Privacy Policy

Collection of Information

Effective Date:  January 12, 2017

Information You Provide to Us. We collect information you provide directly to us. For example, we collect information when you become a member; shop in our stores; access and use our Services; make a purchase or rental; sign up for or participate in contests, promotions, sweepstakes, surveys, mailing lists, classes, events, trips or recreational activities; engage with us via social media platforms; and when you email, call, or otherwise communicate with us.

The types of information we may collect include your name, address, phone number, fax number, email address, ZIP code, photos, videos, social media usernames, payment information, demographic information, information about your interests and preferences, information about your fitness condition and physical characteristics, and any other information you choose to provide.

In some cases, we may also collect information you provide about others, such as when you purchase a gift card for someone and request that we deliver it electronically, decide to purchase and ship products to someone, or create and share a gift registry. We will use this information to fulfill your requests and will not send communications to your contacts unrelated to your requests, unless they separately consent to receive communications from us.

Information We Collect Automatically. We may also automatically collect information about you when you access or use the Services or transact business with us, including:

  • Transaction Information:  When you purchase or return a product, register for events or classes, or book trips with us, we collect information about the transaction, such as product details, purchase price, and the date and location of the transaction.
  • Log Information: We obtain information about your use of our websites, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
  • Device Information: We collect information about the computer or mobile device you use to access our Services, such as the hardware model, operating system and version, unique device identifiers, mobile network information, and browsing behavior.
  • Location Information: We may collect information about the precise location of your device when you consent to the collection of this information.  We may also collect information about your approximate location each time you access our Services.
  • Information Collected by Cookies and other Tracking Technologies: We may use cookies, web beacons, and other tracking technologies to collect information about you and your interaction with our Services, including information about your browsing behavior, purchase behavior, and other engagement with the Services. We use this information in one or more of the ways described in the “Use of Information” section below. Most web browsers are set to accept cookies by default, but you can usually change your browser settings to remove or reject cookies. In addition to browser cookies, Adobe Systems Inc. may set a “flash cookie” on your computer or mobile device when you view videos on our Services. To manage and disable “flash cookies,” visit Adobe Flash Player Manage, Disable Local Shared Objects.

Information We Collect from Other Sources. We may also receive information about you from other sources and combine or link that with information we have about you. For example, we may collect demographic and change-of-address information from third party sources and information from third party social media platforms (such as Facebook) if you log into our Services using your social media account credentials or if you make certain content and information publicly available, such as photos, videos, and profile information.

Use of Information

We use the information we collect about you for a variety of purposes, for example, to:

  • facilitate and improve your in-store and online shopping experience;
  • administer your membership and communicate with you about your membership and the co-op (including information about your dividend balance, special offers only available to members, annual meetings, and board elections);
  • provide and deliver products and services, process transactions, and send you related information, including confirmations, receipts, invoices, and recall notices;
  • provide, maintain, and improve the Services, manage your online account, and send you technical notices, updates, security alerts, and support and administrative messages;
  • investigate and prevent fraudulent transactions and other illegal activities;
  • respond to your comments and questions and provide customer service;
  • communicate with you about Omni-Swing LLC and partner products, services, offers, contests, promotions, sweepstakes, surveys, news, upcoming events, and other information we think will be of interest to you (for information about how to manage promotional communications);
  • monitor and analyze trends, usage and activities;
  • personalize the Services and provide advertisements, content, or features that are targeted toward your interests;
  • process and deliver contest, promotion and sweepstakes entries and prizes;
  • link or combine with other information we receive from third parties to help understand your needs and provide you with better service; and
  • carry out any other purpose conveyed to you at the time the information was collected.

We are based in the United States and the information we collect is governed by U.S. law.  By accessing or using our Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.

Social Sharing Features

The Services may offer social sharing features or other integrated tools, which let you share actions you take on the Services with other media, and vice versa.  The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature.  For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these features.

Your California Privacy Rights

California law permits residents of California to request certain details about how their information is shared with third parties for their own direct marketing purposes. However, under the law, a business is not required to provide this information if it permits California residents to opt in to, or opt out of, this type of sharing. Omni-Swing LLC qualifies for this alternative option. To opt out of having your information shared with third parties for their own direct marketing purposes, please call us.

Changes to this Policy

Omni-Swing LLC may change this Policy from time to time. If we make changes, we will notify you by revising the Effective Date above and, in some cases we may provide you with more prominent notice (such as adding a statement to our homepage or sending you a notification). We encourage you to review the Policy to stay informed about our information practices and the ways you can help protect your privacy.

Contact Us

If you have any questions, comments or concerns about this Policy or about our privacy practices, please call us at 1-877-YOGA-GYM (US and Canada) or 1-530-332-9642 (outside the US and Canada) or send an email message to info@yogaswing.com. You may also direct your privacy-related comments or questions to the following address:

Omni-Swing LLC

171 E 18th St

Chico CA 95928

Web Site Terms, Conditions and Notices Important Legal Information

Overview

The following terms, conditions, and notices (Site Rules) apply to all visitors or users of this Web site, and of microsites or mobile sites of our brands and lines of business (e.g., Omni-Swing, LLC, Omni Gym, YogaSwings.com, etc.) that expressly adopt these Site Rules (collectively, the “Web site”). We may refer to our brands and lines of business as “we,” “us,” or “our” throughout the Site Rules. By using this Web site, you agree to be bound by these rules and regulations, as they may be modified by us at any time and posted on this Web site. In the event of a violation of these rules and regulations, we reserve the right to seek all remedies available by law and in equity.

Limited License

The Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials” ) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided through this Web site as a service to its current and prospective visitors and may be used only for personal, informational, and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited license, not a transfer of title of our Materials, and such license is subject to the following restrictions: you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission; you may not access or use this Web Site for any competitive or commercial purpose; nor may you permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials for purposes of resell is prohibited. We may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by us, as applicable.

Trademarks

We and our affiliated companies retain all rights regarding their trademarks, trade names, brand names and trade dress. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks of Omni-Swing, LLC, and other companies affiliated with this company, and they are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of this Web Site. Your misuse of our trademarks displayed on this Web Site is strictly prohibited. You are also advised that we may aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

Patents

One or more patents may apply to this website, including without limitation U.S. patent nos. 007255666. Other patents pending.

Special Notice

We have a no-tolerance policy regarding the use of our trademarks or names (e.g., of Omni Gym, YogaSwing, YogaSwings, Omni Swing, Swing Yoga, Flying Fitness, Swing Therapy, Movement Medicine) in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any web page on this Web site is prohibited absent our express written permission. Associating or juxtaposing our Web site or its Materials (e.g., through framing or inline linking) with advertisements and/or other information not originating from our Web site is expressly prohibited.

Your Communications

We may, but are not obligated to, use-in any way we see fit-any ideas, concepts, know-how, text, photographs, images or techniques (“User Submissions”) contained in any communication you send to the Web Site or provide to us for any purpose whatsoever including, but not limited to, advertising; promotion; entertainment; commercial purposes; and developing, manufacturing and marketing products. Accordingly, we may use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology (e.g., broadcast and cable television, radio, mobile transmission, and the internet), now known or hereafter developed, all without any payment to or further authorization by you.

You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Omni-Swing, LLC does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of their publication on our Web site (assuming we choose to post them once submitted). We reserve the right to determine in our sole discretion whether User Submissions are appropriate; whether they comply with these Site Rules, our standards, and applicable law; and whether they may be posted or removed.

Prohibited Uses of Website and Services

You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Web Site and/or our related services and products.

Linking

Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to this Web Site. None of such links should be deemed to imply that Omni Gym endorses the Third Party Sites or any content therein.

We do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available through such Third Party Sites. Access to any Third Party Sites is at your own risk and we will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

Our Products

All features, specifications, products and prices of products and services described on this Web site are subject to change at any time without notice. From time to time there may be information on this Web site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on this Web site. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on this Web site does not imply or warrant that these products or services will be available over the internet or in each of our stores at any particular time.

Disclaimer of Warranty

Access to this Web Site is provided to our customers and prospective customers “as is” and “as available” and without warranty of any kind, whether express or implied, including but not limited to, those of merchantability, fitness for a particular purpose, title or noninfringement. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Omni-Gym reserves the right to block or deny access to the Web Site to anyone at any time for any reason.

Jurisdiction

We control this Web Site from offices within the State of California. We do not imply that the materials published on this Web Site are appropriate for use outside of the United States. If you access this Web Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. The terms of this Web Site shall be governed by the laws of the state of California, without giving effect to its conflict of laws provisions.

Limitation of Liability

In no event will Omni Gym be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this site or any other hyperlinked web sites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if Omni Gym is expressly advised about the possibility of such damages. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

Revisions

We may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the site, at any time and without notice. We also reserves the right, at our sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Accordingly, this means we may terminate the authorization, rights and license given in these Site Rules at any time and without notice. Your continued use of this Web Site after any changes to these Site Rules are posted will be considered acceptance of those changes.

Notice for Copyright Infringement

We do not permit copyright infringing activities on this Web site. We may remove any content of any kind that a user posts to this Web Site (“User Communications”), e.g., if properly informed that the User Communications infringe another’s copyright rights. We may terminate the ability to submit User Communications if, under appropriate circumstances, a person submitting User Communications to this Web Site is determined to be a repeat infringer.

If you are a copyright owner or an agent for such owner and believe that any User Communications on this Web site by third parties infringes upon your copyrights, you may notify us by providing the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
Identification of the location where the original or an authorized copy of the copyrighted work exists;
Identification of the User Communication(s) or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Omni Gym to locate the same;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
A statement that you have a good faith belief that use of the User Communication(s) or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

Our agent for notice of claims of copyright infringement can be reached as follows:
Omni Gym
P.O. Box 3386
Chico, CA 95926
By Email: tone@yogaswings.com

If you fail to comply with all of the requirements above, your notice may not be valid.