EGYM Privacy Policy

1. Introduction

This Privacy Policy provides a comprehensive description of how EGYM, Inc. ("EGYM," "we", "us" or "our") collects, uses, and discloses information about you, and what rights and choices you have regarding such information. It applies to the Service as well as any offline location that makes this Privacy Policy available to you. The term "Service" refers to the following:

EGYM operated websites that post a link to this Privacy Policy, including www.egym.com and www.fitness-finder.com ("Sites");
EGYM operated apps that post a link to this Privacy Policy, including the EGYM Fitness App ("Consumer Apps") and fitness facility branded apps operated by EGYM that post a link to this Privacy Policy ("Branded Apps") (the Consumer Apps and Branded Apps are collectively, the "Apps");
EGYM operated fitness machines and body tracking machines that post a link to this Privacy Policy ("Equipment");
EGYM user accounts created through the Sites, Apps, or Equipment ("EGYM Accounts"); and
any other online service operated by us that posts a link to this Privacy Policy.

EGYM provides branded app experiences and technology services for gyms, health centers, physio practices, fitness facilities, and related companies (collectively, "fitness facility customers"). As further described in the "Information from Fitness Facility Customers" section below, information provided to EGYM by our fitness facility customers is governed by the terms of our agreements with those customers, and not this Privacy Policy. However, if you create an EGYM Account, EGYM may associate the information provided by our fitness facility customers with your EGYM Account, and our processing of that information is subject to this Privacy Policy.

Please note that your use of the Service is subject to our Terms.

If you have any questions, please contact us as set out in the "Contact Us" section below. If you are a data subject in the EEA, the collection of your personal data through the Service is governed by our EEA Privacy Policy. Please review that policy, as well as the disclosures below regarding the receipt of your personal data by EGYM. If you are a resident of California, Colorado, Connecticut, Nevada, Utah, or Virginia, please see the additional disclosures at the end of this Privacy Policy.

2. How We Collect Information

We collect information about you in a variety of contexts, as described below. Certain of this information may identify you personally (whether alone or in combination).

Information You Provide Through the Sites and Apps

When you use the Sites or Apps, you may be asked to provide information to us, such as when you register an EGYM Account, subscribe to or read our emails, enter a promotion or competition we sponsor, apply for a job, or contact support. The categories of information we collect include:

Contact identifiers, including your name, email address, postal address, and telephone number.
Characteristics or demographics, including your age and gender.
Commercial or transactions information, including records of products or services you purchased, obtained, or considered.
Account credentials, including your log-in and password details.
Payment information, including your payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process your payments and details of any transactions you make. This information is processed by our payment processors.
User-generated content, including information you upload to your profile (such as your photo and a personal description) and communications or feedback you send to us, for example to report a problem or to submit queries, concerns, or comments regarding services or content.
Professional, employment, or education-related Information, including employment details if you send us a CV, resume, or other details of your employment history in connection with an advertised job vacancy or a general inquiry regarding employment opportunities with us.
Third party contact identifiers: Your stored contacts are only accessed if you use the "refer a friend" function within an App to populate a text message to inform certain of your contacts that you are using the App.

Please do not provide any information that we do not request.

Information From Your Browser or Device

When you use the Sites or Apps, we and third parties we work with automatically collect information from the browser or device you use. The categories of information we automatically collect include:

Device identifiers, including the device's IP address and Ad Id.
Device information, including the device's operating software and browser (e.g., type, version, configuration), internet service provider, and regional and language settings and time zone
Internet activity, including information about features used, pages visited, emails and ads viewed, products and services viewed and purchased, date and time of browsing, and referring and exiting pages.
Non-precise location data, such as location derived from an IP address or data that indicates a city or postal code level.
Precise location data, such as your latitude/longitude, with your consent.

This information is automatically collected through cookies and other tracking technologies incorporated into our Sites and Apps, as described below:

Cookies. Cookies are small data files stored to your web browser that act as a unique tag to identify your browser. There are two types of cookies: session and persistent cookies. Session cookies exist only during an online session, and disappear from your device when you close your browser. We use session cookies to process your online transactions and requests, verify your identity, and make our Sites work. Persistent cookies remain on your device after you have closed your browser and may remain on your device for extended periods of time. We use persistent cookies to help personalize your experience, remember your preferences, support security features, track user activity and conversions, and bring you advertising (including targeted advertising).
Pixels. Pixels (also known as "web beacons") are small pieces of code embedded in web pages, emails, and advertisements that send information to a server. There are various types of pixels, including image pixels (which are small graphic images) and JavaScript pixels (which contain JavaScript code). Pixels are often used in combination with cookies and for similar purposes. When you access a location that contains a pixel, the pixel may permit us or another party to drop or read cookies on your browser, or collect other information about your browser or device.
App technologies. There are a variety of tracking technologies that may be included in our Apps, and these are not browser-based like cookies and cannot be controlled by browser settings. For example, our Apps may include third party SDKs, which are pieces of code released by third parties that provide certain functionality. App technologies are used for purposes similar to cookies and pixels, and may permit us or a third party to collect information from your browser or device.
Precise location technologies. With your consent, we may get access to the precise location technologies on your device (such as GPS or Bluetooth) and collect precise location data from your browser or device. We use precise location data purposes such as verifying your location, locating gyms in your area, and delivering or restricting relevant content based on your location.

For details on your choices regarding tracking technologies, please see the "Your Privacy Choices" section below.

Information Relating to Your Workouts

When you use the Sites or Apps, you may be asked to provide information to us relating to your workouts. The categories of information we collect include:

Gym data, including your gym membership ID, barcode, photo, membership type, favorite gym locations, and gym check-ins.
Training data, including your training targets, training experience and exercises, preferred training days, weights used, training challenges, and preferred equipment.
Physical characteristics, including your height, body weight, and target heart rate.

In addition, the Apps and Equipment may allow you to automatically provide information to us relating to your workouts. This data may be collected directly through the App or Equipment, or through third party fitness trackers, wearables, and devices that you link to our Apps and/or your EGYM Account. We only obtain this data at your direction and/or with your consent. The categories of information we collect include:

Training session data , including your running speeds, weights used, and workout intensity.
Physical characteristics exercise data , including your heart rate, weight, and posture.

Information From Fitness Facility Customers

EGYM provides branded app experiences and technology services for fitness facility customers. As part of our provision of services to fitness facilities, these customers may directly provide EGYM with information about you. For example, a gym to which you belong may share with us your contact identifiers, characteristics or demographics, commercial or transactions information, gym data, training data, and physical characteristics as necessary for us to provide services to them. Similarly, trainers employed by fitness facility customers may provide data about you through the EGYM trainer app we offer to fitness facility customers.

Our processing of information provided by our fitness facility customers and their trainers is governed by the terms of our agreements with those customers, and not this Privacy Policy. However, if you create an EGYM Account, EGYM may associate the information provided by our fitness facility customers with your EGYM Account, and our processing of that information is subject to this Privacy Policy. Further, any information collected directly through our Sites, Apps, or Equipment is subject to this Privacy Policy, as discussed above. Also, we automatically collect device identifiers, device information, internet activity, and non-precise location data about trainer use of the EGYM trainer app, and such processing is subject to this Privacy Policy.

Where we act as a service provider for our fitness facility customers, our customers, and not us, determine what information is shared with us. If you wish to not have your information shared by a fitness facility customer, please contact the fitness facility customer directly. We are not responsible for any customer data practices, and you should carefully review the applicable customer's policies.

Information in the Business-to-Business Context

If you engage with us in a business-to-business context, we may collect business contact data about you. This information is not subject to this privacy policy except as required by applicable law.

Information From Other Sources

We also collect information from other sources. The categories of other sources from which we collect information include:

Third party fitness trackers, wearables, and devices if you link the device with our Apps and/or your EGYM Account.
Social Networks with which you interact. For example, when you "like," "follow", or otherwise engage with our content on social media (such as through our brand page or direct message), we may collect information such as your contact identifiers and any comments you provide. If you publicly reference our Service on social media (such as by using a hashtag associated with us in a tweet or post), we may use your reference on or in connection with our Service.
Third party vendors and related parties we work with in connection with receiving analytics, advertising, security, and fraud prevention services.
Partners that offer co-branded services, sell or distribute our products, or engage in joint marketing activities.
Publicly-available sources , including data in the public domain.

Information We Infer

We infer new information from other information we collect to generate information about your likely preferences or other characteristics.

Sensitive Information

To the extent any of the categories of information we collect are sensitive categories of information under applicable law, we process such information only for the limited purposes permitted by applicable law.

3. How We Use Information

We collect and use information in accordance with the practices described in this Privacy Policy. Our purposes for collecting and using information include:

Providing services. We use information to provide services to you, including to operate the Service, establish and maintain your account, and provide support.
Personalizing your experience. We use information to personalize your experience and show you content we believe you will find interesting. For example, we analyze your training activity to give you feedback on your progress.
Communications. We use information to communicate with you about updates, security alerts, changes to policies, and other transactional messages. We also use information to personalize and deliver marketing communications to you. Communications may be by email, and, where you opt-in, push notification.
Analytics. We use information to understand trends, usage, and activities, for example through surveys you respond to and tracking technologies that we incorporate into the Sites and Apps (such as Google Analytics). We also use information for research and development purposes, including to improve our services and make business and marketing decisions.
Advertising. We work with agencies, ad networks, technology providers, and other third parties to place ads about our products and services on other websites and services. For example, we place ads through Google and Facebook that you may view on their platforms as well as on other websites and services. As part of this process, we incorporate tracking technologies into our own Sites and Apps as well as into our ads displayed on other websites and services. Some of these tracking technologies may track your activities over time and across non-affiliated services and obtain or infer information about you for purposes of showing you relevant advertising based on your preferences and interests ("targeted advertising").
Security and enforcement. We use information to prevent, detect, investigate, and address fraud, breach of policies or terms, or threats or harm.
Recruitment. We use information to make decisions about recruiting and in anticipation of a contract of employment.
At your direction or with your consent. We use information for additional purposes where you direct us to use it in a certain way or with notice and your consent, such as when you link third party fitness trackers, wearables, and devices with our Apps and/or your EGYM Account.

Notwithstanding the above, we may use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law. For details on your choices regarding how we use information about you, please see the "Your Privacy Choices" section below.

4. How We Disclose Information

We disclose information about you in accordance with the practices described in this Privacy Policy. The categories of persons to whom we disclose information include:

Service Providers. We disclose information to our agents, contractors, and other service providers that process the information on our behalf for business purposes. Service providers assist us with services such as processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analyzing data, advertising, website hosting, and providing support services. To the extent required by law, our service providers are contractually prohibited from using your information for any purpose other than performing the services for us, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.
Third Party Vendors and Related Parties. Some of the third parties we work with to perform services act as our service providers in some contexts, but in other contexts independently control the purposes and means of processing your information. For example, we disclose information to ad networks, technology providers, and other third parties that help provide targeted advertising, but may also use information for their own purposes. For these third parties, we encourage you to familiarize yourself with and consult their policies and terms of use.
Affiliates. We disclose information to our affiliates and related entities, including where they act as our service providers subject to this Privacy Policy or use the information in accordance with their own privacy policies.
Fitness Facility Customers. We disclose information to fitness facilities customers in connection with the services we provide to them. For example, trainers employed by fitness facilities where you are registered as a member may have access to training data in order to analyze the training and make recommendations in light of their observations and, where required, to make personal recommendations allowing for the further optimization of personal fitness goals. We also disclose information to fitness facility customers in order to maintain services, respond to your questions and comments, comply with your requests, market and advertise to you, and otherwise comply with applicable law.
Partners. We disclose information to our partners in connection with offering co-branded services, selling or distributing our products, or engaging in joint marketing activities
Promotions. When you voluntarily enter a sweepstakes, contest, or other promotion, we disclose information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law (e.g., on a winners list). By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.
Merger or Acquisition. We disclose information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.
To Other Users and the Public. If you have an EGYM Account, you may be able to share certain information about your account activity with other Service users. For example, you may be able to share your name, photo, activity points, gym ranking, ranking and progress in challenges, when and what workout you completed, and overview of workouts, such as calories burned and miles ran. You may also be able to comment on other user workouts. You may change your settings at any time through your EGYM Account as further set out in the "Your Privacy Choices" section below. Please think carefully before making information public as you are solely responsible for any information you make public. Once you have posted information, you may not be able to edit or delete such information, subject to any rights you have under applicable law.
To Protect Rights and Safety. We disclose information to comply with the law or if we believe that such action is necessary to prevent fraud or cybercrime, enforce our Terms, or protect the Service or the rights, property or personal safety of any person. We must disclose information about you in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Facilitating Requests. We disclose information at your request or direction, such as to link third party fitness trackers, wearables, and devices with our Apps and/or your EGYM Account.
With your Consent. We disclose information with notice to you and your consent.

Notwithstanding the above, we may disclose information that does not identify you (including information that has been aggregated or de-identified) except as prohibited by applicable law. For details on your choices regarding how we disclose information about you, please see the "Your Privacy Choices" section below.

5. Third Parties

We may link to or offer parts of our Service through websites and services controlled by third parties. In addition, we may integrate technologies, including those disclosed in the "How We Collect Information" section above, controlled by third parties. Except where third parties act as our service providers, they, and not us, control the purposes and means of processing any information they collect from you, and you should contact them directly to address any concerns you have about their processing. Third party data practices are subject to their own policies and disclosures, including what information they collect, your choices, and whether they store information in the U.S. or elsewhere. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.

6. Your Privacy Choices

Region-Specific Rights

Some regions provide additional rights by law, as described in our region-specific terms. This subsection details how you may exercise some of those rights to the extent they apply to you.

Data Subject Requests. To access, correct, delete, or exercise similar rights available to you in your region with respect to your information, please submit a request through our form here or call our toll free number at 720 900 2526.
Opt-out of sales, shares, and targeted advertising. To opt-out of sales or shares (as those terms are defined by applicable law), or the processing of information for targeted advertising purposes, click on "Cookie Settings" below or turn on a recognized opt-out preference signal, such as Global Privacy Control , in your browser or extension. Please note that when you submit an opt-out through either method we do not know who you are within our systems, and your opt-out will apply only to information collected from tracking technologies on the specific browser from which you opt-out. If you delete or reset your cookies, or use a different browser or device, you will need to reconfigure your settings. If you want the opt-out to apply to information we have about you in our systems, such as your email address, please also submit a request through our "Do Not Sell or Share My Personal information" form here.

EGYM Account

If you hold an EGYM account with us, you may access, update, and remove certain information that you have voluntarily submitted to us through your account settings. We will address your request in accordance with our data retention practices.

If you have linked our Apps and/or your EGYM Account with any Equipment or third party fitness trackers, wearables, or devices, you can unlink such Equipment or devices through your device and/or account settings. Please note that unlinking your accounts will not affect any information previously disclosed through the linking. We are not responsible for the data practices of any third parties, and we recommend that you carefully review their privacy policies and terms of use.

Browser and Device Controls

Cookies and pixels. You may be able to manage cookies through your browser settings. When you manage cookies, pixels associated with such cookies may also be impacted. Please note that cookie management only applies to our website. If you use multiple browsers, you will need to instruct each browser separately. If you delete or reset your cookies, you will need to reconfigure your settings. Your ability to limit cookies is subject to your browser settings and limitations.
App technologies. For some platforms (like Apple iOS), we will only receive access to your device's Ad ID if you provide consent. You can reset your device's Ad ID through your device settings, which is designed to limit how the prior Ad ID can be used. You can also stop collection of information within an app by uninstalling the app.
Precise location technologies. You can stop collection of precise location data within an app through your device settings or by uninstalling the app.
Preference Signals. Your browser or extension may allow you to automatically transmit Do Not Track and other preference signals. Except as required by law, we do not respond to preference signals.
Third party opt-out tools. Some third parties we work with offer their own opt-out tools related to information collected through cookies and pixels. To opt out of your information being used by Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.We are not responsible for the effectiveness of any third party opt-out tools.

Industry opt-out tools for targeted advertising

Some of the third parties we work with participate in programs that allow you to opt-out of receiving targeted advertising from participants. To opt-out of receiving targeted advertising from participants of the Digital Advertising Alliance ("DAA") on your browser, visit https://www.aboutads.info/choices. To opt-out of receiving targeted advertising from participants of the Network Advertising Initiative ("NAI") on your browser, visit https://www.networkadvertising.org/choices/. To opt-out of receiving targeted advertising from participants of the DAA on our apps, visit https://www.aboutads.info/appchoices. If you choose to opt-out of targeted advertising through these links, you should no longer see targeted advertising from the selected participants on the browser or device from which you opted-out, but the opt-out does not mean that the participants will not process your information for targeted advertising purposes or that you will not receive any advertising. We are not responsible for the effectiveness of any third party opt-out tools.

Communications

If you request information material offered free-of-charge (e.g. white paper, guidelines) from us, participate in a free webinar or request similar free services, we process the e-mail address you provide in the relevant form also for the purpose of informing you about our range of products and services, updates/news and offerings. Apart from that and where required by law in the applicable jurisdiction, we will obtain opt-in consent prior to sending you promotional emails.

For all jurisdictions, you can unsubscribe from our promotional emails, including our newsletters, at any time by following the instructions as provided in our emails to click on the unsubscribe link or emailing us at privacy@egym.com. Please note that your opt-out is limited to the email address used, will only affect the subscription you indicate, and will not affect non-promotional communications, such as those about your account, transactions, servicing, or EGYM's ongoing business relations.

You can also opt-out of receiving push notifications from us by adjusting your device settings or uninstalling the app.

Sharing Activity

If you have an EGYM Account, you may change at any time how you share certain information about your account activity with other Service users through your account settings. Please note EGYM is not responsible for any public information shared by you prior to limiting your settings.

7. Children

Our Service is not designed for children under 16 and we do not knowingly collect personal information (as defined by the U.S. Children's Privacy Protection Act or "COPPA") from children. If you are a parent or guardian and believe we have collected personal information from your child, please contact us as set out in the "Contact Us" section below. We will delete the personal information in accordance with COPPA.

8. Security

We have security measures in place designed to safeguard information about you against loss, destruction, misuse, or unauthorized access or disclosure. For example, we periodically review our internal security measures and policies, and implement measures designed to restrict unauthorized personnel from accessing information about you. Nevertheless, you should bear in mind that transmission of information over the internet is never entirely secure, and we cannot guarantee the security of information about you.

9. Retention

We retain information for the length of time that is reasonably necessary for the purpose for which it was collected, and as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.

10. International Transfer and Data Privacy Framework

The information we collect pursuant to this Privacy Policy is governed by U.S. law. Information collected about you may be transferred to and processed in the U.S. and other jurisdictions, including the EEA. These jurisdictions may have data protection laws different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of information about you in the U.S. and other jurisdictions as set out in this Privacy Policy. If your information is collected in the EEA, the United Kingdom, or Switzerland, we will transfer your information subject to appropriate safeguards, such as Standard Contractual Clauses or the Data Privacy Framework.

EGYM complies with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. EGYM has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. EGYM has certified to the U.S. Department of Commerce that it adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles will govern. The Federal Trade Commission has jurisdiction over EGYM's compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.

EGYM's responsibility for personal data it receives in reliance on the DPF and subsequent transfers of that personal data to third parties is detailed in the DPF Principles. Where EGYM relies on the DPF Principles for onward transfers from the EU and Switzerland, including the onward transfer liability provisions, EGYM remains responsible under the Principles for third-party agents processing personal data on its behalf.

You have the right to ask us not to disclose your personal data to a third party (except where the third party is acting as an agent to perform tasks on our behalf and under our instruction) or purposes materially different than for which the personal data was originally collected or subsequently authorized by you. We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please email us as set out in the Contact Us section below.

For inquiries or complaints regarding our compliance with the DPF, or to exercise your rights, please contact us as set out in the "Contact Us" section below. If we are unable to resolve your complaint directly, you may submit your complaint at no cost to you to JAMS, an alternative dispute resolution provider based in the United States, at https://www.jamsadr.com/eu-us-data-privacy-framework. In the event there are residual complaints that have not been resolved by JAMS, or any other means, you may seek a non-monetary remedy through binding arbitration to be provided to you in accordance with the Privacy Shield Principles.

To learn more about the DPF and to view our certification, please visit https://www.dataprivacyframework.gov/.

11. Changes to this Privacy Policy

We reserve the right to change this Privacy Policy from time to time. Any changes will be effective immediately upon posting of the revised Privacy Policy on the Service. Your continued use of our Service indicates your consent to the Privacy Policy then posted. If the changes are material, we may provide you additional notice, such as to your email address or a prominent notice on the Service.

12. Contact Us

If you have any questions about this Privacy Policy, please contact us:

By email: privacy@egym.com

By mail:
EGYM, Inc.
Attention: Privacy Compliance
2530 Frontier Avenue
Boulder, CO 80301
United States

This Privacy Policy has been designed to be accessible to people with disabilities. If you experience any difficulties accessing the information here, please contact us privacy@egym.com.

13. California

These additional rights and disclosures apply only to California residents. Terms have the meaning ascribed to them in the California Consumer Privacy Act of 2018 as replaced by the California Privacy Rights Act ("CPRA"), unless otherwise stated.

If personal information about you has been processed by us as a service provider on behalf of a fitness facility customer and you wish to exercise any rights you have with such personal information, please inquire with our customer directly. If you wish to make your request directly to us, please provide the name of our fitness facility customer on whose behalf we processed your personal information. We will refer your request to that customer, and will support them to the extent required by applicable law in responding to your request.

Notice of Collection

At or before the time of collection of your personal information, you have a right to receive notice of our data practices. Our data practices are as follows:

For the categories of personal information we have collected in the past 12 months, see the How We Collect Information section above.
For the categories of sources from which personal information is collected, see the How We Collect Information section above.
For the specific business and commercial purposes for collecting and using personal information, see the How We Use Information section above.
For the categories of third parties to whom information is disclosed, see the How We Disclose Information section above.
For the criteria used to determine the period of time information will be retained, see the Retention section above.

Some of our disclosures of personal information may be considered a "sale" or "share" as those terms are defined under the CPRA. A "sale" is broadly defined under the CPRA to include a disclosure for something of value, and a "share" is broadly defined under the CPRA to include a disclosure for cross-context behavioral advertising. We collect, sell, or share the following categories of personal information for commercial purposes: contact identifiers, characteristics or demographics, commercial or transactions information, user-generated content, device identifiers, device information, internet activity, non-precise geolocation data, and inferences drawn from any of the above. The categories of third parties to whom we sell or share your personal information include, where applicable, vendors and other parties involved in cross-context behavioral advertising. We do not knowingly sell or share the personal information of minors under 16 years old who are California residents. For details on your rights regarding sales and shares, please see the Right to Opt-Out of Sales and Shares section below.

Some of the personal information we collect may be considered sensitive personal information under the CPRA. We collect, use, and disclose such sensitive personal information only for the permissible business purposes for sensitive personal information under the CPRA or without the purpose of inferring characteristics about consumers. We do not sell or share sensitive personal information.

Right to Know, Correct, and Delete

You have the following rights under the CPRA:

The right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which personal information is collected, the business or commercial purposes for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you.
The right to correct inaccurate personal information that we maintain about you.
The right to delete personal information we have collected from you.

To exercise any of these rights, please follow the instructions for data subject requests in the Your Privacy Choices section above. Please note these rights are subject to exceptions. If you have an account with us, we may require you to use the account to submit the request. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days and respond to your request within 45 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your request.

Right to Opt-Out of Sales and Shares

To the extent we sell or share your personal information as those terms are defined under the CPRA, you have the right to opt-out of the sale or sharing of your personal information. To exercise this right, please follow the instructions for opting out of sales, shares, and targeted advertising in the Your Privacy Choices section above.

Authorized Agent

You can designate an authorized agent to submit requests on your behalf. Requests must be submitted through the designated methods listed above. Except for opt-out requests, we will require written proof of the agent's permission to do so and may verify your identity directly.

Right to Non-Discrimination

You have the right not to receive discriminatory treatment by us for the exercise of any your rights.

Shine the Light

California's "Shine the Light" law permits customers who are California residents to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties' and affiliates' own direct marketing purposes. To exercise a request, please write us at the email or postal address set out in "Contact Us" above and specify that you are making a "California Shine the Light Request." We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

Minors

If you are a California resident under 18 years old and registered to use the Service, you can ask us to remove any content or information you have posted on the Service. To make a request, email us at privacy@egym.com with "California Under 18 Content Removal Request" in the subject line, and tell us what you want removed. We will make reasonable good faith efforts to remove the post from prospective public view, although we cannot ensure the complete or comprehensive removal of the content and may retain the content as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

15. Colorado, Connecticut, Utah, and Virginia Residents

These additional rights and disclosures apply only to residents of Colorado, Connecticut, Utah, and Virginia. Terms have the meaning ascribed to them in the Colorado Privacy Act ("CPA"), the Connecticut Data Privacy Act ("CTDPA"), the Utah Consumer Privacy Act ("UCPA"), and the Virginia Consumer Data Protection Act ("VCDPA"), as applicable.

If personal data about you has been processed by us as a processor on behalf of a fitness facility customer and you wish to exercise any rights you have with such personal data, please inquire with our customer directly. If you wish to make your request directly to us, please provide the name of our fitness facility customer on whose behalf we processed your personal information. We will refer your request to that customer, and will support them to the extent required by applicable law in responding to your request.

Data Subject Requests

You may have the following rights under applicable law:

To confirm whether or not we are processing your personal data
To access your personal data
To correct inaccuracies in your personal data
To delete your personal data
To obtain a copy of your personal data that you previously provided to us in a portable and readily usable format

To exercise any of these rights, please follow the instructions for data subject requests in the Your Privacy Choices section above. Please note these rights are subject to exceptions. We will respond to your request within 45 days. If you have an account with us, we may require you to use the account to submit the request. We may require specific information from you to help us confirm your identity and process your request. If we are unable to verify your identity, we may deny your request. We do not process personal data for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects concerning consumers.

Right to Opt-Out of Sales and Targeted Advertising

You also may have the right to opt-out of the processing of personal data for purposes of targeted advertising or the sale of personal data. To exercise this right, please follow the instructions for opting out of sales, shares, and targeted advertising in the Your Privacy Choices section above.

Authorized Agent

Appeals

If we refuse to take action on a request, you may appeal our decision within a reasonable period time by contacting us at privacy@egym.comand specifying your wish to appeal. Within 60 days of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you may submit a complaint as follows:

For Colorado residents, to the Colorado AG at https://coag.gov/file-complaint/
For Connecticut residents, to the Connecticut AG at https://www.dir.ct.gov/ag/complaint/
For Virginia residents, to the AG at https://www.oag.state.va.us/consumercomplaintform

16. Nevada

Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please follow the instructions for opting out of sales, shares, and targeted advertising in the Your Privacy Choices section above.

Last Updated: October 2023

EGYM Privacy Policy