Privacy Policy

Section I. The NOW Privacy Policy Overview

THENOW, LLC and its subsidiaries and other affiliate companies (collectively, “Company” or “The NOW” or “us” or “we” or “our”) respect your privacy and are committed to protecting it through our compliance with this policy.

This privacy policy (“Privacy Policy” or “Policy”) describes our privacy practices in connection with our website thenowmassage.com and any other website or mobile application that we own or control that links to this Privacy Policy (collectively, the “Site”) and our privacy practices in connection with other aspects of our business, including our offline interactions, physical locations and the products and services that we provide (collectively, “Services”). In this Privacy Policy, “you” means any person who visits our Site, uses our Services, communicates with us on the phone, by email, or text, or visits our U.S. locations. This Privacy Policy also describes the rights and choices available to individuals with respect to their information. We may provide additional or supplemental privacy policies to individuals for specific interactions at the time we collect personal information, such as employment interactions. Any such supplemental privacy policies will govern how we may process the information in the context of the specific interaction.

The Effective Date of this Privacy Policy is published at the top of the page. The NOW reserves the right in its sole discretion to amend this Privacy Policy at any time. This Privacy Policy may change from time to time. Your continued use of any Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

This Policy does not address the privacy or information collection, use, disclosure and/or retention practices of any third-party entities. Please review any applicable third-party entity’s privacy policy for more information regarding such third-party entity’s own privacy or information practices. Company has no liability with respect to the use or misuse of personal information by such third-party entities or any failure to comply with such third-party entities’ privacy policies. If you choose to use our Site or Services, your use and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including limitations on damages, resolution of disputes and application of the law of the state of California.

Section II. Consent

By accessing, browsing, or otherwise using the Site or our Services, you expressly consent to the Terms of Use and to this Privacy Policy, including our collection, storage, use, and disclosure of your information, including personal information in accordance with this Privacy Policy and the Terms of Use. Please read this Privacy Policy and the Terms of Use carefully to understand our practices and your options. If you do not agree to the terms of this Privacy Policy, you must not use our Site or our Services.

Section III. Privacy of Children

Our Site and Services are not intended for children. You must be at least thirteen (13) years of age to use the Site and/or Services related to the Site. If we learn or have reason to suspect that a user is under age thirteen (13), we will promptly delete any personal information in that user’s account.

Section IV. What is Personal Information?

For the purposes of this Privacy Policy personal information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could be linked, directly, or indirectly, with a particular individual or household. Personal information does not include publicly available information.

Section V. Categories of Information We Collect

The NOW collects the information you give us when you contact us, access the Site, opt-in to receive alerts or other information from us via email, text, or instant message, or use our Services. We collect your personal information for the purposes described in this Privacy Policy. The information we collect includes:

• Identifiers and contact information, such as your name, address, phone number, username, or email address;
• Personal information described in the California Consumer Privacy Act of 2018 (“CCPA”), such as your signature; state identification card number; physical characteristics or description; insurance policy number; education; employment or employment history; bank account number, credit card number, debit card number, or any other financial information; or medical information or health insurance information;
• Protected classification characteristics under California or federal law, such as age (40 years or older), marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, or military and veteran status;
• Purchase or other commercial information, such as the items you purchase, shipping address, and contact information (such as for receipts or order updates);
• Internet or other similar network activity, such as browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement;
• Geolocation data, such as physical location or movements;
• Inferences drawn from other personal information, such as a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Sensitive personal information is a subtype of personal information consisting of specific information categories. While we collect information that falls within the sensitive personal information categories listed below, the CCPA does not treat this information as sensitive because we do not collect or use it to infer characteristics about a person.

• Government identifiers, such as your Social Security number, driver’s license, state identification card, or passport number;
• Complete account access credentials, such as user names, account numbers, or card numbers combined with required access/security code or password;
• Precise geolocation, such as your physical location within a small area (1,850 feet radius);
• Health information.

We may collect data that may be categorized as consumer health data pursuant to certain state laws, if applicable. To the extent that we collect consumer health data, any such data is collected only to the extent necessary to provide the Services requested by a consumer or with the consumer’s consent. Consumer health data we collect may consist of physical or mental conditions or health history that you provide voluntarily in connection with the Services you have requested. We do not share consumer health data with third parties. Information in your customer profile, including consumer health data, may be visible to our employees and providers to track services that may be provided over time and at multiple locations. Please see “Your Choices and Access Requests” below for information about exercising consumer rights with respect to your personal information.

Section VI. How We Collect Information (Sources)

We collect information on our Site and during calls and communications with you. We also obtain information from you and from third parties. For example, we collect and obtain information:

• You provide, such as when you make a purchase, interact with a salesperson, visit or contact us, register for an online account, participate in a contest or sweepstakes, respond to a survey, engage in a promotional activity, apply for employment, or sign up for emails or marketing;
• From Wi-Fi and mobile devices, such as information about your device when you use our Site or Services;
• From third parties, such as service providers that we use, analytics companies, advertising networks and cooperatives, demographic companies, third parties that provide us with information about you and the different devices you use online, and other third parties that we choose to collaborate or work with;
• From social media platforms and networks that you use in connection with our Site or mobile application, or that share or allow you to share information with us, such as Facebook, Twitter, Pinterest, and Instagram. For example, if you use functionalities, plugins, widgets, or tools from social media platforms or networks in connection with our Site (e.g., to log into an account, or to share inspiration, finds, purchases, and other content with your friends and followers on social media), we will collect the information that you share with us, or that those social media platforms or networks share with us.       For more information about social media platform and network privacy practices, please review the privacy policies and settings of the social media platforms and networks that you use; and
• Using cookies and automatic collection methods.       For example, we and third parties we work with may collect information from the computer, tablet, phone, or other device that you use to access our Site or use our Services, or that you use to open an email or click on an advertisement from us. Methods we use include:
  • Cookies (which may be session-based or persistent, and are typically small data files that are stored on your hard drive or in connection with your Internet browser).
  • Web beacons or tags (small images embedded into websites or emails that send information about your computer, tablet, phone, or other device when you visit our website, use or mobile application, or open an email we send to you).
  • Website and mobile application log files (which we tend to create automatically in connection with access to and use of our website and mobile application).
  • Flash cookies or Local Stored Objects (which may be placed using Adobe Flash software—learn more about privacy and storage settings for Flash cookies here); and
  • Other technologies (which may be similar to or different than the methods noted above).

Cookies are used to help us understand your preferences for future visits based on previous or current Site activity. We also use cookies to compile aggregate data about Site traffic and Site interaction so that we can offer better Site experiences, tools and Services in the future. You may choose to have your computer warn you each time a cookie is being sent. Your browser can also be set to block cookies, but some features of the Site or our Services may not properly work. You can make these changes in your browser settings, however, since each browser is a little different, look at your browser’s “Help Menu” to learn the correct way to modify your cookies settings.

Section VII. How We Use Information

We use the information that we collect to conduct our business and to provide you with the best possible Services and experiences. We also may combine any or all of the information that we collect or obtain. Examples of how we use information include:

• To provide you with Services, such as to: fulfill your orders and process your payments; process, maintain and service your account(s); and to provide you with Services that we think you will like;
• To respond to you, such as when you: place an order; call us; make a request or inquiry; enter a contest or sweepstakes; complete a survey; or share a comment or concern;
• For personalization of your experiences with us, including to: remember your interests and preferences; customize the Services we share with you; facilitate your interactions with our salespeople; track and categorize your activity and interests on our Site, including by identifying the different devices you use; and to enrich your experience on our Site;
• For marketing and advertising, such as to: send you marketing and advertising communications, and to customize the marketing and advertising that we show you (we offer choices about marketing and advertising as noted in the Your Choices section below);
• For analytics, such as to: understand how you use our Site and our Services; understand how you shop with us; determine the methods and devices used to access our Site; troubleshoot technical difficulties and errors; and improve Site functionality;
• For our business purposes, such as: to operate and improve upon our business and lawful business activities; to maintain our programs, accounts, and records; for research; to determine your satisfaction with our Services; to detect and prevent fraud or misuse of our Services; and for any other business purpose that is permitted by law; and
• For legal and safety purposes, such as to: defend or protect us, our customers, you, or third parties, from harm or in legal proceedings; protect our rights; protect our security and the security of our customers, employees, and property; respond to court orders, lawsuits, subpoenas, and government requests; address legal and regulatory compliance; respond to an emergency; and notify you of product recalls or safety.

Section VIII. Who We Share Information With

Except as disclosed in this Privacy Policy, we do not share your personal information with any companies not part of The NOW or its parent, subsidiaries or related entities, and in no event will we ever sell or rent your personal information. We may share personal information with third parties for other purposes. For example, we may share personal information with:

• Our family of brands and companies, owned or controlled by us, including our affiliates, parents, and subsidiaries;
• Third parties and service providers that provide products or services to us, that help us market or advertise to you (including co-branded marketing and advertising), if you have not opted out of such marketing, or that provide services to you on our behalf. We may use third parties or service providers to help with managing our relationship with you, auditing interactions and transactions with you, processing your payments, to us or on our behalf, addressing security, fixing errors, helping us with advertising or marketing, maintaining accounts and providing customer service, helping with our internal research, verifying service quality or safety, and performing any of the other actions or activities allowed under this Privacy Policy;
• Social media platforms and networks such as Facebook, Twitter, Pinterest, and Instagram that offer functionalities, plugins, widgets, or tools in connection with our Site (e.g., to log into an account, or to share inspiration, finds, purchases, and other content with your friends and followers on social media). If you choose to use these functionalities, plugins, widgets, or tools, certain information may be shared with or collected by those social media companies—for more information about what information is shared or collected, and how it is used, see the applicable social media company’s privacy policy;
• Parties to business transactions such as those we deal with in mergers, acquisitions, joint ventures, sales of assets, reorganizations, divestitures, dissolutions, bankruptcies, liquidations, or other types of business transactions. In these types of transactions, personal information may be shared, sold, or transferred, and it may be used subsequently by a third party; and
• Additional third parties such as law enforcement, government entities, courts, or other third parties as required or allowed by applicable law, such as for the legal, protection, and safety purposes described under the “How We Use Information” section above, or otherwise to help prevent harm or fraud to us, you, our customers, or other third parties. We also may share personal information with third parties upon your request or with your approval, though we may not be able to accommodate all requests or for any other purpose disclosed by us when you provide the information. Finally, we may also share aggregated and/or anonymized data with others for their own uses.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of The Now, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

The categories of personal information we may disclose include:

• Identifiers and contact information;
• Personal information described in the CCPA;
• Internet or other similar network activity.

We do not sell, trade, or otherwise transfer to outside parties your personal information, outside of the situations detailed above, unless you consent otherwise.

Section IX. Security and Protection of Your Personal Data

We take the security of your personal information seriously and use reasonable electronic, personnel and physical measures to protect information from loss, theft, alteration, or misuse. However, in general, information transmitted through the Internet may not be perfectly secure, and we are unable to guarantee the security of your personal information. Please be advised that even the best security measures cannot fully eliminate all risks. We cannot guarantee that only authorized persons will access your information. We are not responsible for third-party circumvention of any privacy settings or security measures.

Wherever we or a trusted third-party service collects sensitive information (such as credit card data), that information is encrypted and transmitted in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser or looking for “https” at the beginning of the website address, also known as a URL, of the web page. When you make a purchase at our store with a credit card, our payment processor stores your credit card data, ensuring that it is encrypted through PCI-DSS, then deletes the transaction information as soon as it is no longer necessary. We will never transmit sensitive financial information by email.

We encourage you to take steps to help protect the confidentiality and security of your account and personal information, including by doing the following:

• Reviewing your account periodically and immediately reporting any unexpected activity or unrecognized information;
• Installing the latest security updates and anti-virus software on your computer to help prevent malware and viruses;
• Using complex passwords (a minimum of 7 alpha/numeric cAsE sEnsitive characters);
• Not using the same password on more than one website;
• Not sharing your password with others;
• Password protecting your computer and mobile device; and
• Signing out/logging off of website sessions so that your session is closed, especially when using a public computer.

We are dedicated to protecting all personal information as is necessary. However, you are responsible for maintaining the confidentiality of your personal information by keeping your password confidential. You should change your password immediately if you believe someone has gained unauthorized access to it or your account. If you learn of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody, you should notify us immediately.

Section X. Your Choices and Access Requests

You have the right to request we disclose what personal information we collect, use, or disclosed, and we strive to offer you choices about how personal information is used and shared. Your choices include:

• Social Media Platforms and Networks. We encourage you to review your privacy options and settings with the social media platforms and networks you use to understand what choices you have about sharing information from those platforms and networks with us.
• Email Choices. You can opt-out of marketing or advertising emails by using the “unsubscribe” link or mechanism noted in marketing or advertising emails you receive from us or info@thenowmassage.com. You may also request to opt-out of marketing or advertising emails by contacting us through one of the methods specified in the “Contact Us” section below and sharing the email address at which you are receiving marketing or advertising emails.
• Direct Mail Choices. You may opt-out of receiving marketing or advertising by direct mail by contacting us through one of the methods specified in the “Contact Us” section below and sharing the name and mailing address that you would like to opt-out. Please note that these requests may take up to 8–10 weeks to become effective.
• Telephone Choices (calls and texts). We will not place a call or send a text message for informational or marketing purposes without obtaining your consent. If you have opted-in, The NOW provides alerts, information, promotions, specials, and other marketing offers via text messages through your wireless provider to the mobile number you provided. By opting-in, you agree to receive recurring messages each month. You may need to confirm your consent, such as by following the instructions contained in an initial text message we send. Messages may be sent using an automatic telephone dialing system or artificial or pre-recorded messages. You understand that consent to receive such text messages is not required as a condition of purchasing any goods or services. Message and data rates may apply. You will have the ability to opt-out of receiving text messages, at any time, by texting “STOP” in response to a text message that you receive.       You can also opt-out of receiving marketing or advertising calls or text messages by contacting us through one of the methods specified in the “Contact Us” section below and sharing the phone number that you would like to opt-out. You agree to provide us with a valid mobile number. If you change your mobile number, you agree to opt out of the Services prior to changing your mobile number.
• Access Requests. If you have registered for an online account, we allow you to access and update certain personal information that you have provided to us by logging into your online account and using the features and functionalities available there. Unless alternate procedures are noted for your state in the “State Privacy Rights” section below, you may also make a request for access to your personal information by sending an email or writing to us at the address specified in the “Contact Us” section below. Only you, or a person legally authorized to act on your behalf (an “Authorized Agent”), may make a verifiable consumer request related to your personal information. We are not able to grant all access requests, and we may request additional information from you in order to verify your identity before accommodating an access request.

• Right to Request Deletion of Personal Information. You have the right to request deletion of your personal information. You can request the deletion of your personal information by emailing info@thenowmassage.com or calling (877) 248-1452. Only you, or an Authorized Agent may make a verifiable consumer request related to your personal information.
• Browsers Do Not Track Signals. While we strive to offer you choices when you use our Site and Services, we do not promise that we will be able to receive or honor web browser Do Not Track signals.

You may have additional rights in the state in which you reside. Please see the “State Privacy Rights” section below for additional information.

Section XI. Updating your Personal Information

It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of our relationship, please keep us informed of such changes.

Section XII. State Privacy Rights

Your state of residence (including without limitation California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Montana, Nevada, Oregon, Tennessee, Texas, Utah, Virginia, and Washington) may provide (now or in the future) their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose (excluding Iowa and Utah).
• Data portability.
• Opt-out of personal data processing for:
  • targeted advertising (excluding Iowa);
  • sales; or
  • profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
• Either limit (opt-out of) or require consent to process sensitive personal data.

The exact scope of these rights may vary by state. To exercise any of these rights please email us at info@thenowmassage.com or call us toll-free at (877) 248-1452. Please note that we may require additional information to confirm your identity and to verify the request.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request by email to info@thenowmassage.com or by calling us toll-free at (877) 248-1452. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

Section XIII. Governing Law and Jurisdiction; Cross Boarder Transfers

All matters relating to the Site and the Privacy Policy, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). This Site is operated, in whole or in part, from the United States. By using this Site, regardless of where you live in the world, you consent to have any personal information you provide through this Site transferred to and processed in the United States, and allow us to use and collect your personal information in accordance with this Privacy Policy. Text on this Site may be published in languages other than English. In all instances, the English language version of any text, including this Privacy Policy, controls the legal impact and interpretation of this Site and its use.

Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using our Site you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those in your country.

Section XIV. Authorized Agents

If you would like an Authorized Agent to submit a request on your behalf, please send us an email at info@thenowmassage.com for instructions and details on proof required for use of an Authorized Agent.

Section XV. Right to Non-Discrimination

We will not discriminate against you for exercising any of your rights under applicable privacy laws. Unless permitted by applicable law, we will not:

• Deny you Services.
• Charge you different prices or rates for Services, including through the use of discounts or other benefits or imposing penalties.
• Provide you with a different level or quality of Services.
• Suggest that you will receive a different price or rate for Services or a different level or quality of Services.

Section XVI. Updates to this Privacy Policy

We may make changes to this Privacy Policy, and may apply any changes to information previously collected, as permitted by law. When we make changes to this Privacy Policy, we will notify you by posting the updated Privacy Policy on our Site, and we will update the effective date at the top of this Privacy Policy. We may also send e-mails to our users who have created an account containing a link to the revised Privacy Policy.

Section XVII. Terms of Use

This Privacy Policy is subject to the Terms of Use, a copy of which is available here. It is important that you read the Terms of Use, as where there is a conflict between this Privacy Policy and the Terms of Use, the Terms of Use shall prevail.

Section XVIII. Accessibility

We recognize the need to develop electronic and information technology (“E&IT”) products and services that are accessible and usable by all people, including those with disabilities and special needs. We provide technical and customer support to accommodate the needs of users with disabilities and address issues related to the accessibility of The NOW’s Site and Services.

Contact Us

If you have any questions regarding this Privacy Policy or our practices, please contact us at:

The NOW

8149 Santa Monica Blvd.,

Suite 298

Los Angeles, CA 90046

E-mail: info@thenowmassage.com