sites may contain links to other third party websites that are not controlled or operated by Freddy. This Privacy Policy does not apply to such third party websites, and Freddy is not responsible for the content of such third party websites or the privacy practices of such third parties. Therefore Freddy encourages you to request and review the privacy policies of any third parties before disclosing your personal information to such parties or when visiting such third party websites.
In accordance with item IV, art. 25, c. 6 “Transfer of personal data to third countries” of the Directive 95/46/EC, the data may be transferred to non EU countries or countries not belonging to the European Economic Area, that however grant an adequate level of protection of the personal data. In any case, the data processing will take place in accordance with the provisions of the current rules and regulations.

Consent

BY SUBMITTING PERSONAL INFORMATION TO FREDDY OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE THAT FREDDY MAY COLLECT YOUR PERSONAL INFORMATION AND YOU CONSENT TO THE USE, DISCLOSURE AND TRANSFER OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY AND AS PERMITTED OR REQUIRED BY LAW. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the purposes identified herein at any time by contacting Freddy at the address provided below. If you refuse or withdraw your consent, you acknowledge that Freddy may not be able to provide you or continue to provide you with certain services or information which may be of value to you.

Revisions to This Privacy Policy

Freddy reserves the right, in Freddy’s discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. However, Freddy will treat your continued use of the Sites and Services following such revision as your acceptance of the revised terms. All revisions will be posted to the Sites and will apply to any personal information collected on or after the date posted. Freddy will obtain the necessary consents required under applicable privacy laws if it seeks to collect, use or disclose your personal information for purposes other than those to which consent has been obtained unless otherwise required or permitted by law.
This Privacy Policy was last updated January 30, 2013.

Collection of Your Information

Freddy may collect personal information in connection with your use or purchase of Freddy’s products and services, including at the Stores, which may include information provided in connection with the following activities:

- Registering or filling in forms on the Sites or in the Stores. This includes information you may provide when you request additional information about Freddy’s products and services or sign up to receive Freddy’s e-mail newsletters or coupons.
- Completing a profile or uploading goals to the Sites.
- Purchasing any product or service from Freddy, whether at a Store or through the Site.
- Providing design or product feedback or making other submissions to Freddy.
- Requesting information or assistance from Freddy. Freddy may also keep a copy of any communications or correspondence you may send to it, including any e-mail communications.
- Participating or responding to consumer survey or requests for consumer’s opinions, concerns, and preferences regarding Freddy’s products and services.
- Participating in consumer contests, sweepstakes and other promotions.
- Using other features of the Sites or Services that may be offered from time to time, and may require such information in order to utilize the feature.

The personal information that Freddy may collect may include your name, username, password, email address, age, date of birth, gender, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, and any other personal information that you choose to include in your profile, your submissions of your goals to Freddy, or in other communications to Freddy. You represent and warrant that you have the right and authority or have obtained all necessary consents to provide any information, including any personal information of another individual, that is provided by you to Freddy.

Freddy may also collect information that may not be personal information, which may include, but is not limited to, the frequency of user visits to the Sites and Services, the routes by which users access the Sites and Services and use of any hyperlinks available on the Sites and Services. Freddy or its service providers and agents may process and use this aggregate data for various purposes including, but not limited to, analysis of this data for trends and statistics, development of the Sites and Services and the Sites’ and Services’ features and offerings, assessing patterns of use, or planning and evaluating marketing initiatives. This information is gathered by certain tools and methods such as the collection of your IP address or the use of cookies and is maintained, used and disclosed in aggregate form unless otherwise noted.

Mobile Applications

Freddy may from time to time offer users the ability to download and use mobile applications. By downloading and/or using these mobile applications, you agree to any applicable Terms of Use, which shall be provided to you when you download the mobile applications and which shall be available at any time during your use of such mobile applications, as well as to this Privacy Policy. You may be required to provide personal information in order to use the mobile application, including your first name, last name, email and password. You will have the option of providing other personal information in connection with your use of the mobile application, such as your picture, your physical location, your birthdate and your gender.

If you have provided permission through your device to allow us to collect location information, Freddy may obtain pinpointed physical location information from technologies like GPS, Wi-Fi, or cell tower proximity. You are able to withdraw your permission for Freddy to acquire pinpointed location information from your device through your device settings, although Freddy does not control this process. The mobile application may use the geo-location features of that application (GPS or network-based) to support your use of location-based tools such as locating classes, teachers and studios near you.

Some of our mobile applications allow you to connect with Facebook and import your Facebook information, such as your friends’ names, as well as your device contact list (collectively, “Your Contacts”) into the application for the purpose of allowing you to invite such persons to download the application or to invite them to participate in certain activities. If you agree to connect our mobile applications with Facebook and to share information and Your Contacts, you grant Freddy permission to access and use such information for such purposes provided in this paragraph of the Privacy Policy. You further represent and warrant that you have the right to share and transfer Your Contacts with Freddy and that Freddy’s use of Your Contacts for the purpose provided in this paragraph does not violate the rights of any third party. Please note that Freddy does not, in any way, control the information that Facebook collects from you.

You will have the option to opt-out partially or completely from any of our mobile applications or withdraw any permission granted to Freddy, and in any such case, Freddy will destroy and permanently de-identify personal information it holds and has collected from your use of such mobile applications.

Cookies

Like many websites, Freddy utilizes “cookies” to maintain a record of your visit to the Sites and your use of the Services. A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer or mobile device. It can only be read by the server that sent it to you. This information does not identify you personally and you remain anonymous unless you have otherwise provided Freddy with personal information.

Cookies help Freddy to improve the Sites and Services, and to deliver more personalized service by enabling Freddy to estimate audience size and usage patterns; to store information about your preferences; to speed up your searches and to recognize you when you return to the Sites or use the Services.

Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting Freddy’s cookies, you may follow your Internet browser’s steps for doing so. Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of the Sites or the Services.

IP Addresses

An IP address is a computer's numeric address, by which it can be located within a network. Freddy may record your IP address when you visit or use services or features on the Sites. Freddy may use your IP address for the purposes noted above, and also to help diagnose problems with Freddy’s server, or to administer the Sites. Freddy may also use your IP address to identify you when Freddy feels it is necessary to enforce compliance with this Privacy Policy or the Terms of Use, or to protect the Sites, Services, systems, information, employees, service providers, business partners, users, customers and others.

Protection of Your Information

To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, Freddy uses physical, technological and administrative procedures to protect the personal information that Freddy collects from loss, unauthorized access, modification, disclosure or other misuse.

Nevertheless, Internet or wireless transmissions are never completely private or secure. You understand that any messages or information you send to the Sites or through the Services may be read or intercepted by others. If you have any questions about the security of personal information collected by Freddy, please contact: privacy@usa.freddy.com.

You should also be aware that certain aspects of the Sites and Services are not confidential and are available for public viewing. For example, other users of the Sites and Services will be able to view your profile and goals that are publically available. Any submissions that you may post to any publicly available blogs or other publicly available features of the Sites and Services are not confidential and may be viewed by other users of the Sites and Services. By making personal information publicly available where the Sites and Services allow you to do so, you consent to such publication by Freddy or its service providers and agents. Please refer to the Terms of Use for additional provisions relating to user submissions that may apply to you.

Use of Your Personal information

Upon Freddy’s collection of your personal information, Freddy may use such personal information internally, separately or in combination with pre-existing information, for the following purposes:

- To process your order and delivered, not only directly but also through third party, the merchandise ordered
- To develop, enhance, market, sell or otherwise provide information, products or services
- To establish and conduct commercial relationships, including to process purchases or other transactions and to conduct or administer other transactions that you may engage in with Freddy including at the Stores, on or through the Sites or through the Services;
- To conduct or administer contests, sweepstakes or other promotions in which you have participated;
- To contact you and to respond to any communications that you may have had with us;
- To troubleshoot problems with the Sites and Services;
- To customize your experience or homepage on the Sites;
- To develop and manage Freddy 's business and operations;
- To enforce Freddy’s Terms of Use or comply with this Privacy Policy;
- To detect and protect Freddy and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with Freddy’s policies and contractual obligations;
- To engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Freddy;
- As permitted by, and to comply with, any legal or regulatory requirements or provisions;
- To access, preserve, disclose and use your personal information contained in your account, all Submissions (as defined in the Terms of Use), all communications to and from you, all information relating to your use of the Sites, if Freddy is required to do so by law or legal process or if Freddy determines, in its sole discretion, that such action is necessary to protect the rights of Freddy, third parties, and other users of the Sites or for purposes of responding to your request for customer service;
- For any other purpose to which you consent.

Personal information collected by Freddy may be transferred to, stored and processed in the United States. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.

Disclosure of Your Information

Freddy may disclose your personal information to its subsidiaries or affiliates and to third parties whom Freddy hires to provide services on Freddy’s behalf, including, but not limited to, process your order, deliver merchandise, support services, website services, delivering promotional materials, contests, sweepstakes and other promotions, and answering customer questions about Freddy’s products and services. These subsidiaries, affiliates and third parties may be located overseas. Freddy will only provide those third parties with the personal information that they need to deliver the services to Freddy and/or on Freddy’s behalf. Freddy will not disclose your personal information to third parties for their direct marketing purposes without obtaining prior affirmative consent. In the event that Freddy is involved in a business transaction, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Freddy, you consent to your personal information and any other information Freddy may have collected being transferred to another party in connection with such transaction. You also consent to Freddy disclosing your personal information to legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of Freddy’s business or operations; as consented to by you from time to time, including to fulfill any other purposes that are identified when the personal information is collected; or as otherwise permitted or required by law.

Retention of Your Personal information

The personal information that you provide will be retained by Freddy in accordance with applicable laws. However, Freddy will take reasonable steps to destroy or permanently de-identify personal information it holds if it is no longer needed for Freddy business purposes.

Children's Privacy

Freddy recognizes the privacy interests of children and Freddy encourages parents and guardians to take an active role in their children's online activities and interests. The Sites are not intended for children under the age of 18. Freddy does not target its services or the Sites to children under 18. Freddy does not knowingly collect personal information from children under the age of 18.

Choice and Opt-Out Preferences

Freddy does not collect your personal information unless you choose to provide it. If, at any time, you prefer not to receive further email communications from Freddy (except in connection with information, products or services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast e-mail that is sent to you by Freddy. If, at any time, you prefer not to receive any other form of communication from Freddy, you will have the ability to unsubscribe from such communications by contacting: info@usa.freddy.com

Access and Correction

Freddy will take reasonable steps to ensure the personal information it holds is accurate, complete and up to date. Upon your written request, subject to certain exceptions provided by law, Freddy will inform you of the existence, use and disclosure of your personal information and give you access to that information. Additionally, if you have any questions or enquiries relating to our privacy practices or procedures, or if you believe that the personal information that Freddy holds about you is not accurate, complete or up to date you may write to the Privacy Officer at the address provided below. If you are able to establish that the information is not accurate, complete or up to date, Freddy will take reasonable steps to correct the information so that it is accurate, complete and up to date.

SALES TERMS

These Sale Terms set out the terms and conditions that will apply when you purchase merchandise through www.FREDDY.COMwebsite. If you are unable to understand, or have any questions about these Sale Terms, please contact us using the contact information set out in the "Contact Us" section. You will be required to confirm that you have read and accept these Sale Terms before you submit an order to us.

A. ORDER AND ACCEPTANCE
If you would like to order merchandise, you can use the order process on our site to place an order.

Each order submitted constitutes an offer to purchase merchandise from us. Orders are subject to our acceptance and we may, at our discretion, refuse to accept your order, including where:

Orders cannot be processed due to an error in information you have provided to us, for example, where you provide us with: an incorrect payment card number, expiration date or card security value number; incorrect billing information (e.g., where the billing information you provide is different from the information that the bank or building society which issued your payment card has on record); insufficient or an incorrect shipping address (i.e., street address, city, country or postcode); or fraudulent information; there is an error on our site relating to the merchandise that you have ordered, for example an error relating to the price or description of the merchandise as displayed on our site; or the merchandise that you have ordered is no longer available through our site.

We will, unless we suspect that your order was placed for fraudulent purposes, send you an email to the email address that you have provided to us if we are unable to accept your order, informing you of the reason.

If you have placed your order through our site, after we receive your order, you will receive an email from us confirming receipt of your order. If you do not receive an email, call us before you try to place another order for the same merchandise. You should note that the email that we send to you confirming receipt of your order does not constitute acceptance of your order.

Your order will be accepted by us only after we dispatch the whole or any part of the merchandise covered by your order. If you have placed your order through our site we will send you an email when we dispatch all of the merchandise covered by your order to confirm that your order has been accepted by us. Our contract is created when we send you our shipment confirmation email.

We will take reasonable steps to ensure that the prices and other information about merchandise on our site are accurate. If an error relates to merchandise for which you have placed an order, we may reject your order under Clause above. If we reject your order because of an error, we will notify you at the email address and ask you whether you would like to re-submit your order to purchase the relevant merchandise once we have corrected the error. If we have notified you that we have accepted your order, you will not be required to pay more than the price that was displayed on our site at the time that you placed your order for the merchandise that You have requested, and if we have sent you merchandise which is different from the description of the relevant merchandise on our site at the time that you placed your order, you will also have the right to return it. Please see the terms of our return and exchange policy listed below.

We cannot provide any guarantee (explicit or implicit) on the accuracy, completeness and reliability of the product information and in general on the content of the web site. The product descriptions and the various images of the same are merely indicative, and may contain involuntary errors.  Any decisions that may be taken on the basis of information obtained from this web site will be taken in full decision-making autonomy at your own risk.

The information provided by us is purely for the purpose of disclosure, and can therefore in no way be considered the recommendation of a doctor (i.e a subject qualified to practice said profession), or in specific cases, of other health workers (dentists, nurses, chemists, physiotherapists, etc.).

If you have any questions, comments or concerns regarding our order acceptance policy, or if you consider that your order was rejected by us in error, please contact us.

You have no right to claim damages or compensation, and no contractual responsibility or responsibility outside the terms of a contract for direct or indirect injury to persons and/or damage to property caused by the even partial non-acceptance of the order or if the same is not filled, even partially.

B. PRICES

All the prices indicated in the various price lists are without sales tax. The appropriate sales tax will be calculated and displayed during the check-out process.

C. CUSTOMER INITIATED ORDER CANCELLATIONS AND CHANGES

You can make changes to or cancel your order at any time before your order has been processed by us. To make changes to your order, please call us (click here for a list of toll free numbers depending on your location). If your order has already been processed, you will only be able to request a refund or exchange of the merchandise: please see the terms of our return and exchange policy listed below.