The types of Personal Information we may collect (directly from you or from Third-Party sources) andour privacy practices depend on the nature of the relationship you have with FitStream and the requirements of applicable law. Some of the ways that FitStream may collect Personal Information include:
3.1 TYPES OF PERSONAL INFORMATION WE COLLECT
FitStream collects Personal Information from its current, prospective, and former clients, customers, users, visitors, guests and Employees (collectively "Individuals").
When you use the Services, contact us directly, or engage in certain activities, such as registering for an account with FitStream, purchasing FitStream products or Services from us, using our fitness equipment or participating in a studio class live, on demand or via our subscription services, we may ask you to provide some or all of the following types of information.
When you choose to purchase FitStream products or Services from us, live, on-demand classes or subscription services offered through any device, we may collect information from you including Personal Information, such as your name, email address, mailing address, phone number, payment information, such as a credit card number and/or other related information that may be required from you to complete your purchase ("Financial Information").
Unless we tell you otherwise at the time of your purchase or application for financing, we do not collect, store or maintain your Financial Information. For more information on how your information is shared in these instances, please see Section 3.5("Third-Party Payment Processing") below. We will also collect a username and password in connection with any account created via the Services.
When you use FitStream services you may be given the opportunity to create a "User Profile" and when you do so we may ask you to provide information about yourself such as your username, email address, weight, height, age, location, birthday, phone number and image or avatar. Information included in your User Profile, including any achievements, milestones, streaks or badges may be displayed on in-studio digital signage if you come to a live class at any of our studios. Only your email address and username are required to set up a User Profile; the rest of the information that you may provide is optional.
Once your User Profile is created, anytime you log in to participate in a studio class in person or via our subscription service, we will collect additional information and add it to your User Profile, such as the total number of classes taken, the dates you took those classes, fitness performance history (including leader board rank, achievements earned, total output, speed, distance and calories burned), your followers and who you are following, and, to the extent you have worn a heart rate monitor, information about your heart rate over the course of the class and any other information that may be available from time to time.
You acknowledge that your User Profile information may be personal to you, and by creating an account and providing such information through the use of our Services, you allow others, including FitStream, to identify you and therefore you may not be anonymous.
FitStream may also collect other information from you as a result of your use of the Services, such as online attendance history, purchase history, fitness and health related information.
We may collect Personal Information from you such as your email address, phone number or mailing address when you choose to request information about our Services, register to receive FitStream communications over email or text messaging, participate in promotions, or loyalty programs that we may offer from time to time, request to receive customer or technical support or otherwise communicate with us.
From time to time, we (or Third Parties on our behalf) may contact you to participate in surveys or beta testing or provide reviews and testimonials. If you decide to participate, you may be asked to provide certain information, which may include Personal Information.
FitStream may offer publicly accessible blogs, private messages, video chat or community forums. You should be aware that, when you disclose information about yourself on FitStream’s blogs, private messages, community forums, and within video chat sessions, FitStream will collect the information you provide in such submissions, including any Personal Information.
Based on your interaction with the Services, the type of device you use to access the Services, and your device’s connectivity, we may collect location-based information including your Internet protocol (IP) address, GPS location, longitude/latitude, city, county, post code and region, and your location and your smart device’s proximity to “beacons,” Bluetooth networks and/or other proximity systems.
We may use this type of information to enhance your user experience, including using location information for the purposes of displaying the geographic distribution of FitStream workouts on a heat map, to better understand your interaction with our products and services in our showrooms, or to enable you to track your outdoor run.
Unless you otherwise provide us with your consent to do otherwise, this information will only be used by us and our third party service providers to provide you with the Services you request or in an aggregated and anonymized format, which does not identify you. If you no longer wish to have this location information collected and used by us, you may opt-out by disabling the location and Bluetooth features in the operating system of your device.
We may collect certain information automatically through our Services or other methods of web analysis, such as your IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.
For more information on Automatic Data Collection, please see Section 3.3.
You agree that FitStream is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed as part of that content, for any purpose including developing, manufacturing and/or marketing goods or Services.
FitStream will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of the Services will be published or otherwise used with your name on it; or (c) we are required to do so by law.
We may receive information about you from other sources, including through ThirdParty services and organizations, to supplement information provided by you. For example, if you access our Services through a Third-Party application, such as the Apple App Store or Google Play App Store (together with any similar applications, "App Stores") or Social Networking Sites ("SNS") such as Facebook, we may collect information about you from that Third-Party application that you have made public via your privacy settings.
Information we collect through App Stores or SNS accounts may include your name, your SNS user identification number, your user name, location, sex, birth date, email, profile picture and your contacts on the SNS. This supplemental information allows us to verify information that you have provided to FitStream and to enhance our ability to provide you with information about our business, products and services.
3.2 HOW FITSTREAM USES YOUR INFORMATION
FitStream may use Personal Information to provide you with materials about offers, products and Services that may be of interest, including new content or Services. FitStream may provide you with these materials by phone, postal mail, facsimile or email, as permitted by applicable law.
Such uses include:
You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described in Section 6 below.
FitStream may use Personal Information to create non-identifiable information that we may use alone or in combination with information obtained from other sources, in order to help usbto optimally deliver our existing products and Services or develop new products and Services.
From time to time, FitStream may perform research (online and offline) via surveys. We may engage Third-Party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide.
The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.
Individuals who provide us with Personal Informaion, or whose Personal Information we obtain from Third Parties, may, as permitted by law, receive periodic emails, newsletters, mailings or phone calls from us with information on FitStream’s or our business partners’ products and services or upcoming special offers/events we believe may be of interest.
We offer the option to decline these communications at no cost to the Individual by following the instructions in Section 6 below.
From time to time, FitStream may provide Services that are specifically designed to be compatible and used on third party devices, such as mobile phones, smart TVs, and tablets.
FitStream will collect certain information that your device sends when you use such Services, like a device identifier, user settings, location information, carrier and the operating system of your device. These versions of FitStream’s Services may require that users log in with an account. In such cases, information about use of these versions of the Services may be associated with accounts.
In addition, FitStream may enable you to download an application, widget or other tool that can be used on mobile, tablet or other devices. Some of these tools may store information on your devices. These tools may transmit Personal Information to FitStream to enable you to access accounts and to enable FitStream to track use of these tools.
FitStream may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, deidentified location information, information about the computer or device from which you access FitStream’s Services or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services.
Anonymized or aggregated information is not Personal Information, and FitStream may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes. We may share this information within FitStream and with Third-Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
FitStream’s Services may offer various tools and functionalities. For example, FitStream may allow you to provide information about your friends through our referral services, such as "Refer a Friend." Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services.
Email addresses that you provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be used by FitStream for any other purpose.
FitStream may use Personal Information for which we have a legitimate interest, such as direct marketing, individual or market research, fraud protection, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.
3.3 COOKIES, PIXEL TAGS/WEB BEACONS, ANALYTICS INFORMATION, AND INTEREST-BASED ADVERTISING
We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone or other devices that allow us to record certain pieces of information whenever you visit or interact with our website, services, applications, messaging and tools, and to recognize you across devices.
Cookies are small text files placed in visitors’ computer browsers to store their preferences.
Most browsers allow you to block and delete cookies. However, if you do that, the site may notwork properly.
A pixel tag (also known as a web beacon) is a piece of code embedded on the site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
The site includes social media features such as links to Facebook, Instagram, Twitter, YouTube and LinkedIn (that might include widgets, such as, the share this button or other interactive mini-programs).
We may also use Google Analytics and Google Analytics Demographics and interest reporting to collect information regarding visitor behaviour and visitor demographics on some of our Services and to develop website content. This analytics data is not tied to any Personal Information.
For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/.
You can opt-out of Google’s collection and processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
Our uses of such Technologies fall into the following general categories:
We may use Technologies that are necessary to the operation of our site, services, applications, and tools. This includes technologies that allow you access to our site, Services, applications, and tools; that are required to identify irregular site behaviour, prevent fraudulent activity and improve security; or that allow you to make use of functions such as shopping carts, saved search or similar functions;
We may use Technologies to assess the performance of our site, applications, Services and tools, including as part of our analytic practices to help us understand how our visitors use our site, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services or tools;
We may use Technologies that allow us to offer you enhanced functionality when accessing or using our sites, Services, applications or tools. This may include identifying you when you sign into our Sites or keeping track of your specified preferences, interests or past items viewed so that we may enhance the presentation of content on our Sites;
We may use first-party or Third-Party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on Third-Party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as, whether you have clicked on an advertisement.
If you would like to opt-out of the Technologies we employ on our Sites, Services, applications or tools, you may do so by blocking, deleting or disabling them as your browser or device permits. See Section 6.6 for additional opt-out options.
Please note that blocking, deleting, or disabling these Technologies will affect the functionality of our Sites, Services, applications and tools, and may prevent you from being able to access certain features.
3.4 THIRD-PARTY WEBSITES, SOCIAL MEDIA PLATFORMS, AND SOFTWARE DEVELOPMENT KITS
The Site may contain links to other websites and other websites may reference or link to the FitStream site or other services. These other domains and websites are not controlled by us, and FitStream does not endorse or make any representations about Third-Party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact.
We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting other websites or applications is at your own risk.
FitStream’s services may include publicly accessible blogs, community forums, message boards, private messaging or video chat features. The site and our other services may also contain links and interactive features with various social media or music platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using the site or other services.
You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, video chat session, social media platform or otherwise online, or that you share in an open forum, may be viewed and used by others without any restrictions. We are unable to control such uses of your information when you interact with a Third-Party platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by Third-Parties for any number of purposes.
We may enable you to link your Individual FitStream account to certain health-related applications. If you choose to link your Individual FitStream account with such applications, you can decide to share the health information we collect about you while you use the Services, including but not limited to your heart rate, calories, cycling, walking and running distances, time spent meditating, and the list of your FitStream workouts taken with such applications.
If you elect, you may also be able to transfer other personal information, such as your sex, date of birth, heart rate, height, weight and walking and running distances, from the health related applications to FitStream.
If you make this election, this information may be used by FitStream to update your FitStream user profile and track your metrics in FitStream classes. You may opt-out of tracking at any time by configuring your privacy settings on such applications.
3.5 THIRD-PARTY PAYMENT PROCESSING
When you make purchases through the Services, we Process your payments through a Third-Party application, such as an App Store or, in the case of online or in-person purchases via a Third-Party payment processor.
In these instances, the Third-Party application may collect certain Financial Information from you to Process a payment on behalf of FitStream, including your name, email address, address and other billing information in which case the use and storage of your Financial Information is governed by the Third-Party app’s terms, conditions and privacy policies.
If you apply for or otherwise take part in a financing offer through one of our financing partners, you will be asked to provide information (which may include Financial Information) to that financing partner, either directly or through the Services.
FitStream collects Personal Information from current, prospective and former Employees, their contact points in case of a medical emergency and beneficiaries under any insurance policy ("Human Resources Data").
The Human Resources Data we collect may include your title, name, image, voice recording, address, phone number, email address, social media handle, FitStream leader board name, date of birth, passport number, driver’s license number, Social Security number or other government issued identification number, financial information related to credit checks, bank details for payroll, information that may be recorded on a CV or application form, language abilities, contact information of Third-Parties in case of an emergency, beneficiaries under any insurance policy and other personal and biographical information. We may also collect Sensitive Human Resources Data, such as, details of health and disability, including mental health, medical leave, and maternity leave; information about national origin or immigration status; and optional demographic information, such as, race which helps us achieve our diversity goals.
We acquire, hold, use and Process Human Resources Data for a variety of business purposes including:
5.1 INFORMATION WE SHARE
FitStream may share Personal Information with our business partners, and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested.
FitStream may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with FitStream.
The content you post to the Services may be displayed on the Services. Other users of the Site may be able to see some information about you, such as, your name if you submit a review or provide a testimonial. We are not responsible for privacy practices of the other users who view and use the posted information.
Through our Services, FitStream may allow Third-Party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day).
We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with Third-Party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-FitStream related websites within their networks.
This practice is commonly referred to as "interest-based advertising" or "online behavioural advertising". We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your Personal Information with Third-Party advertising partners, you may opt-out of such sharing at no cost by following the instructions in Section 6 below.
We may access, preserve and disclose your Personal Information, other account information and content if we believe doing so is required or appropriate: (i) to comply with law enforcement or national security requests and legal process, such as, a court order or subpoena; (ii) to respond to your requests; (iii) to protect yours’, ours’ or others’ rights, property or safety; (iv) to enforce FitStream policies or contracts; (v) to collect amounts owed to FitStream; (vi) to comply with records retention policies; (vii) when we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (viii) if we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable.
In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of the unauthorized activities.
5.2 INTERNATIONAL DATA TRANSFERS
You agree that all Personal Information collected via or by FitStream may be transferred, Processed and stored anywhere in the world, including but not limited to, the United Kingdom in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers.
Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to FitStream, you explicitly consent to the storage of your Personal Information in these locations.
You have the right to object to and opt-out of certain uses and disclosures of your Personal Information. Where you have consented to FitStream’s Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt-out to further Processing by contacting firstname.lastname@example.org.
Even if you opt-out, we may still collect and use non-Personal Information regarding your activities on our Site and/or information from the advertisements on Third-Party websites for non-interest based advertising purposes, such as, to determine the effectiveness of the advertisements.
6.2 EMAIL, TEXT AND TELEPHONE COMMUNICATIONS
You can unsubscribe from email, text and phone communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us or use the information in Section 12 to contact us.
To opt-out of receiving text messages, follow the opt out instructions in the text messages that you receive from us. We will process your request within a reasonable time after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested until you opt out of receiving such emails.
We maintain "do-not-call" and "do-not-mail" lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.
6.3 MOBILE DEVICES
FitStream may occasionally send you push notifications through an App with updates, achievements and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your device.
FitStream may also collect location-based information if you use an App. You may opt-out of this collection by changing the settings on your device.
6.4 HUMAN RESOURCES DATA
With regard to Personal Information that FitStream receives in connection with an employment relationship, FitStream will use such Personal Information only for employment-related purposes as more fully described above. If FitStream intends to use this Personal Information for any other purpose, FitStream will notify the Individual and provide an opportunity to opt-out of such uses.
6.5 "DO NOT TRACK"
Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honour DNT signals or similar mechanisms transmitted by web browsers.
6.6 COOKIES AND INTEREST-BASED ADVERTISING
As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based optouts are not effective on mobile applications. However, on many mobile devices, application users may opt-out of certain mobile advertisements via their device settings.
The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self regulatory programs. You can choose not to be included in Google Analytics here.
To be clear, whether you are using our opt-out or an online industry opt-out, these cookie-based optouts must be performed on each device and browser that you wish to have opted-out.
For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device.
Where permitted by applicable law, you may inquire as to whether FitStream is Processing Personal Information about you, request access to Personal Information, and ask that we correct, amend or delete your Personal Information where it is inaccurate or has been processed in violation of your rights under data privacy laws that apply in the country where you live.
Please include your full name, email address associated with your account and a detailed description of your data request. Such requests will be processed in accordance with local laws.
Although FitStream makes good faith efforts to provide individuals with access to their Personal Information, there may be circumstances in which FitStream is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary.
If FitStream determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries.
To protect your privacy, FitStream will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
When we are no longer required to retain the Personal Information as described above, we will destroy, erase, or de-identify it.
Legal requirements, however, may require us to retain some or all of the Personal Information we hold for a period of time that is longer than that for which we might otherwise hold it.
Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure.
By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services.
If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you. You may have a legal right to receive this notice in writing.
Our Services are not directed to children under the age of 16. In addition, you are not permitted to use our services if you do not meet the minimum age requirement applicable to our services in your jurisdiction. We do not knowingly collect Personal Information from children under the age of 16. I
f you learn that your child has provided us with Personal Information without your consent, you may alert us at email@example.com
If we learn that we have collected Personal Information of a child under the age of 16, we will take steps to delete such information from our files as soon as possible and terminate the child’s account unless we receive verifiable parental consent.
complaint with the appropriate authority, please contact FitStream by email at firstname.lastname@example.org.
We or our Data Protection Officer will address your concerns and attempt to resolve any privacy issues in a timely manner.
Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavour to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the processing of Personal Information is required by law or contract, FitStream will endeavour to comply with the law or contract.
The following capitalized terms have the meanings set forth below.
"Agent" means any Third-Party that Processes Personal Information pursuant to the instructions of, and solely for, FitStream or to which FitStream discloses Personal Information for use on its behalf.
"Employee" refers to any current, temporary, permanent, prospective or former employee, director, contractor, worker, or retiree of FitStream or its subsidiaries worldwide.
"Personal Information" is any information relating to an identified or identifiable natural person ("Individual").
"Process" or "Processing" means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
"Sensitive Data" or "Sensitive Personal Information" is a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections.
Sensitive Personal Information includes, certain Financial Information, and Personal Information regarding EU residents that is classified as a "Special Category of Personal Data" under EU law, which consists of the following data elements:
(1) race or ethnic origin;
(3) religious or philosophical beliefs;
(4) trade union membership;
(5) genetic data;
(6) biometric data where Processed to uniquely identify a person;
(7) health information;
8) sexual orientation or information about the Individual’s sex life; or
(9) information relating to the commission of a criminal offense.
"Third-Party" is any company, natural or legal person, public authority, agency, or body other than the Individual, FitStream or FitStream’s Agents.