Last Updated: February 21, 2020
Information Collection: Categories of Data and Sources
We collect personal information from you directly, when you use the Offering, from our Brand Partners, and from third parties. This section describes the categories of personal information we collect about you and the sources of that information.
Registration and Payment Information
When you make a purchase on our Sites or through our Service, sign up for an Account, or sign up to receive notifications or updates, we collect personal information about you including, among other things, your name, email address, telephone number, and/or physical address. We use a third-party service certified to be in compliance with Payment Card Industry security standards to securely receive, process, and store credit card or other payment information. To keep your financial data secure, we do not store full credit card information on our servers.
Profile Information. If you choose to link your Account with your account with any of our Brand Partners, including as may be required to validate your eligibility for access to the Service as a benefit of your subscription to a Brand Partner’s services, we may receive and automatically populate certain profile information fields in your Account, such as your gender, height, weight, age, date of birth, unique identification number with such Brand Partner, in-person club or studio preferences, in-person club or studio visits, in-person and digital workout activity, purchases, and information about your past communications with such Brand Partner. We use this information to personalize your experience on the Service and the Sites, to provide you with the best member experience across our Brand Partners, address any customer service issues you experience, and to create a comprehensive fitness experience that integrates your online, in-studio, and other fitness activities.
Purchases and Subscriptions. We collect information about your Product purchases, your type of membership to the Service, and any other purchase you make through the Offering. If you choose to link your Account with your account with any of our Brand Partners, we will collect information about your membership or subscription status with such Brand Partners, and we may receive information about your purchases and other transactions with them.
Workout Activity. When you use the Offering, we receive information about the workouts and other activities you input, the Variis digital workouts that you select, and metrics associated with those workouts such as your Bike metrics (e.g., cadence, distance, speed, etc.). If you utilize personal training services through the Offering, we will also receive information about the workouts and content your trainer selects for you and other information about your session that you or your trainer input into the Offering. We also receive information about your workouts and other activities from our Brand Partners as part of providing a comprehensive fitness platform when your Account is linked to your account(s) with a Brand Partner. For example, we may receive information about your check-ins or workouts at a Brand Partner’s gyms or studios or on their digital platforms. We use all of this information to help you track your progress across your linked accounts, to personalize your experience in the Offering, to communicate with you, and for marketing purposes.
Health Tracker Data. If you choose to link data collected by your wearable fitness device, a health data collection application, or other third-party health-tracking offering (“health tracker”) to your Account, or if you have linked a health tracker to one or more Brand Partner accounts linked to your Account, we will receive certain data from those health trackers, for example, calories burned, sleep patterns, heart rate, workout activity and other data collected by the health tracker. We will use this information to help you track your fitness progress across your linked accounts, to tailor your experience within the Offering to your goals and interests, and to communicate with you.
Location Information. When you use the Offering, we will receive your precise location information if you allow us to do so in your device settings. We may also receive your precise location information if you have linked your Account with a Brand Partner account or health tracker that receives your precise location information, or we may be able to infer such information when you have linked your Account with a Brand Partner account and visit that Brand Partner’s facility or event. We may also collect the precise location of your device when the application is running in the foreground or background when the application is closed. We use your location information for engagement-based marketing purposes (for example, letting you know that one of your favorite instructors is offering a class at a club or studio located near you, to offer you promotions, etc.), to enable particular features that we believe will enhance your user experience (for example, enabling you to track your outdoor workout activities or access route maps), and to conduct analytics to improve the Offering. You can prevent your device from sharing precise location information at any time through your device’s operating system settings. We also infer your general location information, for example, by using your internet protocol (IP) address.
Device Information. We receive information about the device and software you use to access the Offering, including IP address, web browser type, operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, and push notification tokens. We may also receive information about the device and software you have used if you have linked your Account with a Brand Partner account that receives your device and software information.
Usage Information. To help us understand how you use the Offering and to help us improve it, we automatically receive information about your interactions with the Offering, such as the pages or other content you view, the searches you conduct, purchases you make, the music you listen to, and the dates and times of your visits.
Communications-Related Information. If you contact us directly, we may collect additional information about you. For example, when you provide feedback on the Offering or contact our Member Experience team, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide. If you subscribe to receive electronic communications from us, then we will collect certain information from you, such as your email address. We also collect information you provide by participating in surveys or studies. When we send you emails, we may track whether you open or interact with them to learn how to deliver a better customer experience and improve the Offering.
If you use the Offering to communicate with personal trainers, instructors, or other customers of the Offering, we may log information about your communications (such as length of communications session and originating and terminating phone numbers or IP address) and may monitor or record communications for security purposes and to enforce our Terms and Conditions and our acceptable use policy and to protect our employees, trainers, customers, and other individuals with whom you communicate.
Information from Cookies and Similar Technologies. We may collect personal information using cookies, pixel tags, or similar technologies. At our direction, third parties, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. To the extent that any of these practices may be considered to be a “sale” of personal information under California law, you have the right to opt out at any time, as detailed in Section 5 below. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Offering. Please review your web browser’s “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Offering, you may not be able to utilize the features of the Offering to their fullest potential.
Third Party Data. We may occasionally acquire demographic and other data about our customers and prospective customers. We only acquire this information from reputable third parties that have notified you about their data collection practices and given you the opportunity to opt out of the sale of that information. We use this information to better understand and communicate with our customers and to market the Offering.
Careers. If you apply for a job with us, you may submit your contact information and your resume online. We will collect the information you choose to provide with your application and on your resume, such as your education and employment experience. If you apply to us through one of our third-party partners, we will collect the information you make available to us through that partner.
How We Use the Information We Collect
In addition to the uses described above, we use the information we collect:
To provide, maintain, operate, improve, de-bug, and enhance the Offering;
To enable and process payments for Service membership subscriptions and Product purchases;
To personalize your and others’ experience on the Offering, such as by providing tailored content and recommendations;
To provide a seamless and integrated fitness experience across different brands, working with our Brand Partners;
To understand and analyze how you use the Offering;
To understand and analyze how you use various fitness products and services across different brands, working with our Brand Partners;
To develop and to enable our Brand Partners to develop new products, services, features, and functionality;
To measure the effectiveness of our advertising and marketing campaigns;
For research and analytics purposes, including market research, new feature and product testing, and health, fitness, and technology research;
To communicate with you, provide you with updates and other information relating to the Offering, provide information that you request, respond to comments and questions, conduct surveys, and otherwise provide customer support;
To facilitate the connection between your use of the Offering and third-party services or applications, such as social networks, when you intentionally interact with such third-party services or applications;
For marketing and advertising purposes, such as developing and providing promotional and advertising materials that may be relevant, valuable, or otherwise of interest to you;
To send you calls, text messages, emails, and/or push notifications either by us or our logistics providers on our behalf, including autodialed calls and/or text messages, for transactional or operational purposes, such as updates on the delivery status of your order;
To facilitate transactions and payments;
To find and prevent fraud, and respond to trust and safety issues that may arise;
For compliance purposes, including enforcing our Terms and Conditions and complying with our contractual obligations with third parties such as music licensors; and
For other purposes for which we provide specific notice at the time the information is collected or obtain your consent.
How We Share the Information We Collect
Brand Partners. We may share any of the information described in Section 2 above with our Brand Partners with whom you have a linked account or otherwise intentionally interact through the Offering, for any of the purposes described above and for their use, including marketing, and to provide a seamless and integrated fitness experience across different brands. We may also share limited information about your identity, such as name or email address, for the limited purpose of determining whether you have a preexisting account with a Brand Partner.
Personal Training. If you choose to utilize personal training services available through the Offering, certain information, for example, your profile information, workouts completed, workout metrics, or information from wearable devices or fitness equipment, such as heart rate, will be visible to your trainer(s).
Vendors and Service Providers. We work with third-party service providers to perform services on our behalf, and we may share your information with such service providers to help us provide the Offering, including all of the things described in Section 2 above.
Social Networks and Other Online Services. The Offering allows you to choose to share information with social networking services, such as Twitter, Facebook, Instagram, and other online services. You are responsible for any such sharing and understand and agree that the use of your information by any social networking websites or other online services will be governed by the privacy policies of these third-party platforms and your settings on that platform. We encourage you to review their privacy policies.
Service Providers. We use other companies to help us run our business. Some of these service providers may have access to personal information we’ve collected. We provide such access pursuant to agreements that require service providers to protect your personal information and to only process your personal information in connection with helping us run our business.
As Required by Law and Similar Disclosures. We may access, preserve, and disclose your information if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others’ rights, property, or safety.
Consent. We may also disclose your information with your permission.
Your Choices; Notice for California and Nevada Residents and Others
Privacy Rights-Related Requests. We are committed to protecting the privacy of all users of the Offering and will use commercially reasonable efforts to honor requests made by any individual about whom we have collected personal information. Depending on your state of residence, you may have specific legal rights related to such requests.
The California Consumer Privacy Act of 2018 (“CCPA”) gives California residents certain rights with respect to their personal information. If you are a California resident, we are committed to compliance with CCPA. Under CCPA, you may have the right to make certain requests:
You may have the right to know about personal information that we have collected, disclosed, or sold, including:
The categories of personal information we have collected or shared about you in the preceding 12 months,
The categories of sources from which we have collected that information in the preceding 12 months,
The commercial or business reason(s) we have collected or shared that information, and
The categories of third parties with whom we have shared or to whom we have sold that information in the preceding 12 months.
In addition, upon receipt of a verifiable request from you establishing your identity, we may be obligated to disclose specific pieces of personal information that we have collected about you. Under some circumstances, you may have the right to request deletion of some or all of that information. You may be entitled to designate an authorized agent to exercise these rights on your behalf.
To make a privacy-related request, including a request related to the exercise of your rights under theCCPA or any other law, please complete our [privacy request webform] or send an email to email@example.com. Requests for access to or deletion of personal information are subject to our ability to reasonably verify your identity. In order to do so we may ask you to provide additional information that can be matched with information that we maintain. To authorize an agent to make a request to know or delete on your behalf, we will require you and/or the authorized agent to provide to us written proof of their authorization to act on your behalf.
We are prohibited by law from treating you in a discriminatory fashion as a result of your election to exercise any rights you have under CCPA.
Shine the Light. If you are a California resident, you may have the right to receive a free, yearly accounting of the following information for the preceding calendar year: (1) information identifying each third-party company to whom we may have disclosed, within the past year, personally identifiable information about you for direct marketing purposes; and (2) a description of the categories of personally identifiable information disclosed.
Location Information. You can prevent your device from sharing precise location information at any time through your device’s operating system settings. We may, however, continue to collect information about the location of any Brand Partner facility or event where you check in, while you have your Account linked with your Brand Partner account.
Marketing Communications. You can unsubscribe from our promotional emails via the link provided in the emails, request to be added to our internal “do not call” list for marketing calls by contacting Member Experience, and revoke your consent to receive marketing text messages by replying to any of our marketing text messages with the word “STOP.” Even if you opt out of receiving promotional messages from us, you will continue to receive administrative messages from us.
Do Not Track. There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals.
Security. We make reasonable efforts to protect your information by using physical, technical, and administrative safeguards designed to improve the security of the personal information we collect, maintain, or otherwise process. However, as no electronic transmission or storage of information can be entirely secure, we can make no guarantees as to the security or privacy of your information.
International Visitors. The Offering is hosted in the United States and intended for visitors located within the United States. If you choose to use the Offering from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Offering. By providing any information, including personal information, on or to the Offering, you consent to such transfer, storage, and processing.
Contact Information. If you have any questions, comments, or concerns about our processing activities, please email us at firstname.lastname@example.org or write to us at Equinox Media LLC, Attn: Privacy Requests, 513 W. 54th Street, New York, NY 10019.