3. TRANSPARENCY/NOTICE—TYPES OF PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT
The types of Personal Information we may collect (directly from you or from third party sources) and our privacy practices depend on the nature of the relationship you have with freebeat™ and the requirements of applicable law. Some of the ways that freebeat™ may collect Personal Information include:
You may provide Personal Information directly to freebeat™ through interacting with the Services (including when you use our fitness equipment during live via our subscription services), participating in surveys, during events such as Homecoming, or promotions or sweepstakes, and requesting services or information.
As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.
It is our goal to collect only that information which is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.
3.1 TYPES OF PERSONAL INFORMATION WE COLLECT
freebeat™ collects Personal Information from its current, prospective, and former customers, members, users, visitors, and guests (collectively “Individuals”).
Information You Provide Directly to Us. When you use the Services, contact us directly, or engage in certain activities, such as registering for an account with freebeat™, purchasing freebeat™ products or Services from us, using our fitness equipment or participating via our subscription services, we may ask you to provide some or all of the following types of information
Purchases. When you choose to purchase freebeat™ products or Services from us including fitness equipment and accessories, apparel, 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 (such payment information, “Financial Information”). Unless we tell you otherwise at the time of your purchase or application for financing, your Financial Information is processed by our third party processors and 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.
Public User Profiles. When you use freebeat™ fitness equipment (e.g., the Bike) or subscribe to freebeat™ Digital, you will 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 a username, email address, weight, height, age, location, birthday, phone number and image or avatar. 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 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 leaderboard 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 that you have connected to your fitness equipment, 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 freebeat™, to identify you and therefore you may not be anonymous. freebeat™ User Profiles are set to public by default, which means that other registered freebeat™ users will also be able to view your User Profile, including your fitness performance history (as described above), your freebeat™ leaderboard name, and your location and age (if you have provided it), and those users can contact or follow you through the Services. You have the option to set your profile to “Private,” which means that only members who you approve as followers can see your profile and fitness performance history, and you can remove other users from your followers.
Voice and Likeness. We record and store member support and sales calls to train support and sales agents to help resolve member questions, for quality purposes and as required by law. Additionally, freebeat™ fitness equipment and the freebeat™ App may contain a camera, microphone and voice control features. These features are in use only when activated by you, for example, to take a freebeat™ user profile photo or to initiate or accept a video chat from another user.
Communications with Us. 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 freebeat™ communications over email or text messaging, participate in promotions, or loyalty programs that we may offer from time to time, request to receive member or technical support or otherwise communicate with us.
Registration for Sweepstakes or Contests. Occasionally, freebeat™ may run sweepstakes and contests. We ask those who enter sweepstakes or contests to provide contact information (e.g., a phone number or an email address). If you participate in a sweepstakes or contest, your contact information may be used to reach you about the sweepstakes or contest, and, to the extent permitted by law, for other promotional, marketing and business purposes. In compliance with the laws of your jurisdiction, as a participant you may have the opportunity to opt-out of any communications that are not related to awarding prizes.
Location 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, zip 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 (such as using location information for the purposes of displaying the geographic distribution of freebeat™ workouts on a heat map), to better understand your interaction with our products or to enable you to track your outdoor fitness activities. Unless you 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 that 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.
Automatic Data Collection. 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.
Information Submitted Via Services. You agree that freebeat™ 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.
freebeat™ will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless:
freebeat™ will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless:
you grant us permission to do so;
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
we are required to do so by law.
Information from Other Sources. We may receive information about you from other sources, including through third party 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 media sites 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 social media accounts may include your name, your social media site user identification number, your user name, location, gender, birth date, email, profile picture and your social media contacts. This supplemental information allows us to verify information that you have provided to freebeat™ and to enhance our ability to provide you with information about our business, products and Services.
3.2 HOW freebeat™ USES YOUR INFORMATION
3.3 COOKIES, PIXEL TAGS/WEB BEACONS, ANALYTICS INFORMATION, AND INTEREST-BASED ADVERTISING
3.4 THIRD-PARTY WEBSITES, SOCIAL MEDIA PLATFORMS, AND SOFTWARE DEVELOPMENT KITS
3.5 THIRD-PARTY PAYMENT PROCESSING
4. ONWARD TRANSFER—freebeat™ MAY DISCLOSE YOUR INFORMATION
4.1 INFORMATION WE SHARE
4.2 INTERNATIONAL DATA TRANSFERS
You agree that all Personal Information collected via or by freebeat™ may be transferred, Processed and stored anywhere in the world, including but not limited to, the United States, Canada, the European Union, in the cloud, on our servers, on the servers of our affiliates or on the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities as described above. By providing information to freebeat™, you explicitly consent to the storage of your Personal Information in these locations.
5. OPT-OUT (RIGHT TO OBJECT TO PROCESSING)
You have the right to object to and opt-out of certain uses and disclosures of your Personal Information. Where you have consented to freebeat™’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 submitting the Opt Out Request Form. Please note, even if you opt-out, we may still collect and use non-Personal Information regarding your activities on our Service 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.
5.2 EMAIL, TEXT AND TELEPHONE COMMUNICATIONS
5.3 MOBILE DEVICES
freebeat™ may occasionally send you push notifications through our Apps 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. freebeat™ may also collect location-based information if you use our Apps. You may opt-out of this collection by changing the settings on your device.
5.4 “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 honor DNT signals or similar mechanisms transmitted by web browsers.
5.5 COOKIES AND INTEREST-BASED ADVERTISING
6. RIGHTS OF ACCESS, RECTIFICATION, ERASURE, AND RESTRICTION
Residents of the European Union or the UK may submit a request through the GDPR Request Form. Although freebeat™ makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which freebeat™ 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 freebeat™ 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, freebeat™ will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
7. DATA RETENTION
8. SECURITY OF YOUR INFORMATION
9. NON-U.S. USERS
10. CHILDREN’S PRIVACY
Our Services are not directed to children under the age of 13. 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 13. If 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 13 (or under the age of 16 in certain jurisdictions, such as EU member countries) 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.
11. REDRESS/COMPLIANCE AND ACCOUNTABILITY
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, freebeat™ or to which freebeat™ 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 freebeat™ 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, such as certain financial or medical information, and Personal Information regarding EU residents that is classified as a “Special Category of Personal Data” under EU law, such as: race or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; genetic data; biometric data where Processed to uniquely identify a person; health information; sexual orientation or information about the Individual’s sex life; or 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, freebeat™ or freebeat™’s Agents.
Please contact freebeat™ by email at firstname.lastname@example.org, If you have any questions.