Web Site Terms and Conditions of Use
  1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

  1. Use License
  2. Disclaimer
  3. Limitations
  1. Permission is granted to temporarily download one copy of the materials (information or software) on The Dailey Method’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on The Dailey Method’s web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Dailey Method at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
  1. The materials on The Dailey Method’s web site are provided “as is”. The Dailey Method makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, The Dailey Method does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

In no event shall The Dailey Method or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on The Dailey Method’s Internet site, even if The Dailey Method or a The Dailey Method authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

  1. Revisions and Errata

The materials appearing on The Dailey Method’s web site could include technical, typographical, or photographic errors. The Dailey Method does not warrant that any of the materials on its web site are accurate, complete, or current. The Dailey Method may make changes to the materials contained on its web site at any time without notice. The Dailey Method does not, however, make any commitment to update the materials.

  1. Links

The Dailey Method has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Dailey Method of the site. Use of any such linked web site is at the user’s own risk.

  1. Site Terms of Use Modifications

The Dailey Method may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

  1. Governing Law

Any claim relating to The Dailey Method’s web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Last modified: November 20, 2020

 

TDM Franchise Company, LLC (“The Dailey Method,” “we,” “us,” or “our”) respects your privacy and we are committed to protecting it through our compliance with this Privacy Policy (the “Policy”).

This Policy describes the types of information we may collect from you or that you may provide when you visit our websites: thedaileymethod.com and https://thedaileymethod.com/Online/ (singularly and collectively referred to as, the “Website”), use our online services to attend live or recorded classes, make a purchase from our online store, or interact with us (collectively, the “Online Services,”), use our in-person services to attend in-studio classes (the “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information we collect:

  • On our Website.
  • In e-mail and other electronic messages between you and us.
  • When you use our Online Services, such as create an online account, make a purchase from our online store, etc.
  • When you sign-up for our in-studio services.

It does not apply to information collected by:

  • use offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or
  • any third party, including through any application or content (including advertising) that may link to or be accessible from our Website.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website, Online Services and/or Services. By accessing or using our Website, Online Services, and/or Services you agree to this Policy.

From time to time, we reserve the right to modify or amend the terms of our Policy. You will be notified of such changes by notifications on our Website by e-mail notification informing you of such changes, or by any other reasonable means as required by applicable law. You should check this Policy frequently for any changes. Your continued use of our Website, Online Services, and/or Services following the posting of changes to this Policy will mean that you accept those changes.

BY ACCESSING OUR WEBSITE AND/OR BY USING OUR ONLINE SERVICES AND/OR SERVICES, YOU AGREE TO AND ACCEPT THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS OUR WEBSITE, OUR ONLINE SERVICES AND/OR SERVICES.

  1. Territorial Scope

Our Website, Online Services, and/or Services are available for use only in the United States of America (the “U.S.”), Canada, and Mexico.

 

  1. Minors and Children Under the Age of 13

Our Website, Online Services, and Services are not intended for minors and children under age 18. Further, we do not knowingly collect personal information from children under age 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at contact@thedaileymethod.com.

 

  1. Information We Collect About You

We collect Personal Information (defined below) and information that is not Personal Information (“Non-Personal Information,” together with Personal Information, “Information”) regarding users of the Services or relating to the Services, either directly or through the activities of third-party suppliers and service providers and/or franchisees. For purposes of this Policy, “Personal Information” means the information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a person. We may combine Non-Personal Information with Personal Information, and in those circumstances we will treat the combined information as Personal Information. We collect several types of Personal Information from and about users of our Website and/or Services, including the following Personal Information and Non-Personal Information:

  • First and last name
  • Email address
  • Persistent online identifier (e.g. persistent cookie, IP address)
  • Browser Type
  • Operating System information
  • Geolocation (which may include specific longitude and latitude)
  • Internet/Network information, such as device name, device ID, browsing history, browser type, interaction with website or online advertisement
  • Inquiry information, such as your questions/feedback to us or survey responses

Please note that franchisee-operated physical locations may ask for additional Personal Information and/or Non-Personal Information. For more information about how the Information is collected, stored, or processed by a franchisee-operated physical location, please contact that location. We do not receive any other Information from our franchisees other than the list provided herein.

  1. How We Collect Your Information

We collect your information from various sources (including from our franchisees) that may include, for example, from:

 

  • You Directly. Information you provide directly when you use or otherwise interact with our Website, Online Services, and/or Services; establish an online account; complete a survey; contact us; provide feedback and/or submissions; or submit information through our Website, Online Services, and/or Services, in connection with our services.

  • Your Browser or Device. Information collected automatically as a result of your interaction with us, our franchisees and/or use of the Online Services or Services (including information we receive when you use your loyalty card(s), historical sales information, your geolocation information (which may include specific longitude and latitude), usage times and volume, and information about the device you are using (for example, device type, device ID, characteristics and status, browser type, operating system and application version and information about how our application is used) or through our marketing activities. We use Google Analytics to collect such data. Terms of Service for Google Analytics are available here: https://www.google.com/analytics/terms/us.html.

 

Third-Party Analytics and Targeted Marketing Analytics. We partner with third-party suppliers to engage in analytics, analysis, auditing, measurement, research, and reporting, including without limitation based on Personal Information or other Non-Personal Information collected over time, such as through your activity on the Online Services and Services, your device’s geolocation (which may include specific longitude and latitude), and your activity on unaffiliated third-party sites, mobile apps, or other online services. Our third-party partners may use web logs or pixels, and/or they may set and access cookies or other tracking technologies on your computer or other device. For example, we may use Facebook, Google Analytics, Google Analytics Advertising Features and/or other third party services to help collect and analyze certain information for the purposes described in this Policy, including to evaluate our targeted marketing activities. We may use this data in individual form, in a format that that does not, by itself, identify you individually and/or aggregated form, we may share information that does not, by itself, identify you individually and/or aggregated information and/or statistics with others outside of The Dailey Method and we may allow third parties to collect and aggregate Non-Personal Information in connection with the use of tracking technologies. Your Personal Information may also be used for analytics related to tracking your activities on the Online Services.

 

Cookies. We may also use cookies to collect the above information. Cookies are small files of letters and numbers stored on your browser or device that enable the cookie owner to recognize the device when it visits websites or uses online services. The website you visit may set cookies directly, known as first-party cookies, or may trigger cookies set by other domain names, known as third-party cookies. While we may automatically use some cookies that are strictly necessary to provide the services you request or enable communications, we request your consent for all of our other cookie uses.

 

We may use the following types of cookies:

 

  • Analytical/performance cookies. These cookies allow us and our third-party service providers to recognize and count the number of visitors and to see how visitors move around our website when they are using it. This helps us improve how our website works by, for example, ensuring that users can easily find what they need on our website. These cookies generate aggregate statistics that are not associated with an individualized profile.

 

  • Functionality cookies. These cookies enable helpful but non-essential website functions that improve your website experience. By recognizing you when you return to our website, they may, for example, allow us to personalize our content for you, greet you by name, or remember your preferences.

  • Third Party Service Providers. Information we collect about you from our third party service providers, such as our payment processing partners. Currently we are using Stripe and Mindbody to process payments. The Dailey Method does not receive any of your payment related information. Please review such third-party’s privacy policy, which is available on their respective website.

  • Social Media Networks. Information that your social media network provides to us if you connect your social media account with The Dailey Method. For example, this may include your social media ID or username, name, email address, general location, friends list, and demographic information such as gender or birthday/age. Note that certain of the information we receive will become part of your account(s) with The Dailey Method and will be subject to this Policy.

 

  • Otherwise in accordance with our agreements with you. Information as described elsewhere in this Policy, any applicable terms, or at the time such information is collected.

 

  1. Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the information you provide to us. We have created mechanisms to provide you with the following control over your information:

  1. Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. You may opt out of the use of cookies by Google Analytics on websites as described at https://tools.google.com/dlpage/gaoptout.
  2. Do Not Track. Do Not Track is a privacy preference that can be set in a web browsers. Our Website recognizes do not track browser setting or signals. For information about do not track, please visit https://allaboutdnt.com/.
  3. Disclosure of Your Information for Third-Party Advertising. We do not sell, trade, or otherwise transfer your Personal Information unless we provide you with advance notice. However, this does not include website hosting partners and other third parties who assist us in operating our Website, conducting our business, or servicing, so long as those parties agree to keep your information confidential.
  4. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s
  1. How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Information:

  • To present our Website and its contents to you, as applicable.
  • To provide you with our Online Services and Services.
  • To provide you with information, products or services that you request from us.
  • To notify you about changes to our Website, Services, or any Online Services we offer or provide though it.
  • To allow you to participate in interactive features on our Website.
  • To improve customer experience.
  • Provide customer support.
  • Inform you about promotions, events, and news related to our Online Services and Services.
  • Process and deliver contest entries and awards.
  • In any other way we may describe when you provide the information.
  • Contact you with respect to our Online Services and Services.
  • To fulfill any other purpose for which you provide it.
  1. Disclosure of Your Information

We may disclose aggregated information about our users and information that does not identify any individual, without restriction.

We may disclose Personal Information that we collect, or you provide as described in this Policy:

  • To our employees on a need to know basis.
  • To our franchisees, subsidiaries and affiliates on a need to know basis.
  • To contractors, service providers and other third parties, such as our payment processing partners, loyalty program processing partner, etc., that we use to support our business and who are bound by contractual obligations to keep Personal Information confidential, in compliance with the applicable privacy laws and regulations, and use Information only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by us about our Website, Online Services, and/or Services users is among the assets transferred.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your Personal Information:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect our rights, property, or safety, or the rights, property, or safety of our customers or others.
  1. Third Party Links On Our Website

Our Website may contain links to other third party websites for your convenience. We are not responsible for the privacy policies and practices of other third parties and any information you submit to a third party is subject to their privacy policy. Once you leave our Website, or are redirected to a third-party website, application, or other online service, we encourage you to read the privacy policy applicable to that third party.

  1. Opt-Out of Communications with The Dailey Method

 

  1. E-mail Contact. You may opt-out of receiving promotional e-mail communication from us by sending us an e-mail at contact@thedaileymethod.com. Please note that you will not be able to opt-out of transactional e-mail communication, such as communication related to your account or our Online Services or Services. In addition, you may click on the “unsubscribe” button in the footer of the email that we send.

 

  1. Push Notification. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Website, Services, and/or Online Services.

 

  1. Deleting Your The Dailey Method Account

  1. Editing Your Account Information. You may edit your account information by logging into your The Dailey Method account.

  1. Deleting Your Account. You may delete your account by contacting contact@thedaileymethod.com. Please note that by deleting your The Dailey Method account you may not be to access our Online Services or Services.

  1. Your California Privacy Rights

We do not sell, trade, or otherwise transfer to outside third parties your Personal Information. California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to contact@thedaileymethod.com.

Further, the California Consumer Privacy Act of 2018, as amended (Cal. Civ. Code §§ 1798.100 to 1798.199) (“CCPA”), does not apply to us. If you have any questions or concerns about the CCPA or its non-applicability to us, please do not hesitate to e-mail us at contact@thedaileymethod.com.

  1. Data Processing and Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, by encrypting data in transit, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Data that you provide is hosted on dedicated servers of our third-party partners.

  1. Changes to Our Privacy Policy

It is our policy to post any changes we make to our Privacy Policy on this page, or by sending you an e-mail notification, or any other method prescribed under applicable law. The date the Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring that we have your up-to-date active and deliverable email address, and for periodically visiting our Website and this Privacy Policy to check for any changes.

  1. Contact Information

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: contact@thedaileymethod.com.

OR

1599 Sir Francis Drake Blvd.

Fairfax, CA 94930

PLEASE NOTE: IF YOU USE OUR WEBSITE, SERVICES, AND/OR OUR ONLINE SERVICES, YOU HAVE AGREED TO AND ACCEPTED THE PRACTICES DESCRIBED IN THIS POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS POLICY, PLEASE DO NOT USE OUR WEBSITE, SERVICES, OR ONLINE SERVICES.