Effective Date: July 20, 2019


This privacy policy/terms and conditions ("Policy") describes how BodyFixers via Phyx, Inc. and our affiliates and subsidiaries ("BodyFixers via Phyx" or "we" or "us" or "our") treats information collected or provided in connection with transactions, activities, and data gathered when a User ("you" or "User") visits or uses the BodyFixers via Phyx Platform. This Policy is incorporated by reference into the Terms of Use. Any capitalized terms used and not defined in this Policy shall have the meaning given to them in the Terms of Use.

Please note that the use of the BodyFixers via Phyx Platform constitutes your acceptance of this Policy. If you do not agree with how we have determined to handle your information, please do not visit or use the BodyFixers via Phyx Platform. The BodyFixers via Phyx Platform is only intended for use in the United States and the personal information you provide us as a user will be stored in the United States. By continuing with the login and registration processes, you are agreeing to these Terms and Conditions.

  1. 1. Effective Date and Changes

This Policy applies to all information collected by or provided to us on or after the Effective Date. BodyFixers via Phyx will periodically review and revise this Policy as BodyFixers via Phyx modifies the Platform and will update the Effective Date above upon any such changes. We will treat your continued use of the BodyFixers via Phyx Platform following such changes as your acceptance of them. We encourage you to periodically review this Policy.

If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than those policies in effect at the time we collected the information, we will make reasonable efforts to provide notice and to obtain consent to any such uses as may be required by law, but we will not be liable for any failure to do so.

  1. 2. Personal Information Collected on the BodyFixers via Phyx Platform

Because we respect your rights to your own privacy, we are committed to our policies established for the collection and/or use of your “Personal Information,” which is hereby defined as “full name, username, postal address, phone number, email address, age, birth date, and any information that could be used to identify, contact, or locate you directly without using the BodyFixers via Phyx Platform.”

For the purposes of this Policy, Personal Information does not include your photograph or other images/video’s. BodyFixers via Phyx has determined to establish separate policies specifically governing the use of photographs for and on the BodyFixers via Phyx Platform in Section 5 herein and further in “Photographs” provision of our Terms of Use.

By using the BodyFixers via Phyx Platform, you are authorizing us to collect, parse, and retain data related to the provision of the BodyFixers via Phyx Platform. However, we also provide Users with options and choices regarding how we use and disclose some or all of your Personal Information, as set forth specifically below, including how to access, correct, and/or remove it. You may avoid further said data collection by uninstalling the App from your mobile device and not otherwise using the BodyFixers via Phyx Platform.

When you visit or use the BodyFixers via Phyx Platform, we collect information about you in the following general categories.

We also may use and disclose geo-location we collect through the BodyFixers via Phyx Platform for other business purposes, including for legal purposes (such as to enforce our agreements) and in the event of a proposed or actual merger, sale, or other business asset transfers. The geo-location information obtained about a User will be retained in an identifiable manner, along with geo-location data about independently requested Independent Contractor to client job sites where Independent Contractors performed Services on initial and/or follow-up jobs.

 

 

 

 

 

 

 

 

 



 

  1. 3. Use of Information

We only use your Personal Information for BodyFixers via Phyx-Platform related purposes. (This includes the information collected by our third-party service Independent Contractors, set forth herein; however, this does not include our use of photographs, which is governed separately).

Specifically, the purposes of our “use” include platform-analytics, marketing, advertising, and other purposes designed to help us efficiently operate and improve the BodyFixers via Phyx Platform in the following manner:

  1. 4. Advertising and Advertising Opt-Out Provisions

We may use your Personal Information to provide advertising on/for the BodyFixers via Phyx Platform. At BodyFixers via Phyx, however, we do not rent, sell, or share your Personal Information with other parties or nonaffiliated companies for their direct marketing purposes without your express consent.

We may also send you email and other messages with personalized offers and information about products and services, and we may use Personal Information to show you online advertising on the BodyFixers via Phyx Platform, other websites, and other online services.

BodyFixers via Phyx provides Users the opportunity to opt out of receiving email marketing communications from us and our partners and gives Users the option to remove their information from our database, to not receive future email marketing communications, or to no longer receive our service. If you receive an unsolicited marketing email from a BodyFixers via Phyx email address, please contact support@bodyfixers.com.

Third parties may use cookies, web beacons, and other storage technologies to collect or receive information from the websites and apps you visit and elsewhere on the internet and use that information to provide measurement services and target ads. You may be able to opt out of receiving personalized advertisements from advertisers and/or advertising networks who are either members of the Network Advertising Initiative or subscribers to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. To learn more about your choices for opting out of personalized advertising through websites and/or apps, please visit:

You may also be able to change your mobile device settings to opt out of personalized advertising through apps.  For example, for iOS mobile devices, go to “Settings” from your device’s home screen; scroll down to “Privacy”; select “Advertising”; and turn on “Limit Ad Tracking.”  Also, for location-based ads, you may go to “Settings” from your device’s home screen; select “Privacy”; select “Location Services”; select “System Services”; and de-select “Location-Based Apple Ads.”  For Android mobile devices, go to “Google Settings” on your device; select “Ads”; and check the box labeled “opt Out of Interest-Based Ads.”

Please note that when you opt out of personalized advertising, you may continue to see online advertising on the BodyFixers via Phyx Platform and/or our ads on other Internet websites.

We may anonymize or aggregate data collected through the BodyFixers via Phyx Platform and use it for any authorized purpose.

  1. 5. Use of Your Profile Pictures and Other Job-related Pictures

“Photos” and “Videos” is defined as any photograph(s), image(s), or graphic(s) that we obtain from Users through the Body Fixers via PhysX Platform, including those uploaded by you or other Users, such as profile pictures and service-related job photos (See also additional related policies set forth in “Customer’s Confidential Information” and “Photographs and Video’s” in our Terms of Use).

Unless we expressly obtain your individual permission, BodyFixers via Phyx will only use your Photos and Video’s specifically for BodyFixers via Phyx-platform related purposes. 

  1. 6. Disclosure of Information to Others

When you use the BodyFixers via Phyx Platform, our third-party partners, such as ad networks and analytics Independent Contractors, use tracking technologies to collect information about how the BodyFixers via Phyx Platform is used and about the devices used to access the BodyFixers via Phyx Platform. Our partners also may collect information about your online activities over time and on other websites or apps. When our third-party partners provide such features, they are governed by the privacy policies of their governing organizations. You may be able to change browser or app settings to block and delete these technologies when you access the BodyFixers via Phyx Platform, but that might interfere with the BodyFixers via Phyx Platform’s proper functioning.

To operate the BodyFixers via Phyx Platform, including processing your transactions and supporting your activities on the BodyFixers via Phyx Platform, we may share your Personal Information with vendors, agents, and third-party service Independent Contractors in exchange for their support services like email origination, receipt/support services, and other user relationship management services.

As set forth herein, we do not rent, sell, or share Personal Information (as defined by California Civil Code § 1798.83) about you with other people or nonaffiliated companies for their direct marketing purposes unless we have your permission. We may allow access to other data collected by the BodyFixers via Phyx Platform to enable the delivery of our online advertising on the BodyFixers via Phyx Platform and on other websites and online services, or to send you information we think may be useful or relevant to you. The following are examples of how we share your information with third-party service Independent Contractors.

  1. 7. Information Collected by Cookies and Other Technologies

Like most online services and mobile applications, we and our third-party service providers may use cookies, web beacons, and similar tracking technologies to collect information about your activity from the computer or devices you use to access the BodyFixers via Phyx Platform. A cookie is a file saved on a user’s hard drive that stores certain information about user activity. Users must agree to let cookies be saved for them, and most web browsers are set to accept cookies by default. Although you can modify your browser/device settings to reject cookies if desired, this could potentially affect the availability and functionality of our services.

Any third party with whom we are allowed to share your Personal Information is authorized to use your Personal Information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control. You agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your Personal Information by them.

  1. 8. How to Edit Your Personal Information

BodyFixers via Phyx provides you with the ability to access and edit your Personal Information: Sign into the app, access the Settings menu, and then view and update/correct your account information. So that we can protect the integrity of sensitive data, there are certain pieces of information, such as your age, that you cannot alter yourself. Please contact us at support@bodyfixers.com to change information you may not be able to access through your account.

  1. 9. Information Retention

To preserve the integrity of our databases, standard procedure calls for us to retain information submitted by members for an indefinite length of time. You agree that we may store the information we collect for this indefinite length of time.

  1. 10. Children's Information

We do not knowingly collect information from children under 13, as the BodyFixers via Phyx Platform is not directed at Users under 18. If you are a parent and believe that your child under the age of 13 has used the BodyFixers via Phyx Platform and provided personal identifiable information to us through the BodyFixers via Phyx Platform, please contact us at support@bodyfixers.com or at our mailing address so we can delete that account and/or any Personal Information collected from them on the BodyFixers via Phyx Platform. All interaction between the Independent contractor (Provider) and the Client (user) is between the Independent Contractor (Provider) and the Client (user). Any providership on anyone under 18 requires the appropriate authorization that rests solely between the Independent Contractor (Provider) Client (user) and any Parent and Guardian. The Independent Contractor (provider) may be asked to supply Consent or may ask to have Consent provided prior to any interaction.

  1. 11. Our Security Precautions

Your BodyFixers via Phyx profile is password-protected so that only you and authorized BodyFixers via Phyx employees have access to your account information. In order to maintain this protection, do not give your password to anyone. BodyFixers via Phyx staff will never proactively reach out to you and ask for any personal account information, including your password. If you share a computer or mobile device, in order to protect your information entered on public terminals from disclosure to third parties, you should sign out of your BodyFixers via Phyx account and close the browser window before someone else logs on. BodyFixers via Phyx has security measures in place intended to help protect against the loss, misuse, and alteration of the information under our control.

International. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, or other governmental jurisdiction in which you reside; and the privacy laws governing the country/jurisdiction of these computer networks may be less protective.

BodyFixers via Phyx takes steps to ensure that your information is secure on its system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, BodyFixers via Phyx cannot guarantee the security of any information you transmit to us, and you do so at your own risk. BODYFIXERS VIA PHYX EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING, OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION OR USAGE INFORMATION AND FURTHER DISCLAIMS ANY LIABILITY THAT MAY ARISE SHOULD ANY OTHER INDIVIDUALS OBTAIN THE INFORMATION YOU SUBMIT TO THE BODYFIXERS VIA PHYX PLATFORM.

  1. 12. Links to Third-Party Websites and Online Services

This Policy applies solely to information collected by the BodyFixers via Phyx Platform. The BodyFixers via Phyx Platform may contain links to other websites, charitable organizations, or online services; and we of course are not responsible for other websites’ privacy practices. We advise Users upon leaving the BodyFixers via Phyx Platform to carefully review the privacy statements of any website that collects personally identifiable information.

Note that, as set forth herein, we do not provide your Personal Information to third parties for their own marketing purposes without your consent.


     13.13. Independent Contractor (Provider)/Client (User) Defined


BodyFixers via Phyx and the platform does not have any input on Independent Contractor (Provider) cost/treatment/treatment methods/treatment needs/frequency et al. All Independent Contractors are responsible for their own monetary fees/accounting and tax related inquiries and receipts. As an Independent Contractor, registration on the app/platform is a legal binding agreement between the Independent Contractor and Body Fixers via Phyx and the corporate entity. In registration, the Independent Contractor is in accordance with the Anti-Solicitation Law which states, “Upon registration, I, the Independent Contractor, agree that during the term of this Agreement I will not influence or attempt to influence customers or suppliers or any of its present or future subsidiaries or affiliates, either directly or indirectly, to divert any consumer to any individual, partnership, firm, corporation or other entity then in competition with the business of the Company or any subsidiary or affiliate of the Company for self-interest or financial gains. Any attempt will be subject to breach of contract disputes which may be subject to fines as determined by an arbitrator, which may be calculated on damages/loss/ up to but not to exceed 100,000.00 and immediate removal from access of usages as governed by the corporation. Any arbitration hearings are the legal responsibility of the Independent Contractor in question in the state of Incorporation, Delaware. Legal responsibilities include but are not limited to travel costs and hotel for both parties requested to attend such a hearing. In the instance that the Independent contractor is deemed not responsible for any suspected damages, Body Fixers via Phyx and its platform and its employees will reimburse the above aforementioned costs at a reasonable and customary rate and reserves the right to allow continued use of the platform, as deemed in the best interest of the Company, the Independent Contractor and the User”.


The Client (User) is an uninfluenced consumer seeking a provider to supply an uninfluenced service via the Body Fixers via Phyx platform. The Client (User) is responsible for all costs as well as fee’s that may result from a processing reversal that is deemed to be the responsibility of the Client (User) and their bank or credit card company. The Client (User) agrees to pay for the fee set forth by the Independent Contractor (Provider) and understands and agrees to upon registration that processing fees as well as management fees are included in the fee. It is to be noted that any gratuity is NOT subject to processing fees as agreed upon between all corporate entities and affiliates as to preserve the gratuity in full to the Independent Contractor.

     14.14. Contacting BodyFixers via Phyx

If you have any questions about this Policy, the practices of BodyFixers via Phyx, or your dealings with BodyFixers via Phyx, you may contact us by email at support@bodyfixers.com or by phone 1(866)-6-BODY-FIX #4 (support)