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MASSAGE ENVY

PRIVACY POLICY

Effective Date: This Privacy Policy (“Privacy Policy” or “Policy”) was last updated on January 21, 2020.

This Privacy Policy describes how information obtained from visitors of the www.massageenvy.com website (the “Website”), the Massage Envy® Mobile Application (the “Mobile Application”), and the Massage Envy® In-Store Forms Application (the “In-Store Application”) (the Mobile Application and In-Store Application are collectively the “Applications”) is collected, used, and disclosed. 

Through the Website and/or the Application(s), ME SPE Franchising, LLC and/or Massage Envy Franchising, LLC (collectively “MEF, LLC”) is providing you with information about products and services offered at independently owned and operated Massage Envy® franchised locations, including massage and facial sessions, along with (a) the ability to schedule, modify, and/or cancel appointments with any independently owned and operated Massage Envy® franchised location; (b) provide information to and complete forms with your independently owned and operated Massage Envy® franchised location regarding massage and facial sessions; (c) enter into and use benefits under any Wellness Agreement entered into with your independently owned and operated Massage Envy® franchised location; (d) purchase and/or redeem gift cards at any independently owned and operated Massage Envy® franchised location; (e) purchase massage and facial sessions and product at any independently owned and operated Massage Envy® franchised location as a guest; (f) view information about and find the independently owned and operated Massage Envy® franchised location nearest you; (g) request franchise information; (h) complete customer satisfaction surveys about any independently owned and operated Massage Envy®  franchised location; (i) view opportunities to apply for employment with a Massage Envy® independently owned and operated franchised location; and/or (j) apply for job openings at MEF, LLC corporate (collectively, the “Service”).

 

Please note that this Policy applies to information collected by MEF, LLC and/or independently owned and operated Massage Envy® franchised locations through the Website and/or Applications. Your use of the Website, Application(s), and/or any information or content provided on any of them, any Service, and/or any service or product provided by or purchased from an independently owned and operated Massage Envy® franchised location and any dispute over privacy is subject to this Policy and the Terms and Conditions, including its applicable limitations on damages and the resolution of disputes. The Terms and Conditions are incorporated by reference into this Policy.

 

  1. INFORMATION COLLECTION

MEF, LLC and/or independently owned and operated Massage Envy® franchised locations may collect information about you directly from you and from third parties, as well as automatically through your use of the Website, Application(s), and/or Service.

Information collected directly from you:

When you use the Website, Application(s), and/or Service, certain areas or features may require you to provide personal information. If you request an appointment at an independently owned and operated Massage Envy® franchised location, that independently owned and operated Massage Envy® franchised location collects your name, email address, phone number, etc. (“Personally Identifiable Information” or “PII”), and information about your desired appointment (e.g., your desired date, time, and services). If you make a purchase through the Website, MEF, LLC will collect your payment information, including your PII and billing and shipping information. MEF, LLC also collects information from you when you contact MEF, LLC such as if you request information about an independently owned and operated Massage Envy® franchised location. When you contact MEF, LLC, MEF, LLC requests your PII, geographic location, and information about the purpose of the contact and collects this information. MEF, LLC also collects information about you, including your PII, the position for which you are applying, and information concerning your qualifications, prior work experience, references, and the like when you make an inquiry or submit an application for a position with MEF, LLC through the Careers page on the Website. 

If you make a reservation through the Mobile Application, the independently owned and operated Massage Envy® franchised location at which you make a reservation will collect your PII and payment information. If you contact an independently owned and operated Massage Envy® franchised location, that location may also collect information, including your PII. When you contact an independently owned and operated Massage Envy® franchised location, that location may request your name and other PII, geographic location, and information about the purpose of your contact. When you submit an application through the Careers page on the Website for a position at a particular independently owned and operated Massage Envy® franchised location, that location may collect information about you including your PII, the position for which you are applying, and information concerning your qualifications and prior work experience.

Information collected from third parties:

MEF, LLC and/or independently owned and operated Massage Envy® franchised locations also may collect information about you from third parties. For example, if someone purchases a gift card through the Website, MEF, LLC may collect the recipient’s and the purchaser’s PII and the purchaser’s payment information.

MEF, LLC and/or an independently owned and operated Massage Envy® franchised location may also supplement or verify information about you from a service provider.

Information collected automatically:

MEF, LLC may automatically collect the following information about your use of the Website, Application(s), and/or Service through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit the Website, Application(s), and/or use the Service; and the referring URL or the webpage that led you to the Website. MEF, LLC does not link the information that is automatically collected to any PII you submit while on the Website and/or while using the Application(s). Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

 

  1. HOW YOUR INFORMATION IS USED

MEF, LLC and/or independently owned and operated Massage Envy® franchised locations may use your information, including your PII, for the following purposes:

  • To fulfill or meet the reason the consumer provided the information. For example, if a consumer shares their name and contact information to request a price quote or ask a question about our products or Services, we will use that PII to respond to your inquiry. If you provide your Personally Identifiable Information to purchase a product or Service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop our Website, products, and Services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our Website, products and Services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and Services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your Personally Identifiable Information.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of MEF, LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personally Identifiable Information held by MEF, LLC about our Website users is among the assets transferred.

Notice to California Residents

For information regarding the categories of personal information collected from California residents and the purposes for which the categories of personal information will be used, please click on the following link: CCPA Privacy Policy. If you are a California resident and want to opt-out of the sale of your personal information, please click on the following link: Do Not Sell My Personal Information.

 

Notice to Nevada Residents
Nevada law allows consumers to direct certain businesses not to sell their Personally Identifiable Information to third parties to license or sell that information to additional third parties. If you are a Nevada resident, you may submit such opt-out requests to Privacy@MassageEnvy.com. To be effective, your request must include your full name, address, phone number, and email address [or other information reasonably necessary to verify the authenticity of the consumer request]. MEF, LLCwill endeavor to respond to your verified request within 60 days of receiving the request. However, due to unforeseen circumstances, MEF, LLC may need to extend this period by up to 30 days. If an extension is reasonably necessary, MEF, LLC will notify you of this during the initial 60-day period.

 

3. SHARING INFORMATION

Neither MEF, LLC nor independently owned and operated Massage Envy® franchised locations will share your credit card number or any other financial information with any third party except to complete your transaction and to verify your credit card information. MEF, LLC and/or independently owned and operated Massage Envy® franchised locations may share your PII with third parties in the following instances:

Legal Disclaimer:

MEF, LLC and/or independently owned and operated Massage Envy® franchised locations shall disclose PII when required by law or under the good-faith belief that such action is necessary under applicable law. MEF, LLC and/or independently owned and operated Massage Envy® franchised locations may disclose PII in order to establish or exercise its or their legal rights or defend against legal claims. MEF, LLC and/or independently owned and operated Massage Envy® franchised locations also may share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, to protect MEF, LLC’s and/or independently owned and operated Massage Envy® franchised locations’ property or interests or that of their agents and employees, and to protect guests of an independently owned and operated Massage Envy® franchised location, personal safety, and/or the public.

Aggregate Information (non-personally identifiable):

MEF, LLC and/or independently owned and operated Massage Envy® franchised locations may share some aggregated demographic information (age, zip codes) with some of their partners. This is not linked to any PII. MEF, LLC and/or independently owned and operated Massage Envy® franchised locations may use third-party advertising companies to serve ads on its/their behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness.

Third-Party Service Providers:

MEF, LLC and/or independently owned and operated Massage Envy® franchised locations may disclose information about individual users to third parties who provide services to MEF, LLC and/or independently owned and operated Massage Envy® franchised locations or have a contractual relationship with MEF, LLC or an independently owned and operated Massage Envy® franchised location. These third parties provide a variety of services to MEF, LLC and/or independently owned and operated Massage Envy® franchised locations, including, without limitation, processing and verifying credit card information, tracking internet marketing campaigns, and processing credit card transactions. In addition, these third-party services may include enhancing the information MEF, LLC and/or independently owned and operated Massage Envy® franchised locations collect about customers of the franchised locations. MEF, LLC and/or independently owned and operated Massage Envy® franchised locations may also use third-party email providers to assist with sending marketing emails for MEF, LLC or on behalf of independently owned and operated Massage Envy® franchised locations. These companies do not retain, share, store, or use PII for any secondary purposes. Any PII that MEF, LLC and/or any independently owned and operated Massage Envy® franchised location shares with any third-party service provider may only be used to provide services to MEF, LLC and/or independently owned and operated Massage Envy® franchised locations and the service providers will not be given permission to use such information for other purposes such as contacting guests of an independently owned and operated Massage Envy® franchised location.

Business Transitions:

In the event MEF, LLC goes through a business transition, such as a merger, an acquisition by another company, or a sale of all or a portion of its assets, PII of users collected by MEF, LLC through the Website and/or Application(s) will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on the Website and Application(s) for 30 days after a transfer of their PII, if PII will be used contrary to this policy. If as a result of the business transition, the users’ PII will be used in a manner different from that stated at the time of collection, users will be given the option to continue to share their information consistent with the notification of changes section on this Website and/or Application(s). As a result of the business transition, you may elect to discontinue the sharing of your PII and such information will not be transferred to the new entity. However, nothing in this Privacy Policy is intended to interfere with the ability of MEF, LLC to transfer all or part of its business and/or assets (including the Website), for any purposes, without any limitation whatsoever. MEF, LLC specifically reserves the right to transfer or share a copy of PII collected from the Website and/or Application(s) to the entity to whom that portion of its business relating to that information is transferred. 

In the event an independently owned and operated Massage Envy® franchised location goes through a business transition, such as a merger, an acquisition by another company, or a sale of all or a portion of its assets, PII of users collected by such independently owned and operated Massage Envy® franchised location through the Website and/or Application(s) will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on the Website and Application(s) for 30 days after a transfer of their PII if PII will be used contrary to this policy. You hereby acknowledge and agree that the ME Entities (as defined in the Terms and Conditions) are not responsible for any damages, harm, or violation of law that may arise from the failure of an independently owned and operated Massage Envy® franchised location to provide this notification to you. If, as a result of the business transition, the users’ PII will be used in a manner different from that stated at the time of collection, users will be given the option to continue to share their information consistent with the notification of changes section on this Website and/or Application(s). As a result of the business transition, you may elect to discontinue the sharing of your PII and such information will not be transferred to the new entity. However, nothing in this Privacy Policy is intended to interfere with the ability of an independently owned and operated Massage Envy® franchised location to transfer all or part of its business and/or assets, for any purposes, without any limitation whatsoever. Independently owned and operated Massage Envy® franchised locations specifically reserve the right to transfer or share a copy of PII collected from the Website and/or Application(s) to the entity to whom that portion of its business relating to that information is transferred.

 

  1. COOKIES AND OTHER TRACKING MECHANISMS:

MEF, LLC, independently owned and operated Massage Envy® franchised locations, and/or our third-party service providers use cookies and other tracking mechanisms to track information about your use of the Website and/or Service. MEF, LLC and/or independently owned and operated Massage Envy® franchised locations may combine this information with other PII collected from you (and third-party service providers may do so on behalf of MEF, LLC and/or independently owned and operated Massage Envy® franchised locations).

Cookies:

Cookies are alphanumeric identifiers that MEF, LLC transfers to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow MEF, LLC to make it easier for you to navigate the Website and Service, while others are used to enable a faster log-in process or to allow MEF, LLC to track your activities at the Website and Service. There are two types of cookies: session and persistent cookies.

  • Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. MEF, LLC uses session cookies to allow its systems to uniquely identify you during a session or while you are logged into the Website. This allows MEF, LLC to process your online transactions and requests and verify your identity, after you have logged in, as you move through the Website.
  • Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. MEF, LLC uses persistent cookies to track aggregate and statistical information about user activity.

Disabling Cookies:

Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to the Website who disable cookies will be able to browse certain areas of the Website, but some features may not function.

Clear GIFs, pixel tags, and other technologies:

Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. MEF, LLC may use clear GIFs (a.k.a. web beacons, web bugs, or pixel tags), in connection with the Website to, among other things, track the activities of Website visitors, help MEF, LLC manage content, and compile statistics about Website usage. MEF, LLC and our third-party service providers also use clear GIFs in HTML emails to customers of independently owned and operated Massage Envy® franchised locations to help MEF, LLC track email response rates, identify when emails are viewed, and track whether emails are forwarded, for example. Third party vendors may also use pixels and tags on social media posts, ads and chatbots to track click through rates to the Massage Envy website.

Third-Party Analytics:

MEF, LLC uses automated devices and applications, such as Google Analytics, to evaluate usage of the Website and, to the extent permitted, the Application(s). MEF, LLC and/or independently owned and operated Massage Envy® franchised locations also may use other analytic means to evaluate the Service. MEF, LLC uses these tools to help it improve the Service, performance, and user experiences. These third-party entities may use cookies and other tracking technologies to perform their services. MEF, LLC and independently owned and operated Massage Envy® franchised locations do not share your PII with these third parties, however.

Do-Not-Track:

Currently, the Website and Application(s) do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third-Party Ad Networks section below.

Third-Party Ad Networks:

MEF, LLC uses third parties, such as network advertisers, to serve advertisements on third-party websites or other media (e.g., social media platforms). This enables MEF, LLC and these third parties to target advertisements to you for products offered by MEF, LLC and products and services offered by independently owned and operated Massage Envy® franchised locations in which you might be interested. Third-party ad network providers, advertisers, sponsors, and/or traffic measurement services may use cookies, JavaScript, links, web beacons (including clear GIFs), Flash LSOs, and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one.

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by third-party companies who are NAI members. 

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will remove you from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through the Website or on other third-party websites. Even if you opt out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page, you may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

 

  1. COMMUNICATIONS FROM THE WEBSITE AND/OR APPLICATION(S) AND YOUR CHOICES

Transactions and Service Announcements:

Users who make a purchase or reservation through the Website and/or Mobile Application will receive a number of emails and/or text messages throughout the transaction process and they may sometimes receive phone calls from MEF, LLC’s Customer Service Department and/or independently owned and operated Massage Envy® franchised locations to ensure smooth transactions. MEF, LLC and/or independently owned and operated Massage Envy® franchised locations may also occasionally send out service-related announcements, for instance, if service on the Website is temporarily suspended for maintenance. Generally, these communications are not promotional in nature, and users will receive them as long as their accounts are open.

 

Special Offers, Newsletters, and Updates:

Out of respect for the privacy of users, MEF, LLC and independently owned and operated Massage Envy® franchised locations present the option to not receive these types of communications, as explained in the Choice and opt-out section below.

Choice and opt-out:

A user can change their opt-in or opt-out status in several ways:

  • From a Newsletter: Click on the “Unsubscribe” link within the email.
  • You may additionally unsubscribe by sending your request to Privacy@MassageEnvy.com
  1. SECURITY

MEF, LLC and independently owned and operated Massage Envy® franchised locations take reasonable precautions to protect users’ information. When users submit information via the Website and/or Application(s), MEF, LLC and independently owned and operated Massage Envy® franchised locations take steps to protect users’ information both online and off-line.

Although MEF, LLC and independently owned and operated Massage Envy® franchised locations endeavor to create secure and reliable Websites and Application(s) and to safeguard against unauthorized disclosures of information, neither MEF, LLC nor independently owned and operated Massage Envy® franchised locations can assure you that PII that MEF, LLC and/or independently owned and operated Massage Envy® franchised locations collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.

You hereby acknowledge and agree that, to the extent permissible by applicable law, the ME Entities (as defined in the Terms and Conditions) are not responsible for any intercepted information sent via the internet or through the Application(s), and you hereby release, to the extent permissible by applicable law, the ME Entities from any and all claims arising out of or related to the use of any intercepted information in a manner that may violate this Privacy Policy, the law, and/or your personal privacy.  This paragraph does not apply to conduct that is covered by the California Consumer Privacy Act of 2018, California Civil Code sections 1798.100 et seq.

 

  1. USER GENERATED CONTENT

MEF, LLC invites you to post content on the Website, including your comments, résumé, or CV, and any other information that you would like to be available on the Website. If you post content on the Website, all of the information that you post will be available to authorized personnel of MEF, LLC and/or independently owned and operated Massage Envy® franchised locations.

If you post your own content on the Website, your posting may become public and MEF, LLC and independently owned and operated Massage Envy® franchised locations cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, and/or your personal privacy. You hereby acknowledge and agree that the ME Entities (as defined in the Terms and Conditions) are not responsible for use of any such posted information, and you hereby release the ME Entities from any and all claims arising out of or related to the use of any such posted information in a manner that may violate this Privacy Policy, the law, and/or your personal privacy.

 

  1. EXTERNAL LINKS

The Website and/or Application(s) may contain links to other websites maintained by third parties. Please be aware that MEF, LLC exercises no control over linked sites and the ME Entities (as defined in the Terms and Conditions) are not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any Personally Identifiable Information and/or other information. You hereby acknowledge and agree that the ME Entities (as defined in the Terms and Conditions) are not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release the ME Entities (as defined in the Terms and Conditions) from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.

 

  1. CHILDREN UNDER 13

The Service is not designed for children under 13. If MEF, LLC and/or an independently owned and operated Massage Envy® franchised location discovers that a child under 13 has provided PII to MEF, LLC and/or an independently owned and operated Massage Envy® franchised location, MEF, LLC and/or the independently owned and operated Massage Envy® franchised location will delete such information from its/their systems.

If you discover that your child who is under 13 has provided PII through the Website and/or Application(s) and you wish that such PII be deleted, please contact us via Postal Mail at: Massage Envy Franchising, LLC; Attn: General Counsel; 14350 N 87th St, Ste 200; Scottsdale, AZ 85260, or by email at Privacy@MassageEnvy.com.

You hereby acknowledge and agree that the ME Entities (as defined in the Terms and Conditions) are not responsible for any PII provided by a child under 13 sent via the Website or through the Application(s) without the ME Entities’ (as defined in the Terms and Conditions) knowledge, and you hereby release the ME Entities (as defined in the Terms and Conditions) from any and all claims arising out of or related to the use of any such information in a manner that may violate this Privacy Policy, the law, and/or your personal privacy.

 

  1. CONTACT US

Users with questions or concerns regarding their privacy or this Privacy Policy should contact Privacy Statement Personnel via Postal Mail at: Massage Envy Franchising, LLC; Attn: General Counsel; 14350 N 87th St, Ste 200; Scottsdale, AZ 85260, or by email at Privacy@MassageEnvy.com.

 

  1. CHANGES IN THIS PRIVACY POLICY

If MEF, LLC decides to change this Privacy Policy, MEF, LLC will post those changes to this page on the Website and other places MEF, LLC deems appropriate so that you are aware of what information MEF, LLC and/or independently owned and operated Massage Envy® franchised locations collect, how it is used, and under what circumstances, if any, it is disclosed or shared.

MEF, LLC reserves the right to modify this Privacy Policy at any time, so please review it frequently. If MEF, LLC makes material changes to this Policy, MEF, LLC will notify you here, by email at the most recent email address, if any, you provided to us, or by means of a notice on the Website and/or Application(s).