Privacy Policy
Embody Physical Therapy & Wellness Privacy and Cookie Policy
INTRODUCTION
This Privacy and Cookie Policy (together with our terms and conditions and any other documents referred to in it) describes the type of information that we collect from you ("you/your") through the use of our services, or the use of our website, embodyptwell.com ("Website"), how that information may be used or disclosed by us and the safeguards we use to protect it.
Our Website may contain links to third party websites that are not covered by this Privacy and Cookie Policy. We therefore ask you to review the privacy statements of other websites and applications to understand their information practices.
We have drafted this Privacy and Cookie Policy to be as clear and concise as possible. Please read it carefully to understand our policies regarding your information and how we will treat it. By using or accessing our Website, you agree to the collection, use and disclosure of information in accordance with this Privacy and Cookie Policy. This Privacy and Cookie Policy may change from time to time and your continued use of the Website is deemed to be acceptance of such changes, so please check periodically for updates.
Please check back regularly to keep informed of updates to this Privacy and Cookie Policy. Please read this Privacy and Cookie Policy carefully and ensure that you understand it. Your acceptance of our Privacy and Cookie Policy is deemed to occur upon your first use of our Website. If you do not accept and agree with this Privacy and Cookie Policy, you must stop using our Website immediately.
If you have any comments on this Privacy and Cookie Policy, please email them to emily@embodyptwell.com
WHO WE ARE
Here is some information about us and our business:
Our company name is Embody Physical Therapy & Wellness, LLC
Our registered address is at 58 Lakeshore Drive, Hopkinton MA, 01748
Our representative is Emily Everton and she may be contacted at emily@embodyptwell.com
We respect your right to privacy and will only process personal information about you in accordance with applicable privacy laws. All personal data is handled in accordance with the Freedom of Information and Protection of Privacy Act, and the Personal Health Information Protection Act.
WHAT WE MAY COLLECT
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity Data includes first name, last name, username or similar identifier. When you email, phone or otherwise, we may collect information such as your first name, last name, email address and phone number.
Health Data including your weight, height, medical history, previous exercise history and other related data.
Contact Data includes billing address, invoicing address, email address and telephone numbers.
Financial Data includes bank account and payment card details.
Transaction Data includes details about payments.
Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this Website.
Profile Data includes your username and password, reservations made by you, your interests, preferences, feedback and survey responses.
Usage Data includes information about how you use our Website.
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
Interaction Data includes any information that you might provide to any discussion forums on the Website.
Cookies Data. Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies'?" section below for information about cookies and how we use them and what kind.
Third Parties and Information we receive from other sources. We may receive information about you if you use any of the other websites we operate, including but not limited to our platform provider. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on our Website. We are also working closely with third parties (including, for example, business partners, suppliers, sub-contractors, advertising networks, analytics providers, and search information providers) and may receive information about you from them.
Analytics includes third-party analytics Program (such as Google Analytics) to evaluate your use of the Website, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to our Website and internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the Website, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy and Cookie Policy.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy and Cookie Policy.
Where we collect Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data) and it is necessary to do so for our business, we will obtain your specific consent, unless we have another lawful basis to do so.
We will ensure that your personal data is processed lawfully, fairly, and transparently, without adversely affecting your rights, and in accordance with applicable law.
If we receive personal information in the course of providing the services to you from another data subject, we expect you to have complete responsibility for ensuring that the contents of this Privacy and Cookie Policy are brought to their attention and you have obtained their consent in the process.
In some instances, it may be appropriate for us to combine your information with other information that we may be holding about you, such as combining your name with your geographic location or your browsing or purchasing history.
We do not collect any personal information for any person under the age of 16.
HOW WE MAY COLLECT AND USE YOUR DATA
We (or third party data processors, agents and subcontractors acting on our behalf) may collect, store and use your personal information by way of different methods to collect data from and about you including through:
Direct interactions. You may give us your information by filling in forms via our Website or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
Present Website content; or
Sign up for our services.
In addition to the above, we may use the information in the following ways:
To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
To administer a contest, promotion, survey or other site feature.
If you have opted-in to receive a publication from us, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to section 4.9 below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs and 'members-only' content will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
Present Website content effectively to you.
Provide information, and services that you request, or (with your consent) which we think may interest you.
Carry out our contracts with you.
Provide the relevant Service to you
Tell you our charges.
If you are already our customer, we will only contact you electronically about things similar to what was previously sold to you.
If you are a new customer, you will only be contacted if you agree to it.
We may keep a record of those links which are used the most to enable us to provide the most helpful information but we agree to keep such information confidential and you will not be identified from this information.
In addition, if you don't want us to use your personal data for any of the other reasons set out in this section 4, you can let us know at any time by contacting us at emily@embodyptwell.com, and we will delete your data from our systems. However, you acknowledge this will limit our ability to provide the best possible service to you.
In some cases, the collection of personal data may be a statutory or contractual requirement, and we will be limited in how we can provide the services to you if you don't provide your personal data in these cases.
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
Where we need to perform the contract we are about to enter into or have entered into with you.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to our marketing communications or sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent emily@embodyptwell.com and we will either delete your data from our systems or move your data to our "unsubscribe list". However, you acknowledge this will limit our ability to provide the best possible services to you.
As already indicated above, with your permission and/or where permitted by law, we may also use your data for marketing purposes which may lead to us contacting you by email and/or telephone with information, news and offers on our services. We agree that we will not do anything that we have not agreed to under this Privacy and Cookie Policy, and we will not send you any unsolicited marketing or spam. We will take all reasonable steps to ensure that we fully protect your rights and comply with our obligations under applicable privacy laws.
Specifically, we use the following third party service providers, who may have access to some of your personal data:
Third party payment providers, through which we may accept payments; and
Our third party service providers, where those providers are involved in delivering services to you.
We have undertaken due diligence in respect of our service providers to ensure your personal data is adequately protected.
COOKIES
All Cookies used by and on our Website are used in accordance with applicable law.
We use cookies to distinguish users and improve our Website.
Cookies are small text files placed on your device when you visit our site and are used to make the users experience more efficient. We are able to store cookies on your computer where they are necessary for the operation of the site however, for non-essential cookies we need your permission.
We do not track individual users or use cookies to identify individuals. We use cookies to recognise you and your preferences, improve our site's performance and collect analytical information for ourselves and our business partners. Without the knowledge gained we would not be able to provide the service we do.
'Session cookies' allow us to track your actions during a single browsing session, but they do not remain on your device afterwards.
'Persistent cookies' remain on your device between sessions. We use them to authenticate you and to remember your preferences. We can also use them to balance the load on our servers and improve your experience on our site.
Session and persistent cookies can be either first or third party cookies. A first-party cookie is set by the Website being visited; a third-party cookie is set by a different website. Both types of cookie may be used by us or our business partners.
Third Party Cookies we use include: Google Analytics, which is a web analytics service provided by Google, Inc. The cookies used by Google Analytics help us to analyze how users use the site and to count the number of people who use the site. Google Analytics stores your IP address anonymously and neither us or Google associate your IP address with any personally identifiable information.
All our cookies are categorized by the role they fulfill on our Website:
Strictly Necessary: these are essential to enable you to move around our Website and use features such as secure services. Without these cookies such services could not be provided;
Functionality: allow the website to remember your choices and to personal certain features. These cookies may be anonymised and cannot track your browsing activity on other websites; and
Performance: collect information as to how users use the Website. These cookies don't collect information that identifies a visitor. The information collected is aggregated and used to improve our Website.
None of the cookies employed are classified as Behavioural Targeting.
If at any time you wish to disable our cookies, you may do so through the settings on your browser. However, if you choose to disable or delete our cookies that will prevent certain important areas and features of our service from functioning properly. (but if you do so you will not be able to use certain important features of our service). You can find additional information at AboutCookies.org.
Notwithstanding, the audit undertaken regarding our cookies, it is possible we may have missed one from our list above. If you happen to find one that is being set on our site, please let us know.
DISCLOSING YOUR INFORMATION
We are allowed to disclose your information in the following cases:
If we want to sell our business, or our company, we can disclose it to the potential buyer;
We can disclose it to other businesses in our group ;
We can disclose it if we have a legal obligation to do so, or in order to protect other people's property, safety or rights; or
We can exchange information with others to protect against fraud or credit risks.
We may contract with third parties to supply services to you on our behalf. These may include payment processing, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. For details of the third parties that have access to your data, please contact us at emily@embodyptwell.com
Where any of your data is required for such a purpose, we will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights and our obligations.
LINKS TO OTHER SITES
Please note that our terms and conditions and our policies will not apply to other websites that you get to via a link from our Website. We have no control over how your data is collected, stored or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
CHANGES
If we change our Privacy and Cookie Policy, we will post the changes on this page. If we decide to, we may also email you.
YOUR CONSENT
By using our Website and by way of acknowledgment, you consent to our Privacy and Cookie Policy.
DISPUTE RESOLUTION
The parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Privacy and Cookie Policy or any breach of it.
Any dispute shall not affect the parties' ongoing obligations under this Privacy and Cookie Policy.
Embody Physical Therapy & Wellness Terms & Conditions
These are the terms and conditions for the services provided by Embody Physical Therapy & Wellness, LLC of 58 Lakeshore Drive, Hopkinton MA, 01748 (“we” or “us”) and for the website embodyptwell.com (the “website”). These terms and conditions were last updated in March 2024.
These terms and conditions apply, and form a legally binding contract between you and us, when you use the website and when you purchase our Services. If you don’t agree to these terms and conditions, please do not proceed to use our website or purchase our Services.
OUR SERVICES
We offer online coaching services (the “Services”) to clients worldwide and physical therapy services (the “Services”) to clients residing in Massachusets.
We provide physical therapy, coaching, and advice to the best of our knowledge and training. However, we do not guarantee any results or outcomes from our Services. You acknowledge that results vary based on individual circumstances and the time and effort put into the Services by each individual client.
The Services involve the following:
We provide Services on a per-session basis or in an agreed upon package. This entails you booking a time for a session and we will provide you with the relevant treatment interventions, advice, and assistance you require during that session
Payment for the Services is required at the time of delivery of the session unless other arrangements have been made.
If you cancel a session within 24 hours of the session time, you will be charged the full cost of the session. Special circumstances are considered on a case by case basis.
If your scheduled session conflicts with another session, we will contact you to rearrange the session for another time.
We may, from time to time, suggest certain tools that would be helpful to you to get the most out of the Services. However, these are suggestions only, and we do not guarantee the quality of any such equipment, or warrant that you will get certain results from using such equipment.
We deliver the coaching Services via an online platform, Jane. We do not warrant or guarantee that Jane will always be available to you, or that there will be no downtime when using Jane. Jane has its own terms and conditions, which will apply to your use of the Jane service.
We may change the nature of the Services from time to time to deliver the best possible service to you, or because we have to due to law or regulation.
You acknowledge and agree that everything associated with the Services, including PT interventions, exercise, advice, training methods, techniques, documentation and other materials provided to you, are our exclusive property and you may not copy, transfer or provide to a third party any of this information. Doing so is a breach of these terms and conditions, and will entitle us to terminate these terms and conditions immediately (without providing you with a refund) and to take appropriate legal action (including seeking equitable remedies).
We require you to provide us with certain information in order to provide the highest quality Services to you. You understand that failure to provide certain necessary information to us may
USE OF TESTIMONIALS
You allow us to publicly use and disseminate your testimonials on social media and in our marketing material, including on our website.
DATA PROTECTION
We will need to obtain and process your personal data as part of tailoring the Services to your needs and requirements. Examples of some of the personal data that may be requested are:
Name, age/date of birth, home address, contact details
(the “Personal Data”).
The Personal Data is required so that we can fully and effectively provide the Services and monitor progress. This data will not be shared with third parties. You may withdraw your consent to us holding this data at any time, by emailing emily@embodyptwell.com, but please note that this will mean we are unable to continue to provide you with the Services.
For more information on how we handle personal data, please visit our privacy policy.
USE OF OUR WEBSITE
The information contained on our website is not directed to, nor intended for, distribution or use by any person or entity in any jurisdiction where the publication or availability of this website, or such distribution or use, would be contrary to local laws or regulation. You should not access the website/information on the website if you know that the access would contravene applicable, local, national or international laws.
You have permission for temporary use of the website, but we can withdraw or change the website at any time without telling you and without being legally responsible to you. You are only eligible to use the website if you are at least 18 years of age, or have capacity to form a binding contract, and if you are not a user barred from accessing the website under applicable law. Your use of the website must not violate any applicable law or regulation.
You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
If you allow anyone else to use our website, you must make sure that they read these terms first, and that they follow them.
Only use the website as allowed by law and these terms. If you don't, we may suspend your usage, or stop it completely.
We frequently update the website and make changes to it, but we don't have to do this, and material on the website may be out-of-date. No material on the website is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the website by anyone. We are not liable for any technical errors, maintenance, work, damage, wrongful use, unauthorized access to the website, or any content you upload to the website.
You are responsible for configuring the computer or device used to access the website, and the software to access the material and content on the website, including downloadable files. We do not guarantee that the way in which we deliver data to you is compatible with your software. We do our best to protect the website, but are not responsible for bugs, viruses etc., and are not liable for damage or loss caused by a virus, distributed denial of service attack or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our website, downloading any content from it or using any website linked to it.
We do not warrant that your use of the website will be uninterrupted. We are not responsible for any loss or damage suffered as a result of any interruptions or errors, and you acknowledge that the site may be subject to limitations, delays or other issues.
We do our best to provide the most accurate information possible. However, we cannot ensure that our site is completely error free, or that it will not become outdated. Therefore, we do not provide any warranty or other assurances as to the completeness, accuracy, timeliness or fitness for particular purposes of any of the content or materials contained within the website.
We are also not liable for any third party content on the website, and do not endorse what this content may contain.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or licensee of all intellectual property rights in the website (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.
You are allowed to print one copy and download extracts of any page on the website for your personal reference, but not for commercial use without a license from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them. You must not change, copy, reproduce or translate anything on the website without our consent. You are not permitted to license, sell, rent, lease, transfer, assign, distribute, exploit or otherwise make any documents or online resources from the website available to any third party.
If you breach these terms and conditions, you lose your right to use our website, and must destroy or return any copies you have made.
By using our website, reviewing content or otherwise interacting with us online, you understand and acknowledge that there is no physical therapist-client relationship created. Physical therapy-client relationships can only be formed after you have purchased a session with us. The website cannot provide individual legal advice, opinions or recommendations.
COMPUTER OFFENSES
If you do anything which is a criminal offense under the Computer Misuse Act 1990, your right to use the website will end straightaway. We will report you to the relevant authorities and give them your identity.
Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
You must not try to get access to our website or server or any connected database or make any 'attack' on the website. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our website.
LINKS TO OUR WEBSITE
You are allowed to make a legal link to our website's homepage from your website provided the content on your website meets our standards, it is done so fairly and legally, and does not damage our reputation or take advantage of it. We can end this permission at any time.
You must not suggest any endorsement by us or association with us unless we agree in writing.
LINKS FROM OUR WEBSITE
Links from our website to other websites are for information only. We don't control them and don't accept responsibility for other websites or any materials found upon them or any loss you suffer from using them.
LIABILITY AND GENERAL PROVISIONS
Our liability under these terms and conditions is limited to the total price paid by you for the Services.
Nothing in these terms and conditions shall exclude any liability under the law that cannot be excluded, including death or personal injury caused by negligence.
The parties hereby agree that these terms and conditions, and any non-contractual obligations arising hereunder, shall be governed by the laws of Massachusetts, and the courts of Massachusetts shall have exclusive jurisdiction.
These terms and conditions represent the entire understanding and agreement between the parties with respect to the subject matter of these terms and conditions, and supersedes all other negotiations, understandings, and representations, if any, may by and between the parties. No representation, inducement, promise or agreement, oral or otherwise, is embodied in these terms and conditions or any other agreement related to these terms and conditions and expressly references herein is of any force and effect.