Privacy Policy

Last Updated on: August 28, 2025

By using this website as a user (hereafter ““You””), You agree to the following Privacy Policy. Please read this policy carefully before using this website.

This website is owned and operated by The Present Moment LLC d/b/a The Here and Now, a New Jersey limited liability company (hereafter “Our,” “We,” or “Company”). Our principal place of business is located in Northern New Jersey and Southern New York State.

Our mailing address is:
27 Bear Mountain Road
Ringwood, NJ 07456

Contact Information for Privacy Requests:
Email: thepresentmomentllc@gmail.com

1. General

The Here and Now respects Your privacy and is committed to protecting Your personal information. This Privacy Policy explains how We collect, use, share, and protect Your information when You access Our website, purchase goods or services, attend in-person or online events, or interact with Us on social media.

We will update this policy as laws and practices evolve. The “Last Updated” date above indicates the most recent revision. By continuing to use Our website after changes are posted, You accept those changes.

2. Categories of Information Collected

We may collect the following categories of information, as defined under applicable laws:

(a) Personal Identifiers

  • Name, email address, phone number, billing/shipping address, account login details.

(b) Commercial Information

  • Records of products or services purchased, obtained, or considered.

(c) Financial Data

  • Limited payment information (processed by third-party providers such as PayPal, Stripe, or banks). We do not store full credit card numbers.

(d) Internet/Device Data

  • IP address, browser type, operating system, device identifiers, geolocation data, website pages viewed, referring/exit pages, and time/date of visits.

(e) Biometric/Wellness Data

  • Information voluntarily disclosed in relation to Reiki, sound baths, or wellness services. This is considered sensitive data and is protected accordingly.

(f) Social Media Data

  • Publicly available data from platforms such as Facebook, Instagram, or TikTok when You connect with Us.

(g) Other Data

  • Survey responses, contest entries, testimonials, or information You voluntarily provide.

3. Legal Basis for Processing (GDPR)

For users in the EU/UK, We rely on the following legal bases for processing personal data:

  1. Consent – when You voluntarily provide information (e.g., signing up for newsletters).

  2. Contractual Necessity – to fulfill purchases or provide services You request.

  3. Legal Obligation – to comply with tax, accounting, or regulatory requirements.

  4. Legitimate Interest – for fraud prevention, security, and business analysis.

4. How We Use Your Information

We may use Your data for:

  1. Providing, personalizing, and improving Our services;

  2. Processing payments, refunds, and service delivery;

  3. Sending confirmations, invoices, and receipts;

  4. Sending promotional and wellness-related communications (with opt-out available);

  5. Administering events, classes, giveaways, or surveys;

  6. Complying with legal obligations;

  7. Detecting, preventing, and addressing technical or security issues;

  8. Advertising and remarketing across platforms like Google Ads and Facebook Ads.

5. Sharing and Disclosure

We do not sell Your personal information. However, We may disclose Your data in the following situations:

  • Service Providers: Hosting providers, analytics vendors (e.g., Google Analytics), payment processors, email marketing platforms.

  • Legal Compliance: To respond to subpoenas, court orders, or regulatory authorities.

  • Business Transfers: If We are acquired, merged, or sold, Your information may transfer to a successor entity.

  • Affiliates/Partners: With trusted business partners who support Our wellness services, subject to confidentiality.

  • Advertisers: Aggregated, non-identifiable data may be shared for advertising purposes.

6. Cookies and Tracking Technologies

We use cookies, log files, and web beacons for:

  • Essential Functionality (account login, checkout, authentication)

  • Performance and Analytics (Google Analytics, tracking website traffic)

  • Personalization (remembering Your preferences)

  • Advertising/Remarketing (Google Ads, Facebook Ads)

You may disable cookies in Your browser, but some functionality may be limited. For opt-out options:

  • Network Advertising Initiative Opt-Out

  • Digital Advertising Alliance Opt-Out

7. Data Retention

We retain personal data only as long as necessary:

  • Financial records – 7 years (IRS & state compliance)

  • Marketing communications – until You opt-out

  • User accounts – until deleted by You or upon inactivity for 24 months

  • Wellness-related records – retained only with explicit consent

Once data is no longer needed, it is securely deleted or anonymized.

8. Data Security

We use industry-standard safeguards:

  • SSL encryption

  • Secure servers and firewalls

  • Access controls and employee confidentiality agreements

  • Regular monitoring for breaches

No system is 100% secure. By using Our services, You acknowledge the inherent risks of data transmission.

9. Data Breach Procedures

If We become aware of a breach involving Your data, We will notify affected users within 72 hours, as required under GDPR, NY SHIELD Act, and NJ law. We will also notify regulatory authorities when required.

10. Your Privacy Rights

Under U.S. Law (CCPA/CPRA for California Residents)

You have the right to:

  • Know what categories of data We collect and how it’s used;

  • Request access to specific pieces of personal information;

  • Request deletion of personal information;

  • Opt-out of data sharing for targeted advertising;

  • Non-discrimination for exercising privacy rights.

Requests may be made at info@thepresentmomentnj.com.

Under GDPR (EU/UK Residents)

You have the right to:

  • Access, correct, or delete Your data;

  • Withdraw consent at any time;

  • Request portability of Your data;

  • Object to processing or restrict processing;

  • Lodge a complaint with Your supervisory authority.

11. Children’s Privacy

Our services are not directed to children under 16. We do not knowingly collect data from minors. If discovered, such data will be deleted promptly.

12. Governing Law and Dispute Resolution

This Privacy Policy shall be governed by the laws of the State of New Jersey, United States, without regard to conflict-of-law principles.

Any disputes shall be resolved exclusively in the state or federal courts located in Passaic County, NJ. By using Our services, You consent to this jurisdiction.

13. Limitation of Liability

To the fullest extent permitted by law:

  • We disclaim liability for indirect, incidental, consequential, or punitive damages;

  • We are not responsible for third-party actions, security breaches beyond Our control, or Your failure to maintain secure login credentials.

14. International Transfers

If You are located outside the United States, You acknowledge that Your data may be transferred to and processed in the United States. We use Standard Contractual Clauses (SCCs) or equivalent safeguards for EU/UK data transfers.

15. Policy Updates

We may amend this Privacy Policy at any time. Updates will be posted on this page with a revised “Last Updated” date. Continued use of Our website constitutes acceptance of changes.