BILLYBLANKS.COM PRIVACY POLICY

This BillyBlanks.com Privacy Policy (“Privacy Policy”) governs your use of the BillyBlanks.com websites, including the Billy Blanks Club and the BillyBlanks.com e-commerce site (collectively, the “Websites”), which are owned by Gaiam Americas, Inc. (“Gaiam”).   We know how visitors like you value your privacy, and we have created this Privacy Policy to ensure that you understand our policies and procedures, what personal information you must provide if you wish to use certain portions of our Websites and, ultimately, just how we use such personal information.  This Privacy Policy is a part of and is incorporated into our BillyBlanks.com Terms and Conditions of Use.  By accessing or using any of our Websites, you accept, without limitation or qualification, the terms of this Privacy Policy.

1.         Information Collected By Our Websites

We collect two types of information from users of our Websites: personal information described below; and non-personal information such as information about traffic patterns on our Websites.

2.         Personal Information

To access certain portions of our Websites, we require you to register and select a user name and password. Some personal data is collected during the registration process. We may then ask for additional information, including personally identifiable and non-personally identifiable information. 

When you make a purchase on one of our Websites, when you subscribe to the Billy Blanks Club, or when you enter a contest or other promotion, we may ask you for certain personal information such as your name, address, e-mail address, or credit card number, in order to process your order, manage your subscription, administer the contest, or send you promotional e-mails.  Providing personal information in these instances is solely your choice; you do not need to provide such information, make purchases, or enter such contests to browse our Websites.

>3.         How We Use Your Personal Information

We use the information collected on our Websites for a variety of purposes, including, but not limited to, running the Websites and contacting users. Our Websites may also make available to other registered users information provided by you during registration, such as your screen name.  We may use your information to communicate back to you, to update you on products, services and benefits, to personalize our Websites for you, to contact you for market research or to provide you with marketing information, newsletters, or other information we think would be of particular interest.  In addition, if you make a purchase on any of our Websites, we may send you order and shipping confirmation emails.  We will always give you the opportunity to opt out of receiving such materials.

You can remove your e-mail address from our e-mail list at any time by following the procedures set forth in the “Opt Out Procedures” section below or by clicking on the “unsubscribe” link in every e-mail from BillyBlanks.com or the Billy Blanks Club.  In addition, you can modify your information or change your preferences, as set forth in the “Reviewing or Changing Your Information” section below.

Information obtained through our Websites may be intermingled with and used in conjunction with information obtained through sources other than our Websites, including both offline and online sources.

4.         Discussions and Community Tools

Our Websites may make chat rooms, forums, bulletin boards, news groups and other community tools available to registered users and/or visitors. Please remember that any information that is disclosed in these areas becomes public information for other users to view and for Gaiam to use. Please do not disclose any personally identifiable information, including without limitation your full name or e-mail address, in these publicly accessible areas of our Websites.  Please be considerate and respectful of others while using any chat rooms, forums or message boards to share your opinion.

5.         Non-Personal Data

In some cases, we may collect non-personal information. Examples of this type of information include the type of internet browser you are using, the type of computer operating system application software, and peripherals you are using and the domain name of the web site from which you linked to our Site. We use your information on an aggregated basis to do such things as operate our Websites, enhance our Websites and sell and deliver advertising.

6.         Cookies

Certain features on our Websites utilize cookie technology. A cookie is a small data file that certain web sites write to your hard drive when you visit them. A cookie file can contain various types of information, including a user ID that the site uses to track the pages you've visited. We may use cookies to enhance your experience on our Websites, to determine user traffic patterns and for other purposes.

Most browsers are initially set up to accept cookies; however, you can reset your browser to refuse all cookies or indicate when a cookie is being sent or you can flush your browser of cookies from time to time. (Note: you may need to consult the help area of your browser application for instructions.) If you choose to disable your cookies setting or refuse to accept a cookie, however, you may not be able to access all areas of our Websites.

7.         Opt Out Procedures

You have the option to opt out of receiving information from Gaiam and our Websites. This opt out messaging will appear at the bottom of every email that is sent out.  If you no longer wish to take advantage of our Websites or receive any form of direct contact from BillyBlanks.com, the Billy Blanks Club, or Gaiam, whether it is email, discounts, newsletters, or other promotional offers or materials, contact us at: customerservice@billyblanks.com, or call us at 1-800-461-0470 (8:30AM – 8:30PM EST M-F, 9:00AM to 5:00PM EST Sat. – Sun.).

8.         Reviewing or Changing Your Information

In order to ensure that the information we maintain is accurate, we give users the option to change or modify their information previously provided during registration. If you would like to change your information currently in our database please log in and click the "My Account" link on our various Websites, email us at customerservice@billyblanks.com, or call us at 1-800-461-0470 (8:30AM – 8:30PM EST M-F, 9:00AM to 5:00PM EST Sat. – Sun.).

9.         Sharing of Your Information

Gaiam may share your personal information: (i) with Gaiam’s parent, affiliates, subsidiaries, or successors (collectively the “Gaiam Parties”), or with third parties who are under obligations of confidentiality with any of the Gaiam Parties, (ii) if a Gaiam Party is required by law to do so, (iii) in the event of a transfer of ownership of a Gaiam Party, merger or other similar transaction, or (iv) as otherwise set forth in this Privacy Policy. The following describes some of the ways that your personal information may be disclosed to third parties:

We may employ third parties to perform services or functions on our behalf in order to improve our Websites, merchandising, marketing and promotional efforts, communications or other services. Those third parties may include authorized contractors, consultants and other companies working with us (collectively, "agents"). They only have access to personal information needed to perform their functions, and they may not share any personal information with others or use it for any other purpose than providing or improving Gaiam’s services and offerings.

We may share your information with third parties who we believe have information of interest to you.  In addition, we may share certain non-personal information with third parties for advertising, promotional and other purposes.  For example, we may work with third party advertising companies, to serve and track our ads. These third parties may serve other cookies. Our advertising partners may use the non-personal information they collect from our Websites, in the aggregate, to help us better market and serve our customers. 

This Privacy Policy applies only to our Websites and does not address the practices of third parties who may collect your personal information. You may visit other websites, through links on our Websites, which may collect, use and share your personal information in accordance with their own privacy policies. The information practices of those linked websites are not covered by this Privacy Policy, and we encourage you to be very cautious before you disclose your personal information to others.

In order to provide you with the information, products or services which you have requested, we may share or transfer your personal information with our parent, affiliates or subsidiaries, or third party agents acting on their behalf.

The Gaiam Parties may be obligated to cooperate with various law enforcement inquiries. Each Gaiam Party reserves the right to disclose or transfer personal information and non-personal information about you and your activities on our Websites in order to comply with a legal requirement or request from law enforcement or other government officials, administrative agencies or third parties as we, in our sole discretion, determine necessary or appropriate for the administration of justice, or in connection with an investigation of fraud, intellectual property infringements or violations of any other law, rule or regulation, our Terms and Conditions of Use or other rules or policies of our Websites, the rights of third parties, or an investigation of any other activity that may expose us or you to legal liability, or to investigate any suspected conduct which Gaiam in its sole discretion deems improper.

10.        Security

Providing a secure site is essential for your peace of mind and trust in Gaiam.  We have installed encryption software conforming to the Secure Socket Layers (SSL) protocol to safeguard all of the commerce related (i.e. credit card and billing address) information you send to us. Club profile information is not encrypted or secured in any way. All information is stored on our servers in a secure location.  It is important for you to protect against unauthorized access to your password and to your computer. If your password is compromised, notify Customer Service at once at customerservice@billyblanks.com, or call us at 1-800-461-0470 (8:30AM – 8:30PM EST M-F, 9:00AM to 5:00PM EST Sat. – Sun.).

11.        Protection for Children

Our Websites are not intended for users under the age of 18. Furthermore, we have no intention of collecting personally identifiable information from children (i.e., individuals under the age of 13). Where appropriate, we take reasonable measures to inform children not to submit such information to our Websites or in response to advertisements.

12.        Privacy Precaution Warning

Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.

13.        Your Consent

You may have certain rights under various state and federal statutes that may apply to the personal and non-personal information collected by Gaiam online.  By accepting the terms of this Privacy Policy and using our Websites, you are waiving all of such rights as to collection, use, disclosure and storage of your personally identifiable and non-personal information as described herein. You recognize that we are able to offer our Websites and services to you at our rates based upon these terms, which are an integral part of our contract for the provision of services.

By using our Websites and providing your personal information to us, you also authorize the export of your personal information to the USA, as well as its storage and use as specified herein. Our headquarters is located in the state of Colorado, in the USA. This Privacy Policy and our legal obligations are subject to the laws of Colorado and the USA, regardless of the location of any user. Any claims or complaints must be filed in the USA in the State of Colorado.

We may amend our Privacy Policy at any time, without notice to you, by posting such revised Privacy Policy on this page, so you are always aware of what information we collect, how we use it and under what circumstances we may disclose it. Any changes will only apply to information collected after the change is posted.

This Privacy Policy was last updated on April 1, 2008.