React Physical Therapy – beReact.com
Third-party Advertisers
We may use third-party advertising to serve ads when you visit other websites. These companies may use information about your visits to this and other websites in order to provide advertisements that are customized to your interests and preferences. These advertisements may appear on other websites. Please note that some of the advertisers on our website and our ad service providers (including advertising network providers and third-party ad servers) may deploy cookies or related technologies through their advertising banners, links or other ads. While we use cookies on parts of our site (as discussed above), information received from cookies and other technologies deployed through third-party ads and links may be collected directly by those advertisers and ad service providers. The advertiser’s privacy policy and/or that of its service provider will govern the use of this information and we are not responsible for the privacy practices of such companies. Additionally, some of these companies (like the ad networks) are members of the industry group, the Network Advertising Initiative, which offers a single location to opt-out of their cookies.
Security
While we strive to protect the security and integrity of the information provided to us, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers.
In the unlikely event that we believe that the security of your information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. Unless you provide us with another method to notify you in this situation, you consent to our use of e-mail as a means of such notification.
Third-party ‘Linked-to’ Websites
Our website may contain links, banners, or widgets that lead to other sites. We are not responsible for these other sites, and so their posted privacy policies will govern the collection and use of your information on them. We encourage you to read the privacy statements of sites you visit after leaving our website to learn about how your information is treated.
Terms and Conditions
This document describes our policy regarding information received about you during visits to our web site. The amount and type of information received depends on how you use our site.
Normal Web Site Usage
You can visit our website to read product and company information without telling us who you are and without revealing any personal information. We do collect some general information during normal website usage, like the name of your Internet service provider, the website that referred you to us, the pages you request and the date and time of those requests. We use this information to generate statistics and measure site activity to improve the usefulness of customer visits. During normal website usage, we do not collect or store personally identifiable information such as name, mailing address, email address, phone number, or social security number.
Collection of Personally Identifiable Information
There are instances where we request personally identifiable information to provide you with a service or correspondence (promotions and mailed brochures). This information is collected and stored in a manner appropriate to the nature of the data. If you tell us that the information should not be used as a basis for further contact, we will respect your request. The information you provide is used to improve the services we provide you. It is never provided to any other company for that company’s independent use.
Body Engineering (be) iOS app
Terms and Conditions
Welcome to the Body Engineering digital platform which provides you with physical therapist curated content and the ability to customize routines to fit your goals through a variety of different channels, including online at BeReact.com (the “Website”), or via one or more mobile applications (the “Application”), based in part on such exercises, stretches and releases curated for optimal body performance, (including Website and Application, collectively the “Service”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Service (collectively referred to as “Content”). The Service is owned and offered by React Physical Therapy, LLC and/or its subsidiaries or affiliates involved in providing and supporting the Service (collectively, “We”, “Us”, “Our” or “Body Engineering”). Please read these terms and conditions carefully before using the Service. If you are a Provider or applying to be a Provider, you shall also be subject to the Body Engineering Providers Terms of Use or other terms and conditions governing such relationship which will be entered with you by Body Engineering.
By accessing or using the Service, you agree to be bound by these terms and conditions (this “Agreement”). Body Engineering has the right to accept or reject any applicant for Services, in its sole and complete discretion.
THIS IS NOT A MEDICAL SERVICE. DO NOT USE THIS SERVICE FOR EMERGENCY MEDICAL NEEDS NOR FOR YOUR OTHER MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. IF YOU REQUIRE MEDICAL CARE, PLEASE CONTACT YOUR DOCTOR OR OTHER HEALTH SERVICE PROVIDER.
You hereby certify that you are (i) over the age of eighteen (18) or have the legal ability to consent to the Service or have your Parent/Guardian consent to the Service when creating your Account. You agree to provide “Contact Information” (your personal contact and/or a close family member/relation) to your Provider to act as an information source to be used in case of an emergency where knowledge of your location is crucial. You acknowledge that your ability to access and use the Service is conditioned upon the truthfulness of the information you provide regarding your age and Contact Information and that the Providers you access are relying upon this certification in order to interact with you and provide the Services.
SERVICE AND CONTENT
Body Engineering does not offer medical advice. Our Service provides you with our library of exercises, stretches, releases and routines, and also enables a conduit for approaching and accessing members of the Body Engineering network of physical therapists or wellness coaches (“Providers”). Any medical or healthcare advice provided by such Providers is not provided by Body Engineering but rather by the individual medical or healthcare providers with whom you must first establish a physical therapist-patient relationship or a physician-patient relationship. Using, accessing, and/or browsing the Website or Application or providing personal medical history including via the Website or Application does not create a physical therapist-patient or physician-patient relationship between you and Body Engineering or any of its employees and/or affiliates.
Unless otherwise expressed to you in writing, nothing in the Service is intended to create a physician-patient or physical therapist-patient relationship, or to replace the services of a licensed, trained, in-person physician, physical therapist, or other health professional or be a substitute for medical advice of a physician or trained health professional licensed in your state. As such, at this time the Service are not covered or meant to be covered by an insurance policy. You should not rely on anything contained in the Website or Application as a substitute for medical advice, and you should consult a healthcare provider licensed in your state in all matters relating to your health. You hereby agree that you shall not make any health or medical-related decision based in whole or in part on anything contained in the Service, without further consulting a healthcare provider.
Any content accessed through the or offered by the Service is for informational and educational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. The Service may be used to supplement and enhance your medical or healthcare treatment. The Service should not be used during a medical emergency or for the diagnosis or treatment of any medical condition. Please consult your doctor or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Do not ignore or delay obtaining professional medical advice because of information accessed through the Service.
Call 911 or your doctor for all medical emergencies.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name, or otherwise, does not constitute or imply the endorsement or recommendation of such by Body Engineering. BODY ENGINEERING IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN THROUGH THE SERVICE.
ACCOUNT ENROLLMENT
To access the Service, you must first enroll to establish an individual user account you to establish an account (“Account”). You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes (the “Registration Data”). You agree not to open more than one account, impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to notify us promptly at Info@BeReact.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to our Site.
You are solely and fully responsible for maintaining the confidentiality of the login credentials (e-mail, username and password) of your Account and for all activities that occur under your Account. You agree not to disclose your login credentials to any third party. If you forget your password, you can request through the appropriate channel to have a new password issued and sent to your registered e-mail address. Your Account is at risk if you let someone else use it inappropriately. We reserve the right to suspend or terminate your Account if we determine that you or anyone using your Account violates these Terms. If you failed to properly maintain your login credentials Body Engineering will not be liable for any loss that you incur as a result of someone else accessing and using your Account, either with or without your knowledge.
NOTE THAT TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS AND/OR UNAVAILABILITY OF CONTENT, FEATURES, OR CAPACITY WITH REGARD TO YOUR ACCOUNT. BODY ENGINEERING SHALL NOT BE LIABLE IN ANY WAY FOR SUCH UNAVAILABILITY AND/OR LOSS.
ACCEPTABLE USE
You agree not to access or use the Service in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes these terms. You shall not post, use, store or transmit(i) a message or information under a false name; (ii) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (iii) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Service by any method, including through use of viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming. You shall not use the Service in any manner that could damage, disable or impair the Service. You shall not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Service for any purpose. Neither Body Engineering nor its affiliates are under any obligation to respond to messages posted on the Service. You are solely responsible for the information or material you post on the Service.
PAYMENT
Any payment you make for the use of the Service is used to compensate Body Engineering for its software development, digital platform, customized exercise analytics, overhead, administrative services and other corporate costs and fees, including transaction fees for credit card usage.
Body Engineering reserves the right via the Service, to also collect certain payments to be accounted for separately, and remitted to the Provider for the direct clinical services provided to you. Body Engineering does not participate, split, or take a percentage of this payment to the Provider. Regardless of any payments made, Body Engineering does not hold itself out as your direct provider of therapy services as that is the role of your licensed, network accredited Provider.
You agree to pay all fees and charges associated with your Account on a timely basis in accordance with the fee schedule, and the terms and rates published by Body Engineering from time to time. Such fees and charges (including any taxes and late fees, as applicable) may be charged to the credit card you provided during the initial setup of your Account. You agree to maintain valid credit card information in your Account. By providing Body Engineering with credit card information, you authorize Body Engineering to bill and charge your credit card. You understand that by using the Service, you are freely electing to pay out of pocket for all Service provided through the Application, including for the Provider, and that you may be foregoing discounts or insurance coverage that might otherwise be available to you if you sought alternative care options. You understand that it is your responsibility to arrange and pay for any follow-up care that the Provider recommends you receive.
SUBSCRIPTION TERMS OF USE
You may purchase a subscription to Body Engineering which is a subscription to our service, which will be automatically billed monthly until you cancel. The Service is a monthly cost of 12.99 a month or $119.99/year billed annually. Prices may vary based on residence, a package of choice, and promotions that might be available from time to time. You may manage your subscription to Body Engineering by contacting Info@BeReact.com at any time. You may also cancel or manage your subscription using the Apple App Store or the Google Play Store based on where you purchased the subscription.
PROVIDERS
Body Engineering does not directly employ the Providers matched through the Service. Body Engineering operates a platform providing access to a digital network of nationwide trained and accredited Providers. Body Engineering aims to only work with independent, licensed, insured and vetted professional Providers, in accordance with applicable law.
In order to receive approval to practice through the Body Engineering network, Body Engineering takes measures to confirm that applicant Providers are in compliance with the policies and procedures of Body Engineering and the applicable federal and state guidelines. Notwithstanding the foregoing, Body Engineering cannot guaranty and explicitly disclaims, the quality, accuracy, sufficiency and fitness for purpose of any and all services provided to you by a Provider.
Your relationship with the Provider is strictly with the Provider. Body Engineering is not involved in the Provider-patient relationship and does not interfere, validate or control the Provider’s treatment or exercise regimen unless advocating on behalf of You when following up on a particular complaint. Body Engineering grants you access to a digital platform to track your exercise regimen and to connect with a Provider of your choice. Body Engineering conducts constant network quality assurance checks using analytical tools to study such critical issues as Provider availability, response times, and the number and duration of therapy/exercise interactions. All that stated, we do not endorse or recommend any specific Provider. Further, You are always advised to exercise a high level of care and caution in the use of Body Engineering network of Providers as you would making any health-related decision.
You understand that by using the Provider through the Services, you will not have an in-person physical exam that might identify a potentially serious medical condition. You also understand and agree that the health information you provide through the Services may be the only source of health information used by Provider during the course of your evaluation and treatment through the Services, and that Provider may not have access to any other health information held by your previous medical providers (e.g., allergies, drug reactions, etc.) You understand that the Provider will determine whether or not it is appropriate to treat you through the Services, and in the event that the Provider, in their professional discretion would determine that such care would not be suitable, you are not guaranteed treatment through the Services. Certain services may require an in-person visit or documentation of an in-person physical examination and you may be referred for in-person care. You agree that it is your choice whether or not to use the Services on the Platform. You understand that at any time, you can change your mind about receiving Services and may seek in-person services from a different provider.
You should never disregard, avoid, or delay obtaining medical advice from your primary doctor or other qualified healthcare Provider or by using or combining Body Engineering with traditional face-to-face appointments; solely because of information you saw on the Body Engineering site or advice you received through a Body Engineering network Provider. If you would like to have the records relating to the Services sent to your primary care provider, you understand that you will need to request such transfer of such records.
INTELLECTUAL PROPERTY
All of the content available on or through the Service is the property of Body Engineering or its licensors and is protected by copyright, trademark, patent, trade secret and other intellectual property law. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through the Service to any third party. All software and accompanying documentation made available for download from the Service is the copyrighted work of Body Engineering or its licensors. Any copy made of information obtained through the Service must include all applicable copyright notices.
Subject to the terms of this Agreement, Body Engineering hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the software, network facilities, platform, content and documentation on and in the Service to the extent, and only to the extent, necessary to access and use the Service.
The license granted herein does not permit you to, and you agree not to: (i) modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service or allow a third party, whether directly or indirectly (including, but not limited to the direct or indirect use of wizards, agents, bots, or other utilities), to modify, translate, reverse engineer, disassemble, decompile or create derivative works of the Service; or (ii) transfer, distribute, sell, lease, rent, disclose or provide access to the Service to any third party or use the Service to provide service bureau, time sharing or other services to third parties.
CONTENT AND SERVICES ACCESSED THROUGH THE BODY ENGINEERING SERVICE
You may choose to allow your Provider of choice, or another third-party service which Body Engineering may offer as an integration to the Services, to retrieve, provide, modify or otherwise use health and other information in your Account or otherwise share your information with the Provider or third party service provider or your choice. Once you enable such a specific third-party to access your account, the service provider may continue to access your account until you affirmatively disable access. Third-party service providers include both health care providers and other entities. It is your sole responsibility to review and approve each such third-party service before sharing your information through or otherwise accessing it. USE OF THESE SERVICES AND RELIANCE ON THIS CONTENT IS SOLELY AT YOUR OWN RISK. BODY ENGINEERING MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY THIRD-PARTY SERVICE OR CONTENT.
DISCLAIMERS
ACCESS TO THE SERVICE AND THE INFORMATION CONTAINED THEREIN IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BODY ENGINEERING DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, BODY ENGINEERING DOES NOT WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND YOUR RELIANCE UPON ANY OF ITS CONTENTS IS AT YOUR SOLE RISK.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO THE SERVICE OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICE CAUSED BY YOU OR ANY PERSON USING YOUR USERNAME OR PASSWORD. BODY ENGINEERING CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY PROTECTED HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICE.
LIMITATIONS OF LIABILITY
IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE. UNDER NO CIRCUMSTANCES SHALL BODY ENGINEERING, ANY BODY ENGINEERING LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR ANY OF ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, ANY INFRINGEMENT BY ANY CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
UNDER NO CIRCUMSTANCES SHALL BODY ENGINEERING, ITS LICENSORS OR SUPPLIERS OF NON-MEDICAL/ PHYSICAL HEALTHCARE SERVICES OR ANY THIRD PARTY WHO PROMOTES THE SERVICE OR PROVIDES YOU WITH A LINK TO THE SERVICE, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF BODY ENGINEERING OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to indemnify, defend, and hold harmless Body Engineering and its respective employees, directors, officers, subsidiaries, affiliates, partners, contractors, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer, mobile device or login credentials; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Service; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; (d) information you provide to or use in connection with the Service violating third party intellectual, privacy or other rights and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Service shall be in compliance with all applicable laws, regulations and guidelines.
LINKS
Any link (including a hyperlink, button or referral device of any kind) used in the Service is provided for your use and convenience. The appearance of a link does not constitute an endorsement, recommendation or certification by Body Engineering, nor should the presence of a link in any way be construed as a suggestion that any third party website has any relationship to Body Engineering. Body Engineering does not endorse the content on any third-party websites. Body Engineering is not responsible for the content of linked third-party websites or third-party advertisements and does not make any representations regarding its content or accuracy. Body Engineering does not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.
TERMINATION
Body Engineering may suspend or terminate your access to the Service at any time, for any reason or for no reason at all. Body Engineering has the right (but not the obligation) to refuse to provide access to the Service to any person, agency or organization at any time, for any reason or for no reason at all, in our sole discretion. Body Engineering reserves the right to change, suspend, or discontinue all or part of the Service, temporarily or permanently, without prior notice.
SPECIAL PROGRAMS
From time to time Body Engineering may collaborate or participate in research studies with select universities/clinics. You may be offered the opportunity to participate in these studies. These studies may include separate agreement forms, waivers and confidentiality terms that you will have to review and accept separate from these Terms. We will only use deidentified or aggregated information in such studies, any personal information will only be provided with the User’s consent.
DISPUTES
Any dispute or claim relating in any way to your use of the Body Engineering Service will be resolved by binding confidential arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must interpret these Terms as a court would.
It is agreed that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, Body Engineering and you each waive any right to a jury trial. It is further agreed that you may not bring suit in court to enjoin infringement or other misuse of intellectual property rights.
GENERAL
These Terms are governed by the laws of the State of Illinois, without regard to any conflict of laws rules or principles. You agree to submit to the venue and jurisdiction of the Illinois courts in the cases that arbitration is not successful or is assigned or appealed to a civil court. Body Engineering’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. Notices required to be given to you by Body Engineering may be delivered by electronic mail to the address provided during the creation of your Account. These Terms constitute the entire Agreement between Body Engineering and yourself regarding the Service, and supersede and replace any prior agreements you and Body Engineering might have regarding the Service. Body Engineering may revise these Terms from time to time without notice to you. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. We encourage you to read these terms periodically.
These Terms of Use were last updated on December 9, 2021 and are deemed effective as amended as of this date.
Privacy Policy
December 9, 2021
Body Engineering and its affiliates (“Body Engineering”) are deeply committed to protecting the privacy and security of our customers’ data.
Description of Users and Acceptance of Terms
This Privacy Policy (“Privacy Policy”) sets forth and describes the practices that we will follow with respect to the privacy of the information of visitors and users of this site and our mobile applications. By accessing and using the digital platform, visiting BeReact.com(“Website”) and using Body Engineering’s mobile application (“Application”), (collectively, the “Services”) you acknowledge that you accept the practices and policies outlined in this Privacy Policy.
This Privacy Policy applies to information of visitors to the Website or Application, who view only publicly-available content (“Visitors”), individuals who have signed up to use our Services (“Users”). If you are accessing or using the Services as a Provider (as defined in our Terms of Use) of physical therapy or remedial exercise coaching or services and as such you have signed up to use our Services (“Providers”) or an applicant Provider you shall also be subject to the Body Engineering Providers Privacy Policy which Body Engineering shall provide to you under such terms and conditions made available to you. “You”, “your”, or similar terms refers collectively to Visitor, User and Provider.
This Privacy Policy applies to information we collect through the Services; and via email, text, or other electronic messages between you and any employee or agent of Body Engineering. This policy does not apply to the actions of any company or entity that we do not control and to individuals who we do not directly employ or manage.
Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.
Types of Information We May Collect
Personal Information which you actively provide to us through use of the Services.
This is information you intentionally and/or actively provide to us in the course of your use of the Services, including contact information from Visitors of the Website; this information typically includes your name, email address, and any information you provide in messages or job applications to us; when you register and open an Account and/or update your Account details, such as your e-mail address, birthday, gender, phone number, full address, username and password.
Health Information
Some of the information we collect may constitute protected health information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended from time to time. To the extent other state or local privacy and data protection laws apply to your data, we will comply with those requirements as well. You may also share information directly to a Provider acting within the scope of their license in the provision of service.
Payment Information
We will collect your payment information if you choose to register an Account with us. This payment information may include, without limitation, bank account numbers, credit card or debit card numbers, account details, and similar data (collectively, “Payment Information”). Such Payment Information will be collected and processed by our Third-Party Payment Vendor pursuant to the terms and conditions of its privacy policies and terms of use.
Personal Information is being collected by us automatically when you use or access the Services.
This is information that we automatically receive upon you access or interact with our Services. This information may include:
IP address, UDID (Unique Device Identifier) or other persistent user and/or mobile device token (as applicable), advertising ID, device type, operating system, browser type and version, screen resolution, browser and keyboard language, the User’s ‘click-stream’ and activities on the Services, the period of time the User visited the Website and/or and related time stamps.
Geolocational Information – with your consent, we may, automatically collect geolocational information from your mobile device, your wireless carrier, or certain third-party service providers (“Geolocational Information”). Collection of such Geolocational Information occurs only when the Body Engineering Application is running on your mobile device. You may decline to allow us to collect such Geolocational Information, in which case Body Engineering will not be able to provide certain features of the Body Engineering Application to you.
From Cookies
Information that we collect using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We use both first- and third-party session cookies and persistent cookies.
Session Cookies: These make it easier for you to navigate our Website and Services.
Persistent Cookies: This cookie remains on your hard drive for an extended period of time or until you delete them. To the extent we provide a log-in portal or related feature on our Services, persistent cookies can be used to store your passwords so that you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our Visitors, Users and Providers to personalize the experience on our Platform. You can remove persistent cookies by following directions provided on your web browser. If you do not wish for us to place this cookie on your hard drive, please consult your Internet browser’s documentation for information please. However, if you decide not to accept cookies from us, the Service may not function properly.
Third-Party Analytics
We also use third-party analytics services (such as Google Analytics and Mixpanel) to assess your use of the Services, analyze performance metrics, and analyze other information connected to mobile and Internet usage. By accessing and using the Services, you consent to these third parties processing the data about you in the way and for the purposes set out in this Privacy Policy. To learn more, about such third parties, including how to opt out from certain data collection by these specific third parties, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Service.
For Google Analytics, please visit https://www.google.com/analytics.
For Mixpanel, please visit https://www.mixpanel.com.
Use of Health Information and Personal Information
The Body Engineering Service enables Users to access and communicate with their Providers through their use of the Services. These communications may include Health Information and personal information, which may be stored on the Services as a result of your relationship with a Provider. The User is solely responsible for choosing and approving any Providers as and sharing their Health Information and personal information with these Providers.
If you do share any of your Health Information through the Services with a Provider, you acknowledge and agree that such information is made available to such Provider and use by such Provider is not subject to the Body Engineering Terms of Services Privacy Policy.
The Providers may also share data relating to their Users with Body Engineering. We use this data in accordance with the terms and conditions of the Providers Terms of Use and the Privacy Policy.
The Purposes and Legal Basis of the Collection, Processing and Use of Information
Legal Basis for Use
We collect, process and use your Personal Information for the purposes described in this Privacy Policy, based at least on one of the following legal grounds:
In Performing an agreement with you: We collect and process your Personal Information in order to provide you with the Site, following your acceptance of this Privacy Policy and pursuant to the Terms of Use; to maintain and improve our services to you; to develop new services and features for our Users; and to personalize the use of the Services in order for you to get a better user experience.
With your consent: We ask for your agreement to collect and process your information for specific purposes and you have the right to withdraw your consent at any time.
Legitimate interest: We process your information for our legitimate interests while applying appropriate safeguards that protect your privacy. This means that we process your information for things like detecting, preventing, or otherwise addressing fraud, abuse, security, usability, functionality or technical issues with our services, protecting against harm to the rights, property or safety of our properties, or our users, or the public as required or permitted by law; enforcing legal claims, including investigation of potential violations of this Privacy Policy; in order to comply and/or fulfil our obligation under applicable laws, regulation, guidelines, industry standards and contractual requirements, legal process, subpoena or governmental request, as well as our Terms of Use.
Purpose of Use
We may use the Personal Information that we collect about you for the following purposes:
To provide operate and improve the Services, Website and/or Application for our Users and to manage our business.
To send you updates, notices, notifications, and announcements related to the Services as well as newsletters, coupons, commercial offers and additional communications regarding our products and services.
To verify your eligibility and deliver prizes in connection with promotions and referral programs we may hold from time to time;
To be able to manage your Account and provide you with customer support services. to enable us to further develop, customize and improve the Service based on Users’ common preferences, uses, attributes and anonymized or de-identified data;
Aggregated Information. We may use aggregated statistical data and other cumulative information and we perform anonymization on your information so as to render it non-identifiable, and use such anonymized or other conclusive information that is non-personal, to enable us to provide our Users with a better user experience with more relevant and accurate information, services, third party services, features and functionalities, statistical and research purposes, marketing purposes, etc. and to improve our Website, Application and/or Services. We may share aggregated or anonymized information between Users who are performing similar exercises and/or undergoing similar therapy,
To prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities,
To complete a transaction through our Services.
To comply with any applicable rule or regulation, to protect our legal interests and/or respond to or defend against (actual or potential) legal proceedings against us or our affiliates.
To engage with the Providers and Related Third Parties in order to perform certain operations on behalf of Body Engineering, including service providers and affiliates of our customers. These companies will have access only the Information only as necessary to perform their functions and to the extent permitted by law. We may also share your Information with any of our affiliates.
Business Transfers. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
Private Messaging
Users and their Providers may be able to communicate through the digital platform, including through video or direct messages. If you contact a Provider outside of the Services you acknowledge and agree that none of the information contained in that message (including, without limitation, personal information and/or Health Information) is covered by this Privacy Policy and Body Engineering is not responsible or liable for how such information is being used, or processed, or for any resulting breaches of personal information during transmission of the message.
Accessing and Amending Personal Information and Choices
If you enrolled in the Services, and have an Account with Body Engineering, you may access, review, and make changes to your personal information by following the instructions found on the Website. You may also modify and manage your marketing and non-transactional communications by clicking on the “unsubscribe” button located at the end of any marketing email sent by Body Engineering. We will use commercially reasonable efforts to timely handle your requests. You cannot opt out of receiving e-mails related to your Account. Please note that we are not responsible for the information, including, modifying, updating or removing the information held by Provider.
How We Protect the Information
We take commercially reasonable steps to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Website and/or Application may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. You further understand that the electronic nature of the Services means that there is a greater risk to the privacy of your electronic health information relative to receiving in-person care.
Intellectual Property Rights
We respect other people’s rights, and expect the same of you. You may not post any content or take any action on BeReact.com or its Applications that infringes or violates any other party’s rights or the law. We can remove any content or information you post on the Website if we believe that it violates this Privacy Policy or the Terms of Use. You may not use any of our copyrights or any similar marks, without our written permission.
Portable Electronic Devices
Our Services are available to you on many different portable electronic devices. Our connection to the mobile device is free of charge, but your carrier’s normal rates and fees, such as text messaging fees, may still apply.
Important Notice to Non-U.S. Residents
The Website, Application and the Services are operated in the United States. Please note that your information, including personal information, may be transferred to, processed, stored, accessed and used on computers, servers, and systems located outside of your state, country, or other jurisdiction where the privacy laws may not be as protective as those in your own jurisdiction. If you are located outside the United States and choose to use the Website, Application and/or the Services, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States. This Privacy Policy is governed by the substantive laws of the State of Delaware, without regard to its conflict of laws provisions.
Children
We do not knowingly collect personal information from children under the age of 13 through the Website, Application and/or the Services. If you are under 13, do not use or access the Website, Application and/or the Services, and do not provide us with any personal information. Without relieving you of your responsibility to comply with the Terms of Use and the terms hereof we reserve the right (without obligation) to request proof of age at any stage so that we can verify that minors under the age of 13 are not using our Services. If You have added and listed a Visitor or User under the age of 13 you hereby declare to Body Engineering that You are the parent or legal guardian of such Visitor or User with sufficient rights to do so. In the event that it comes to our knowledge that a person under the age of 13 is using our Website, Application and/or the Services, not in accordance with the abovementioned terms, we will use our best efforts to prohibit and block such Visitor or User from accessing our Website, Application and/or the Services and will use our best efforts to promptly delete any Personal Information.
Third-Party Websites
The Website may contain links to third-party websites (“Third-Party Sites”). We do not endorse or sponsor such Third-Party Sites and we are not responsible for their privacy practices. Please refer to the privacy policies of those Third-Party Sites for more information.
California Residents and the California Consumer Privacy Act (CCPA) Notice
If you are a California resident you have certain rights. California Users should understand that Body Engineering does not sell User data to third parties. Almost all User data is kept in encrypted storage, including all User created transcripts. State Law requires Body Engineering to retain such records for at least seven years. The CCPA does not generally apply to medical information governed by the California Confidentiality of Medical Information Act (CMIA) or protected health information collected by a covered entity or business associate governed by the privacy, security, and breach notification rules of the Health Insurance Portability and Accountability Act (HIPAA) and Health Information Technology for Economic and Clinical Health (HITECH) Act of 2009.
“Shine-the-Light Law”: Once every year, residents of California have the right to request whether Body Engineering has shared their personal information (non-medical record data only) with other companies for direct marketing purposes during the preceding calendar year. To request a copy of this information, please contact us on the link on the website or at our email address Info@BeReact.com. Please allow a reasonable time for a response.
Minors: If you are a California resident and under the age of 18, and a registered User, you have the right to request and obtain removal of content or information you have publicly posted on our site. Body Engineering does not have Users below the age of 13 and does not allow or enable Users to publicly post information on our Website. However, if you think that you have indeed posted information on the Website and you are between the ages of 13 and 17, please contact us through our Website or via email at Info@BeReact.com. Please note that this request does not necessarily mean complete removal of the information/content you may have posted and that there may be circumstances in which the law does not require or even allow removal of data, specifically medical data, even if requested. Please allow reasonable time to respond to this request.
Right to Know: You may request access to your specific personal data collected by us over the past 12 months. You may also request additional details about our information practices, including the categories of your personal data collected by us, the sources of the collection, the categories of personal data we share for business or commercial purpose, and the categories of third parties with whom we share your personal data. You may make these requests by contacting us on at the “contact us” link on the website, or via email Info@BeReact.com. Please note the response may take a reasonable amount of time.
Designated Agent: You may designate an agent to make any of the requests on your behalf, such agent must be authorized to and have access to your account in order for us to confirm requests.
Non-Discrimination: Body Engineering will never discriminate against you, for exercising your rights.
Changes to This Privacy Policy
This Privacy Policy is effective as of the date at the top of Privacy Policy. We may amend it from time to time, and will post any changes on the Website as soon as they go into effect. By accessing the Website, Application and/or using the Services after we make any such amendments to this Privacy Policy, it will be considered to have accepted such changes. Please refer back to this Privacy Policy on a regular basis to note changes.
Contact Us
If you have questions about this Privacy Policy, please e-mail us at Info@BeReact.com, “Privacy Policy” in the subject line.