Effective as of July 1, 2023

This privacy policy (the “Privacy Policy”) applies to the websites and mobile applications (each and together, “Online Services”) owned and operated by YogaLab Louisville, LLC and its affiliate EmpireST8, LLC, doing business as YogaST8 and CyclST8, respectively (together “ST8,” “we,” “us,” or “our”). We have created this Privacy Policy to tell you what information our Online Services collect, how we use that information, and who we will share that information with, if at all. By visiting and/or using our Online Services, you are agreeing to the terms of this Privacy Policy and the accompanying Terms and Conditions of Use. We encourage you to read the Privacy Policy, and to use the information it contains to help you make informed decisions.

Please also note that this Privacy Policy does not address the privacy practices of any third parties that we do not own, control, or are affiliated with. We use the Mariana Tek Fitness Software to run our mobile applications. Thus, Mariana Tek may collect, use, and share information as a controller due to their operation of our mobile application. You can find their complete privacy policy HERE.

Information We Collect or Receive. In the course of operating our Online Services, we will collect and/or receive the following types of information. You authorize us to collect and/or receive such information.

(a) Personal Information. We only receive or collect information that identifies you personally if you choose to provide such personally identifiable information to us. When you create an account with us, you will be required to provide us with personal information about yourself (collectively, the “Personal Information”). Such Personal Information may include your name, e-mail address, physical address, and phone number. We do not collect any Personal Information from you when you use the Online Services unless you provide us with the Personal Information voluntarily.

(b) Account Creation. If you create an account with us, you are authorizing us to collect, store, and use, in accordance with this Privacy Policy, any and all Personal Information that you provide to us. Such information may include, without limitation, your first and last name, account username, and e-mail address.

(c) Payment Information. If you choose to make a purchase that requires a fee, you will be required to provide us with your payment information, including, without limitation, credit card or debit card numbers (collectively, “Payment Information”). Such Payment Information will be collected and processed by our third-party payment vendors pursuant to the terms and conditions of their privacy policies and terms of use.

(d) Geolocational Information. Certain features and functionalities of the App may be based on your location. In order to provide these features and functionalities while you are using your mobile device, we may, with your consent, automatically collect geolocational information from your mobile device or wireless carrier and/or certain third-party service providers (collectively, “Geolocational Information”). Collection of such Geolocational Information occurs only when the App is running on your device.

You may decline to allow us to collect such Geolocational Information, in which case we will not be able to provide certain features or functionalities to you.

(e) Other Information. In addition to the Personal Information, Payment Information, and Geolocational Information, we may automatically collect or receive additional information regarding you and your use of our Online Services; your interactions with us and our advertising; and information regarding your computer and mobile devices used to access our Online Services (collectively, the “Other Information”). Such Other Information may include (i) IP address; (ii) browser type and language; (iii) referring and exit pages and URLs; (iv) date and time; and (v) details regarding your activity on the Online Services. For further information re the mobile applications, please see Mariana Tek’s privacy policy HERE.

Information Collected by Or Through Third-Party Advertising Companies. We may share Other Information about your activity on the Online Services with third parties for ad distribution and ad optimization (defined as the tailoring, targeting). These third parties may use pixels and/or other technologies to collect Other Information for such purposes.

How to Opt Out of Third-Party Interest-Based Advertising. If you wish to opt out of third-party interest-based advertising, please visit http://www.networkadvertising.org and http://www.aboutads.info/choices for details on how to do so. Additionally, users of mobile Devices can follow the below instructions:

(a) Android Users. For Android devices with OS 2.2 and up and Google Play Services version 4.0 and up: Open your Google Settings app > Ads > Enable “Opt out of interest-based advertising.”

(b) iOS Users.

(i) iOS 7 or Higher: Go to your Settings > Select Privacy > Select Advertising > Enable the “Limit Ad Tracking” setting.

(ii) iOS 6: Go to your Settings >Select General > Select About > Select Advertising > Enable the “Limit Ads Tracking” setting.

How Information Is Used and Shared.

(a) You authorize us to use the Personal Information, Payment Information, Geolocational Information, and the Other Information (collectively, the “Information”) to:

(i) provide and improve our Online Services;

(ii) provide our services;

(iii) administer our promotional programs;

(iv) solicit your feedback; and

(v) inform you about our products and services.

(b) In order to provide our services and administer our promotional programs, we may share the Information with our third-party promotional and marketing partners.

(c) We engage third-party companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, customer service, marketing assistance, and administration of promotional programs. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.

(d) In an ongoing effort to better understand our users, the Online Services, and our products and services, we may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the Online Services and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the Online Services and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.

(e) We may share some or all of your Information with any of our affiliate companies, under common control with us.

(f) To the extent permitted by law, we may also disclose the Information:

(i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or

(ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you.

We will use your Payment Information to process your authorized payments through the Online Services. We will share your Payment Information with a third-party service provider as necessary to process your payment. The third-party service provider stores your Payment Information; we do not store this information. Storage by the third-party service provider of your Payment Information is subject to the privacy policies and practices of the third-party service provider and is not subject to the terms of this Privacy Policy. By providing your Payment Information, you acknowledge and agree to use of such information by the third party service provider for purposes of processing your payment to us.

Accessing and Modifying Information and Communication Preferences. If you have provided us any Personal Information, you may access, remove, review, and/or make changes to the same by contacting us as set forth below. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any of our marketing e-mails. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to the Online Services (e.g., requests for support).

How We Protect Your Information. We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.

Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

Important Notices to Non-U.S. Residents. The Online Services and its servers are operated in the United States. If you are located outside of the United States, please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Online Services, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.

App Stores; External Websites. Your app store (e.g., iTunes or Google Play) may collect certain information in connection with your use of the Online Services, such as Personal Information, Payment Information, Geolocational Information, and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third party’s applicable privacy policies.

The Online Services may contain links to third-party websites. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

Children. The Online Services are not directed to children under the age of 16. We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Personal Information from any child under the age of 13. We ask that minors (under the age of 16) not use the Online Services.

Changes to This Privacy Policy. This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on our Online Services. By accessing the Online Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us. If you have questions about this Privacy Policy, please e-mail us at holler@yogast8.com with “Privacy Policy” in the subject line or mail us at the following address: 4121 Shelbyville Road #202, Louisville , Kentucky 40207.