This Policy applies to our Site, its web pages and any website that references this Policy, along with any of our operated websites and platforms, as well as any data we may collect across partnered and unaffiliated websites.
This Policy also applies to PI collected through the mobile version of our Site, independently of the mobile operative system, mobile device or browser you use to access it.
The following defined terms will be used in this Policy, whether they are used in the singular or plural form, or in the masculine or feminine form.
Expat Spanish Lessons shall be referred to as “ESL” and “our”, “us” or “we”.
www.expatspanishlessons.com shall be referred to as the “Site”
A visitor or end user of our Site is referred to as “you”, “your(s)” or “yourself”.
Personally Identifiable Information shall be referred to as “PI”
Terms and Conditions of Service shall be referred to as the “Terms”
PI, as described in various privacy laws and information security standards, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context.
In addition, the terms “collect”, “process”, “treat”, “use”, “share”, “disclose”, “divulge” and analogous words shall be refer to your PI and other data collected from our visitors and end users.
User Agreement & Registration.
As a user of our Site, you will be asked to agree to this Policy by clicking on the “I Agree” checkbox on the registration form, pop-up box or other analogous means. Through that action, you thereby acknowledge and agree to the terms of this Policy, which is and constitutes a legal, binding agreement between you and ESL.
Overall, this Policy is freely available for your review prior to registration, and if you do not agree to its terms, your remedy shall consist of not registering an account, and exiting the web tab though which you visited our Site.
The ESL team does every possible effort to keep your trust; and thus we adhere to these general privacy principles, in order to defend your privacy:
- ESL does not rent or sell your PI.
- ESL does not divulge your contact information to third parties or other users without your consent.
- Any PI that you give to ESL will be protected by industry standard technology and codes of ethics.
For purposes of this Policy, the Site shall be the initial point of contact between you and ESL, and will serve as the point of collection of any personal data you may provide us.
We constantly try to develop our user experience, and continuously work in order to:
- notify you concerning
- preserve the security and protection of your personal details; and/or
- enforce the accessibility of your personal information in order for you to exercise your right of correction of said information.
Accordingly, by registering with us and/or otherwise using our products and services, you consent to the collection, transfer, processing, storage, and disclosure of your PI as described in this Policy.
You must at least be eighteen (18) years of age or older to use our services. We may accept users under such age into our services, provided, however, that they produce us a valid consent proof of their parent or guardian.
We reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion. Upon the failure to provide such proof of age, we reserve the right to immediately freeze, block or cancel the account, with no liability.
In compliance with the terms of the Children’s Online Privacy Protection Act (‘COPPA’), ESL does not knowingly collect or disclose any kind of information from any person under the age of thirteen (13), and will delete or delete any related information. All of our users are otherwise prohibited from providing us with personally identifiable information of persons under the age of thirteen (13).
Through our platform, we provide our Services that consist, but are not limited to, an online platform that allows our user community to receive English language classes, courses, tutorials, guides and tests, as well as to participate in online meetups with other members of our community. We also deliver quality content, such as video streaming, written guides, supporting documentation, audio guides, and more. We may offer additional functionalities through the Site, as indicated from time to time. All of the aforementioned services provided by ESL via the Site will be collectively referred to as the “Services”.
What Information do we Collect?
When ordering or registering on our Site, as appropriate, you may be asked to enter your name, email address, mailing address or other details to help you with your experience. We collect information from you when you register on our Site, place an order, subscribe to a newsletter or enter your email address, to receive a download, respond to a survey, fill out a form, use live chat, register as a member or enter information on our site.
Generally, through the provision of its Services, ESL will collect the following types of PI:
|Personal Information.||Includes information that can be used to personally identify an individual person, such as: (e.g. phone number, name (first and last), personal profile picture, email address, phone number). Accordingly, you hereby represent and warrant to ESL that you have the necessary rights and authorizations required for the disclosure of any and all PI. For more information on copyright and intellectual property rights, please visit our Terms.|
Personal Information collected will include, but will not be limited to:
|Name and Surname||Phone number|
|Date of birth||Occupation||Social media|
|Non-Personal Information.||Includes information that cannot be used to personally identify an individual person, such as anonymous usage data, general demographic information that we may collect, such as number of clicks, platform types, preferences you submit and preferences that are generated based on the data you submit.|
|Personal Information Collected via Third Party Tools.||Such as aggregate user statistics, analytics, demographic information, and web site usage information. As our user, you will generally be able to control and select the amount and type of PI you may disclose to us.|
|Personal Information Collected via Social Media Integration.||We may allow our users to use single sign on authentication services such as those provided by Facebook, Google and others (if available). Henceforth, the Site might provide an option of using your social media credentials and, thus, by such action, we will collect your PI as given by such third party platforms, but never more than the PI these platforms disclose. Collected PI from such third parties will include, but will not be limited to, friend lists, email, image gallery, likes and other information. If you close your social media account, or if you deauthorize our access, your access to our Site may be suspended. For more information, please read the terms and policies of such third party platforms.|
|Technical Information Collected via the Site.||As you navigate through a website, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies and means, such as Internet Protocol addresses, cookies, Internet tags, and navigational data collection.|
|Internet Protocol (IP) addresses.||An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet and is generally considered to be non-personally identifiable information, because in most cases an IP address is dynamic (changing each time you connect to the Internet), rather than static (unique to a particular user’s computer). We use your IP address to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to our Website, and administer and improve services to our consumers.|
|Cookies.||A “cookie” is a bit of information that a website sends to your web browser that helps the site remember information about you and your preferences. “Session cookies” are temporary bits of information that are erased once you exit your web browser window or otherwise turn your computer off. Session cookies are used to improve navigation on websites and to collect aggregate statistical information. This Site uses session cookies.|
|Persistent Cookies.||Are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (e.g., username), helping to determine what areas of the website visitors find most valuable, and customizing the website based on your preferences. This Site uses persistent cookies.|
|Internet tags.||Also known as single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs, they are smaller than cookies and tell the Site´s server information such as the IP address and browser type related to the visitor’s computer. This Site uses Internet tags.|
|Navigational data.||Also known as “log files,” “server logs”, “clickstream” data and “Internet Tags”, they are used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors.|
When do we collect information?
We will store your PI for the purposes of managing your collaboration with other users, improve your user experience, send newsletters and contact you about inquiries for our Services. Overall, we use the collected PI in order to:
- Provide our Services. To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested in order to better serve you, responding to your customer service requests, process your transactions, and to follow up with them after correspondence (live chat, email or phone inquiries).
- Facilitate account creation and login process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract. We also use your email to verify your account with us and to send password retrieval links.
- Post testimonials. We post testimonials on our Site that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the consent of the testimonial. If you wish to update, or delete your testimonial, please contact us.
- Request user feedback. We may use your information to request feedback and to contact you about your use of our Site, to administer a contest, promotion, survey or other site feature, and to send specific lessons according to the level of English or your specified interests.
- Enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user’s consent.
- WhatsApp Groups. We offer WhatsApp groups for our users, of which the URL link invitation is intended for use by our members only. Notwithstanding, WhatsApp groups are of a public nature due to the scope of WhatsApp´s platform and all participants will be able to see your name and your mobile number, to send you messages and calls. In this regards, the WhatsApp platform is provided by a third party, thus we cannot fully guarantee that you will feel comfortable with all users or with all groups. It voluntary to enter any WhatsApp Group, and you can leave it at will, at any moment, and you can also easily delete messages and block any users.
- Online Meetings Particularly, we offer the functionality of online groups where our users can interact with other users and sometimes with their teacher too. For these events, courses, and lessons, your first name will be shown as a registrant in our protected member-only area.
- Manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
- Send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
- Protect our Services. We may use your information as part of our efforts to keep our Site safe and secure (for example, for fraud monitoring and prevention).
- Respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
- Send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Site, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time.
- Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
- Enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
- Respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
ESL will keep any collected PI only as long as it is necessary, with regard to the purpose of its processing. This means that PI collected and processed for marketing and commercial purposes will be stored for at least six (6) months thereafter.
Upon the case of PI which is stored by our sub-processors, the data will be stored on their secure servers as indicated on their respective privacy policies from time to time.
If you do not wish to disclose any or part of your PI to us, you may still be able to use some of the functionalities of our Site, though we will not be able to guarantee that you will be able to enjoy them at their fullest if you elect not to disclose it to us.
Disclosure of Personal Information.
Through the provision of its Services, ESL may need to disclose collect the following PI:
|Disclosure to Affiliates and Partners.||We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Site, which will enable them to collect data on our behalf about how you interact with our Site over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity.|
|Disclosure to Business Successors.||If our business is sold or merges in whole or in part with another business that would become responsible for providing the Site to you, we retain the right to transfer your PI to the new business. The new business would retain the right to use your PI according to the terms of this Policy as well as to any changes to this privacy notice as instituted by the new business. We will also retain the right to transfer your PI if our company files for bankruptcy and some or all of our assets are sold to another individual or business.|
|Lawful Disclosure.||If we, or our affiliates, clients, contractors, licensors, officers, agents and/or representatives, reserve the right to allow access to any of your PI when we think it is reasonably important or when you violate the terms mentioned in this policy. Hereafter, we will have the right to disclose any or all gathered PI and/or data, when the following circumstances arise: (i) if necessary under an applicable law; (ii) in reply to a legal demand or subpoena from an agency of the law; (iii) to protect ourselves and our affiliates from any legal third party claims and procedures that may be brought to us (inclusive of takedown notices); and/or (iv) to prevent or cause cessation of any undertakings that may be construed by us as having the ability to be or cause a predicament or hazard to us.|
|Vital Interests.||We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.|
Disclosure of PI to Third Party PI Processors.
In order to provide our services, we use third-party platforms and tools, such as those provided by PayPal, Stripe, Google and Amazon, among other providers. Please be aware that such platforms are governed by their own terms, policies and personal data collection practices and policies. Accordingly, by acknowledging your consent to this Policy, you are also acknowledging the applicable terms and conditions of such third party platforms, which provide functionalities that include aggregated statistics. Upon the case of any discrepancy or conflict among this Policy and the terms of them, the terms of the latter entities will govern.
Our Site may also present our commercial partner’s hyperlinks as well as those of other third parties. Once you have used these links to leave our Site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Here is an updated list of any sub-processors that will be involved in the processing of your PI due to the provision of our service and will inform you of any intended material changes concerning the addition or replacement of sub-processors before such changes are effective, thereby giving you the opportunity to object to such changes.
List of WordPress Plugins: CookieYes | GDPR Cookie Consent, Elegant Themes Updater, Google Analytics Dashboard for (WP Exact Metrics), Healthcheck & Troubleshooting, Meta Pixel for WordPress, Popups for Divi, Rankmath SEO, SiteGround Optimizer, SiteGround Security, SmartQuiz Builder
List of third party software: TruConversion, Systeme.io, SiteGround, Brainscape, Teachable, SquareSpace Scheduling, Google Suite (Google Docs, Google Sheets, Google Drive, Google Forms, Google Slides), Facturama, Frontapp, Zapier, Zoho, Cloudflare, Clickup, Google Analytics, and Google Developer Console.
Commercial Message Communications Authorization.
Occasionally, we will ask you for express permission and approval to receive electronic messages in electronic format which are then sent to an electronic address and that contains a message asking recipients to participate in commercial activities such as newsletters, purchase of products, services and invitations to participate in surveys.
We will send you service-related announcements on occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, or a new enhancement is released, which will affect the way you use our services, we might send you an email. Generally, you may not opt-out of these communications, which are neither commercial nor promotional in nature.
Generally, you have the right to object to the processing of your personal data if grounds for this objection is to direct marketing. Henceforth, if you no longer wish to receive email update and other commercial communications and messages, you may opt-out of receiving them by following the instructions included in each update or communication.
- Functional Cookies. These cookies enable the Site to remember a user’s choices – such as their language, user name, and other personal choices – while using the Site. They can also be used to deliver services, such as letting a user make a blog post, listen to audio, or watch videos on the Site.
- Demographics and Interests Reporting Cookies. These cookies allow websites to link the actions of a user during a browser session. They may be used for a variety of purposes, such as remembering what a user has put in their shopping cart as they browse a website. Session cookies also permit users to be recognized as they navigate a website so that any item or page changes they make are remembered from page to page. Session cookies expire after a browser session; thus, they are not stored long term.
- Persistent Cookies. These cookies are stored on a user’s device in between browser sessions, which allows the user’s preferences or actions across a website (or, in some cases, across different sites) to be remembered. Persistent cookies may be used for a variety of purposes, including remembering users’ choices and preferences when using a website or to target advertising to them.
We may also collect and use the data contained in log files, which may include your IP address, your ISP, the browser you used to visit our platform, the time you visited our platform and which sections you visited.
When you access our platform via a mobile device, we may use your mobile device ID (i.e. the unique identifier assigned to a mobile device by the manufacturer) and/or Advertising ID (for Apple iOS 6 and later) instead of cookies in order to recognize you and track displayed web pages, along with their performance.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. If you wish so, you can easily disable cookies on your web browsing software by following the step-by-step guides located at www.allaboutcookies.org and at www.youronlinechoices.com.
Advertising, Opt-out Choice.
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together
From time to time, we may use Google Analytics, Ad Words, TruConversion, Meta Pixel, Double Click and/or Ad Sense tracking codes, and other third-party software tools (such as remarketing codes) in order to collect information and marketing analytics about the manner in which you browse our platform and services.
The served ads will be targeted based on your previous browsing history, and may include retargeting codes. For example, third-party vendors may show you ESL’s ads on certain websites across the Internet, even after you leave our platform. The collected information is anonymized, meaning it cannot be tracked back to individuals. Using such tools, we learn how to optimize, and serve ads based on a user’s past visits, providing you with a better user experience.
Unlike cookies, device IDs cannot be deleted, but you can select to reset your Advertising IDs in the “Settings” section of your mobile device, among other.
You can learn more about how to opt-out by browsing Google’s opting-out and privacy pages located at www.google.com, or the Network Advertising Initiative website located at www.networkadvertising.org.
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected.
At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
Security of Collected Information.
The security of your PI is important to us, but please remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.
You can be assured that personal information collected through the Site is secure and is maintained in a manner consistent with current industry standards. The importance of security for all personal information associated with our subscribers is of utmost concern to us. Your personal information is protected in several ways. We protect inputted information by undertaking the reasonable technical and administrative security measures (e.g. firewalls, data encryption, physical & administrative access controls to the data and servers) that limit the risk of loss, abuse, unauthorized access, disclosure, and alteration.
Your personal information resides on a secure server that only selected employees and contractors have access to via password. In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third-party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with encryption systems. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all requirements and implement additional generally accepted industry standards.
Safety of Payment Information.
If you make a purchase on our Site, we use a third party payment processor such as Stripe or PayPal. Payments are encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our site and related courses and its service providers.
CAN SPAM Act Compliance.
The CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003),is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
In compliance with CAN SPAM, we collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions
- Process orders and to send information and updates pertaining to orders.
- Send you additional information related to your product and/or service
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CAN SPAM, we agree to the following principles:
- Not use false or misleading subjects or email addresses.
- Identify the message as an advertisement in some reasonable way.
- Include the physical address of our business or site headquarters.
- Monitor third-party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly.
- Allow users to unsubscribe by using the link at the bottom of each email.
GDPR Notice and your Rights as Data Subject.
For the purposes of the GDPR, in the European Union, ESL is a “data controller” of the PI you provide to us for the primary purposes of providing you with our services.
For our European Union customers and users, by clicking the “I Accept” button or otherwise accepting the terms and conditions of our services through a clickable action or similar action, you hereby acknowledge, agree and unequivocally consent to the collection, process, management, treatment, transfer and authorized of your PI by ESL, its affiliates and authorized third parties.
If you are resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
The section below covers the certain situations that you, as data subject, and we as a data controller, are most likely to see, but you should also carefully review the full list of data subject rights here: https://gdpr-info.eu/chapter-3/. You retain the right to access, amend, correct or delete your PI where it is inaccurate at any time. To do so, please contact us at [email protected].
Right to be Forgotten: You can request us to be “forgotten”; that is, to have your entire PI removed from our service. If we are asked to do this, in accordance with Article 17 GDPR we will remove any PI you we collected from you as requester. We will also need to contact any third parties that process your PI on our behalf, such as our cloud service providers. To ensure that any personal data in ESL’s possession can be removed in a timely manner, you can relay any request to be “forgotten” to us by submitting a request.
- Right to Data Portability: Under the GDPR, in accordance with Article 20 GDPR our users located in the EU may request ESL to send them any PI in our possession. In this case, we will provide you with any PI that you have in a commonly used, machine-readable format.
- Right to Data Access: As a data subject, in accordance with Article 15 GDPR you can ask ESL to confirm how and where your PI is being stored and processed. You also have the right to know how such that data is shared with third parties by us.
- Right to Data Rectification: As data subject, in accordance with Article 16 GDPR you have the right to obtain from ESL, without undue delay, the rectification of inaccurate PI concerning you.
- Right to be Informed: You have the right to be informed about the PI we collect from you, and how we process it.
- Right to Withdraw Consent. In accordance with Article 7 (3) GDPR, you have the right to withdraw your consent given to us at any time.
- Right to Object: In accordance with Article 18 GDPR you have the right to object to us processing your PI for the following reasons:
- Processing was not based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);
- Direct marketing (including profiling);
- Processing for purposes of scientific/historical research and statistics; and
- Rights in relation to automated decision-making and profiling.
- Automated Individual Decision-Making and Profiling: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
- Right to Complain: You have the right to file a complaint with supervisory authorities if your information has not been processed in compliance with the GDPR. In accordance with Article 77 GDPR, if the supervisory authorities fail to address your complaint properly, you may have the right to a judicial remedy.
Your privacy request must include, at the least, the following information: (i) your complete name, address and/or e-mail address in order for us to notify you the response to your request; (ii) attached documents establishing your identity; and (iii) a clear and concise description of the PI with regard to which you seek to enforce any of your privacy rights. If you request rectification, please indicate amendments to be made and attach documentation to back up your request.
Upon receipt of your privacy request, and after due review, we may then edit, deactivate and/or delete your PI from our services within thirty (30) days. In case of secure databases under our control where deletion is impossible, we will make such information permanently inaccessible.
Notice to California Residents.
Pursuant to the California Consumer Privacy Act of 2018 (the “CCPA”), ESL and its affiliates hereto provide the following notice regarding the categories of PI that we have collected or disclosed within the preceding twelve (12) months about California residents who are not employees, independent contractors, owners, directors, officers, or job applicants of ESL, or emergency contacts or benefits beneficiaries of the foregoing.
Henceforth, the CCPA provides Californians with the following rights:
- Requests for Information: you (or your authorized agent) can request a copy of your PI, including how we have collected, used, and shared your PI over the past 12 months (if any), including the categories of PI we collected and our purposes for doing so; the categories of sources for that information; the categories of third parties with whom we shared it for a business purpose and our purposes for doing so.
- Your Right to Opt Out of Sales: We do not sell your PI, thus, we don’t offer opt out notices.
- Your Right to Notification: under the CCPA, we cannot collect new categories of PI or use them for materially different purposes without first notifying you.
- Nondiscrimination for exercising your CCPA Rights: the CCPA prohibits us from discriminating against you for exercising your rights under the law. Such discrimination may include denying services, charging different prices or rates for services, providing a different level or quality of services, or suggesting that you will receive a different level or quality of goods or services as a result of exercising your rights.
- Your Right to Delete PI: you can request that we delete your PI by contacting ESL. You also can request that we delete specific information, and we will honor such requests, unless a due exception applies, such as when the information is necessary to complete a transaction, verify a fraud, review a chargeback or contract for which it was collected or when it is being used to detect, prevent, or investigate security incidents, comply with laws, identify and repair bugs or ensure another consumer’s ability to exercise their free speech rights or other rights provided by law.
- Please take into consideration that we may deny your deletion request if retaining the PI is necessary for us, our affiliates or our service providers in order to:
- Complete the transaction for which we collected the PI information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug our products to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with a legal obligation that has substantive grounds;
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
- Please take into consideration that we may deny your deletion request if retaining the PI is necessary for us, our affiliates or our service providers in order to:
Overall, we have, may collect or will collect the following categories of PI from our users, customers and individuals, as necessary to fulfill our legal obligations and operational business purposes:
- Personal information, as defined in the California customer records law, such as contact information and financial information;
- Identifiers, such as online identifier, IP address and name;
- Financial information, such as transaction information and history and securities trading information and history;
- Internet or network activity information, such as browsing history and interactions with our and other websites and systems;
- Geolocation data, such as device location and IP location;
- Audio, electronic, visual and similar information, such as video recordings created in connection with our business activities, such as your fitness videos and multimedia content; and
- Inferences drawn from any of the PI listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.
From time to time, this Policy may be translated into other languages for your convenience. The English language version of each of these documents shall be the version that prevails and governs your use of Site and our products and services. Upon the case of any conflict between the English language version and any translated version, the English language version will prevail.
Amendments to this Policy.
Periodically and at our sole discretion, we may update, modify, suspend, and/or amend our Website, our services, this Policy, and/or our Terms, in whole or in part. Hereby, we reserve the right to conduct our business and protect ourselves. Your continued use after any changes signifies your agreement to them, and we will provide notice of such changes on our Website and may also send you an email or otherwise notify you.
If you have any questions or comments about us, our Website, our Terms, and/or this Policy, please contact us at:
Calle Juan Acevedo 333
Puerto Vallarta, Jalisco
Last effective update date – June 24, 2023.