Effective Date: July 20, 2019
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. 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.
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.”
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.
- Location Information: We collect precise location data through the App when it is used by Independent Contractors if the Independent Contractors’ devices permit such information collection. We may collect this information when Independent Contractors use certain functionality, such as navigating to a location to provide the Services, and we may also collect the precise location of an Independent Contractor’s device when the App is running in the foreground or background. We may derive an Independent Contractor’s approximate location from the Independent Contractor’s IP address. The BodyFixers via Phyx Platform utilizes geo-location features to match Customers to Independent Contractors, to update Customers on the status of Independent Contractors en-route to perform Services, to confirm that an Independent Contractor performed Services, and to improve the services on the BodyFixers via Phyx Platform.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.
- Transaction Information: We collect transaction details related to your use of the BodyFixers via Phyx Platform, such as type of service requested, date and time of service, amount charged, distance traveled, intra-User communications, ratings and reviews, and other related transaction details. The transaction data is purely obtained for monetary processing and exchange and is secured as to comply with all HIPPA regulations. Transaction data is collected and stored and only obtainable by the client or the independent contractor of whom provided and/or received the services with a written request to firstname.lastname@example.org.
- Independent Contractor Registration and Payment: To register as an Independent Contractor, you may need to provide other Personal Information, including your social security number, bank account and a U.S. government-issued I.D., and in some jurisdictions, we may collect additional business or contractor licenses. We share certain information with our partners who help us by running background checks on Independent Contractors to help protect the BodyFixers via Phyx community. We may use report information we receive from background check service Independent Contractors for the purposes of assessing whether to permit an individual to use the BodyFixers via Phyx Platform as an Independent Contractor and to comply with applicable law or to remove an Independent Contractor for unsurfaced conduct concerns. To make sure Independent Contractors get paid, we keep information about Independent Contractor’s bank routing numbers, tax information, and any other payment information provided by Independent Contractors. To keep your data secure, we do not store your full bank account information or social security number on our servers.
- Customer Support: We may collect Personal Information through your communications with our customer-support team.
- Usage and Preference Information: We collect information that is generated automatically about how you and visitors interact with the BodyFixers via Phyx Platform, preferences expressed, and settings chosen. When we associate such information with specific personal information, we will treat the combination as Personal Information, as set forth herein.
- Communications Between Users: As an enhanced privacy feature, we use a third-party service to mask the telephone numbers used during calls or texts (SMS) between Users. We do not reveal telephone numbers submitted on file, although we store any call data, including associated date, time, and content. This is to ensure the safety of all platform users.
- Device Information: We may collect information about your mobile device, including the following examples: the hardware model, operating system/version, software names/versions, file names/versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information. This is to ensure any updates to the platform are compatible as to ensure full access at all times.
- Log Information: When you interact with the BodyFixers via Phyx Platform, we collect server logs, which may include device IP addresses, access dates and times, app features or pages viewed, app crashes and other system activity, browser type, and the third-party site/service accessed immediately prior to interacting with the BodyFixers via Phyx Platform.
- Third-Party Site Account Access: If you log in to the BodyFixers via Phyx Platform through a social networking site, such as Google or Facebook, we may collect your authentication token, registration information, and account identification number and use that information to provide you with access to your account on the BodyFixers via Phyx Platform.
- All costs of service are set by the Independent Contractor as to abide by Independent Contractor status. These costs, upon completion of the service rendered, are subject to deduction for payment processing fees, application management fees, as well as marketing costs, not to exceed .15/1.00 inclusive.
- Gratuity is NOT subject to ANY processing fees as deemed beneficial to the Independent Contractor (Provider) and the Client (User) relationship. Body Fixers via Phyx has instituted the no fee per gratuity and absorbs all processing costs in fairness to the Independent Contractor to User overall experience. Body Fixers via Phyx agrees to 100 percent payout of any gratuity to the Independent Contractor on behalf of the Client (User). Gratuity is not required. The gratuity processing rate of 100% transferable is to be seen as an attempt to offset the Independent Contractors rate that is subject to the required processing fees.
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:
- to contact you in connection with your BodyFixers via Phyx-related activities (including, but not limited to, confirmation emails, account verification text messages, push notification alerts, or important alerts that could affect your relationship with BodyFixers via Phyx),
- for identification and authentication,
- for security and fraud prevention,
- to perform background checks,
- to investigate potential unauthorized use of your information by an Independent Contractor,
- to communicate Service requests from you to other Users, and/or
- to suggest potential Customers for your Services.
- to advertise, promote and market BodyFixers via Phyx services and products.
- to continuously evaluate and improve the online and mobile user experience.
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 email@example.com.
- Network Advertising Initiative (NAI)
- Browser Opt-Out: http://www.networkadvertising.org/choices/
- Digital Advertising Alliance (DAA)
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.
5. Use of Your Profile Pictures and Other Job-related Pictures
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.
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.
- Data Analytics: We retain third-party service Independent Contractors to help us perform data analytics regarding your interactions with the BodyFixers via Phyx Platform. For example, we use Google Analytics Service for purposes of analyzing usage of the BodyFixers via Phyx Platform. You can find information about Google’s privacy practice at: https://www.google.com/policies/privacy/partners. We also use Braze, Branch Metrics, and Mixpanel to collect and provide reports to us showing your interaction with the BodyFixers via Phyx Platform, and to assist BodyFixers via Phyx with its marketing and transactional communications.
- Payment Processing:We use Stripe to process any billing information between Users and between Users and us, including credit card information Users submit. You can find information about Stripe’s privacy practice at https://stripe.com/us/privacy.
- Background Checks Service Independent Contractors:We use Checkr for purposes of performing background checks on Independent Contractors that register to perform Services for Customers on the BodyFixers via Phyx Platform. During the registration process, the information you provide to Checkr is transmitted using SSL encryption, which is a primary tool in protecting sensitive operations with web servers during data transport of information that allows for a secure connection between the two parties. You can find information about Checkr’s privacy practice at: https://checkr.com/privacy-policy/.
- Charitable Donation Programs:We may offer opportunities within the BodyFixers via Phyx Platform for Users to donate to charitable organizations. If you voluntarily agree to donate to a charitable organization by taking affirmative steps within the BodyFixers via Phyx Platform, then you hereby authorize BodyFixers via Phyx to provide your Information to such charitable organization to facilitate your donation to their charitable campaign.
- Other Users: When you agree to provide Services as an Independent Contractor, we will display certain information about you to the Customer who requested the work, including your name, photograph, geo-location, and rating. When you submit a Service request as a Customer, we will display certain information about you to Independent Contractors, including your name, address, photograph(s) (if any), rating, video(s), prior client feedback/remarks, and notations regarding the services and the engagements that were rendered for client comfort and quality assurances.
- Social Networking and Other Websites:The BodyFixers via Phyx Platform may allow you to share information, including Personal Information, with social networking websites, such as Facebook, Google, etc. Except for our marketing and advertising purposes, we do not share your Personal Information with them unless you specifically authorize it. If you choose to log in to the BodyFixers via Phyx Platform through social networking websites, we may share information about your account with the social networking site. Their use of the information will be governed by their privacy policies, and you may be able to modify your privacy settings on their websites.
- Legal and Similar Disclosures:We may access, preserve, and disclose collected information, if we believe doing so is required or appropriate in the following situations: to comply with law enforcement requests and legal process, such as a court order or subpoena; to respond to your requests; or to protect your, our, or others’ rights, property, or safety. We may also disclose your Personal Information as part of a dispute among Users or between Users and BodyFixers via Phyx as well as to an attorney or arbitrator in the process of obtaining legal advice.
- Merger, Sale, or Other Asset Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of BodyFixers via Phyx assets, or transition of service to another Independent Contractor, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.
- With Your Permission: We may also disclose your Personal Information with your permission as set forth herein.
- Research and Development: We may use the information we collect for testing, research, analysis and product development. This allows us to improve and enhance the safety and security of our services, develop new features and products, and facilitate insurance and finance solutions in connection with our services.
7. Information Collected by Cookies and Other Technologies
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.
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 firstname.lastname@example.org to change information you may not be able to access through your account.
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.
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 email@example.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.
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.
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. 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/losses up to but not exceeding 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”.
It is the sole responsibility of the contractor to provide proof of licensure and or certification when required. It is the responsibility of the contractor to operate within any federal, state or practice act regulations for their profession in regard to ethics, conduct and scope of practice.
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. 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 firstname.lastname@example.org or by phone 1(866)-6-BODY-FIX #4 (support)