Privacy Policy

Defined Terms

Privacy Policy Key Definitions:

Introduction

Greetings from Mariana Tek!

To help achieve our mission to inspire, motivate, and enable people to improve their health and fitness, the Mariana Tek Corporation (henceforth “Mariana Tek”) collects and processes certain types of information. This Privacy Policy is intended to help you better understand how we collect, use, and store your personal information—whether you are a Client, End User, Developer, Partner, or Customer that uses Mariana Tek Services and/or Mariana Tek Developer Tools, or whether you’re simply visiting our website at https://marianatek.com or any other Mariana Tek Websites. By using any of Mariana Tek’s Services or Developer Tools, or by interacting with a Client using Mariana Tek’s Services, you are agreeing to the terms of this Privacy Policy and, as applicable, the Mariana Tek Terms of Service.

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. If we make material changes to this Privacy Policy, we will give you notice of such changes by posting the revised policy at https://marianatek.com/privacy, and where appropriate, by other means. By continuing to use this and other Mariana Tek Websites or the Mariana Tek Support Service after these changes are posted, you agree to the revised policy.

Information from Clients

Privacy matters! If you are a Client, your End Users need to understand how you, as the data controller, and Mariana Tek, as service provider, collect and process their personal information. Accordingly, if you use the Mariana Tek Services or Mariana Tek Developer Tools, you agree to post an up-to-date and accurate privacy policy on your website that complies with the laws applicable to your business. You also agree to obtain consent from your End Users and Customers for the use and access of their personal information by Mariana Tek and other third parties, as applicable. In addition, if you are collecting any sensitive personal information from your End Users and Customers, you agree to obtain affirmative, express consent from them for the use and access of sensitive personal information by Mariana Tek and other third parties, as applicable.

What information do we collect from Clients and why?

  1. We collect your name, company name, business addresses, email addresses, phone number(s), social media handles, and payment details.
  2. We use this information to provide you with the Mariana Tek Services; for example, to confirm your identity, contact you, provide you with advertising and marketing, and invoice you. We also use this information to make sure that we comply with legal requirements.
  1. We collect data about the Mariana Tek Websites that you visit. We also collect data about how and when you access your account and the Mariana Tek platform, including information about the device and browser you use, your network connection, your IP address, and information about how you browse through the Mariana Tek interface.
  2. We use this information to give you access to and improve the Mariana Tek Services and Developer Tools; for example, to make our platform interface easier to use. We also use this information to personalize the Mariana Tek Services and Developer Tools for you. Finally, we may use this information to provide you with advertising or marketing.
  3. We collect personal information about your End Users and Customers that you share with us or that End Users and Customers provide while shopping or during checkout.
  4. We use this information to provide you with the Mariana Tek Services and so that you can process orders and better serve your End Users and Customers.
  5. Where we need to verify your identity (for example, if there are concerns around identity theft, or if you call into support and we need to authenticate your account), we may request that you provide us with government-issued identification information.
  6. We use some of the personal information you provide us to conduct some level of automated decision-making -- for example, we use certain personal information to help us screen accounts for risk or fraud concerns.
  7. We will also use personal information in other cases where you have given us your express permission.
  8. When do we collect this information?
  9. We collect personal information when you sign up for the Mariana Tek Services and/or Developer Tools, when you access the Mariana Tek Services and/or Developer Tools or otherwise provide us with the information.
  10. When and why do we share this information with third parties?
  11. Mariana Tek works with a variety of third parties and service providers to help provide you with and improve the Mariana Tek Services and we may share personal information with them to support these efforts.
  12. We may also share your information in the following circumstances:
  13. to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.
  14. to help us conduct marketing and/or advertising campaigns.
  15. to conform to legal requirements, or to respond to lawful court orders, subpoenas, warrants, or other requests by public authorities (including to meet national security or law enforcement requirements).
  16. Personal information may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding. If this happens, we will post a notice on our home page.
  17. Mariana Tek does not sell your data to third parties and will always ask for your consent before sharing your personal information with third parties for purposes other than those described in this Section 2.
  18. Information from End Users
  19. What information do we collect from our End Users and why?
  20. We collect our End Users’ name, email address, phone number, home and billing addresses, birthday, emergency contact, payment details, IP address, information about orders they initiate, information about the Mariana Tek-supported client sites that they visit, and information about the device and browser they use.
  21. We use this information to provide our Clients with the Mariana Tek Services, including supporting and processing orders, risk and fraud screening, authentication, and payments. We also use this information to improve the Mariana Tek Services.
  22. We use some of the personal information End Users provide us to conduct some level of automated decision-making -- for example, we use certain personal information (for example, IP addresses or payment information) to automatically block certain potentially fraudulent transactions for a short period of time.
  23. When do we collect this information?
  24. We collect this information when End Users use or access the Mariana Tek Services directly; when they interact with the Mariana Tek Services while visiting a Client’s fitness studio or other physical location; or when they use a website or application that uses the Mariana Tek Services (e.g. when visiting a Client’s site and placing an order or signing up for an account).
  25. Additionally, we partner with third parties who provide us information about End Users, for example to help us screen out End users associated with fraud.
  26. When and why do we share this information with third parties?
  27. Mariana Tek works with a variety of third parties and service providers to help provide our Clients with the Mariana Tek Services and we may share personal information with them to support these efforts.
  28. We may also share End User information in the following circumstances:
  29. to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Mariana Tek Services, or as otherwise required by law.
  30. If the Client whose website you visit or access directs us to transfer this information (for example, if they enable a third party app that accesses End User personal information).
  31. to conform to legal requirements, or to respond to lawful court orders, subpoenas, warrants, or other requests by public authorities (including to meet national security or law enforcement requirements).
  32. Personal information may also be shared with a company that acquires our business or the business of a Client whose website or mobile application you visit or access, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding.
  33. Information from Partners
  34. Partners are individuals or businesses that have agreed to the terms of the Mariana Tek Developer Tools Agreement or the Mariana Tek Partner Program to work with Mariana Tek to promote the Mariana Tek Services by (a) referring clients to Mariana Tek; (b) developing websites or mobile applications for client use; or (c) developing applications using the Mariana Tek Developer Tools.
  35. What information do we collect from Partners and why?
  36. We collect information like your name, company name, website, phone number(s), address, business type, email address and payment details.
  37. We use this information to work with you, confirm your identity, contact you, pay you or be paid by you (if applicable) and to screen for risk, fraud, or other similar types of issues.
  38. We collect data about the Mariana Tek Websites that you visit. We also collect data about how and when you access your account and the Mariana Tek platform, including information about the device and browser you use, your network connection, your IP address, and information about how you browse through the Mariana Tek interface.
  39. We use this information to give you access to and improve the Mariana Tek Services; for example, to make our platform interface easier to use. We also use this information to personalize the Mariana Tek Services for you.
  40. We collect personal information about your Customers that you share with us or that they provide to us directly.
  41. We use this information to work with you and to provide the Mariana Tek Services to your Customers.
  42. We may also use personal information in other cases where you have given us express permission in order to improve Mariana Tek Services.
  43. When do we collect this information?
  44. We collect this information when you sign up for a partner account, when you sign up one of your customers for the Mariana Tek Services, or when your customers sign up themselves. We also collect any additional information that you might provide to us.
  45. When and why do we share this information with third parties?
  46. Mariana Tek works with a variety of third parties and service providers to help provide you with the Mariana Tek Services and we may share personal information with them to support these efforts.
  47. We may also share your information in the following circumstances:
  48. to prevent, investigate, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service or any other agreement related to the Services, or as otherwise required by law.
  49. to conform to legal requirements, or to respond to lawful court orders, subpoenas, warrants, or other requests by public authorities (including to meet national security or law enforcement requirements).
  50. Personal information may also be shared with a company that acquires our business, whether through merger, acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding. If this happens, we will post a notice on our home page.
  51. Mariana Tek will always ask for your consent before sharing your personal information with third parties for purposes other than those described in this Section 4.
  52. Information from visitors to Mariana Tek Websites and users of Mariana Tek Support Service
  53. What information do we collect and why?
  54. As you visit or browse the Mariana Tek Websites, we collect information about the device and browser you use, your network connection, your IP address, and information about the cookies installed on your device. We also collect personal information submitted by you via any messaging feature available from any of our websites (“Messaging Feature”).
  55. From telephone support users, we may collect your phone number, call audio, and other personal information you provide us during our call. Pursuant to our Terms of Service, we may request additional documentation from you during our call to verify your identity.
  56. From chat support users, we may collect your name, email address, information about the device and browser you use, your network connection, your IP address, chat transcript, and other personal information you provide us during our chat. Pursuant to our Terms of Service, we may request additional documentation from you during our chat to verify your identity.
  57. We use this information to verify your account, to provide and enhance the Mariana Tek Services (including supporting or servicing your account, if applicable), and answer any questions you may have.
  58. When do we collect this information?
  59. We collect this information when you visit the Mariana Tek Websites, use the Mariana Tek Services offered on our websites or engage with us either by email, web form, instant message, phone, or post content on or through our websites (including forums, blogs and via any Messaging Feature). We also collect any additional information that you might provide to us.
  60. Information from cookies and similar tracking technologies
  61. What is a cookie? A cookie is a small amount of data, which may include a unique identifier. Cookies are sent to your browser from a website and stored on your device. We assign a different cookie to each device that accesses our website.
  62. Why does Mariana Tek use cookies and similar tracking technology?
  63. We use cookies to recognize your device and provide you with a personalized experience on the Mariana Tek Websites, or otherwise through the Mariana Tek Services. We also use cookies as part of the Mariana Tek Services, for example to operate the shopping cart for our Clients’ websites.
  64. We may also use web beacons, software development kits, and other automated tracking methods on the Mariana Tek Websites, in communications with you, and in our products and services, to measure performance and engagement.
  65. Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
  66. Third party apps
  67. Mariana Tek’s platform allows Clients to connect with third party applications to alter or provide new functionalities. Mariana Tek is not responsible for and has no control over how these apps function. Clients ultimately control which apps they choose to use, and are responsible for making sure that they do so in compliance with relevant privacy and data protection requirements.
  68. For how long do we retain your personal information?
  69. In general, we keep your personal information throughout your relationship with us. For Clients, this means we will keep your information as long as you have an active Master Services Agreement or Terms of Service Agreement with us. For Partners, this means we will keep your information until you inform us that you wish to terminate your partner relationship with us. For our End Users, we generally process your information solely as a data processor or service provider on behalf of our Clients, and it is up to the Client to determine how long they will store your information in our systems.
  70. Mariana Tek acts as a data processor or service provider on behalf of our Clients, except where personal data of End Users is used for the purposes specified for us in Section 3 ‘What do we use this data for?’ Purposes include for risk and fraud screening.
  71. Once you terminate your relationship with us, we generally will continue to store archived copies of your personal information for legitimate business purposes such as to defend a contractual claim or for audit purposes and to comply with the law, except when we receive a valid erasure request.
  72. We will continue to store anonymous or anonymized information, such as website visits, without identifiers, in order to improve the Mariana Tek Services.
  73. What we don’t do with your personal information
  74. We do not and will never share, disclose, sell, rent, or otherwise provide personal information to other companies (other than to specific Mariana Tek Clients you are interacting with, or to third party apps or service providers being used by those Clients if you are an End User, or Partners that you hire or contract if you are a Client) for the marketing of their own products or services.
  75. If you are a Client using the Mariana Tek Services, we do not use the personal information we collect from you or your End Users to independently contact or market to your End Users without your permission. However, Mariana Tek may contact or market to your End Users if we obtain their information from another source, such as from the End Users themselves.
  76. How do we keep your personal information secure?
  77. We follow industry standards on information security management to safeguard sensitive information, such as financial information, intellectual property, employee details and any other personal information entrusted to us. Our information security systems apply to people, processes and information technology systems on a risk management basis.
  78. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.
  79. Control over and access to your personal information
  80. Mariana Tek understands that you have rights over your personal information, and takes reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. If you are a Client or a Partner, you can update many types of personal information, such as payment or contact information, directly within your account settings. If you are unable to change your personal information within your account settings, or if you are concerned about data collected as you visit the Mariana Tek Websites or use the Mariana Tek Support Service, please contact us to make the required changes. If you are an End User and wish to exercise these rights, please contact the Clients you interacted with directly -- we serve as a processor or service provider on their behalf, and can only forward your request to them to allow them to respond. It’s important to remember that if you delete or limit the use of your personal information, the Mariana Tek Services may not function properly.
  81. How to contact Mariana Tek
  82. If you would like to make a legal request, or serve a subpoena or similar document seeking information about our clients, their websites or mobile applications, or other parties whose data we process, please contact Mariana Tek at the address below.
  83. If you have any questions about your personal information or this policy, or if you would like to make a complaint about how Mariana Tek processes your personal data, please contact Mariana Tek by email at privacy@marianatek.com.
  84. MARIANA TEK CORPORATION
  85. 1717 K St NW, Suite 1100Washington, DC 20006Last updated: January 28, 2020