EGYM user accounts created through the Sites, Apps, or Equipment ("EGYM Accounts"); and
2. How We Collect Information
Information Collected through the Sites, Apps, and Equipment
We collect information you provide to us when you use the Sites, Apps, and Equipment, such as when you register an EGYM Account, sign up for a subscription, subscribe to or read our emails, enter a promotion or competition we sponsor, apply for a job, or otherwise interact with us. Certain of this information may identify you personally (whether alone or in combination).
The categories of information we collect include:
In addition, we automatically collect information when you use the Sites, Apps, and Equipment. The categories of information we automatically collect include:
With your consent, we also automatically collect the following categories of information:
The tracking technologies we use to automatically collect information include:
For further information on tracking technologies and your rights and choices regarding them, please see the "Other Parties" "Analytics and Advertising," and "Your Rights and Choices" sections below.
Information Collected from Fitness Facility Customers and Trainers
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 data, gym membership ID and barcode, photo, training data, and physical characteristics with us 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.
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 from Other Sources
We also collect information from other sources. The categories of other sources from which we collect information include:
3. How We Use Information
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 information on your rights and choices regarding how we use information about you, please see the "Your Rights and Choices" section below.
4. How We Share Information
Notwithstanding the above, we may share information that does not identify you (including information that has been aggregated or de-identified) except as prohibited by applicable law. For information on your rights and choices regarding how we share information about you, please see the "Your Rights and Choices" section below.
5. Sharing Activity
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 should think carefully about what information you choose to disclose – EGYM is not responsible for the conduct of other users with whom you decide to share your information and those users may choose to make that information public. You may change your settings at any time through your EGYM Account settings as further set out in "Your Rights and Choices" below.
6 . Other Parties
7 . Analytics and Advertising
We use analytics services, such as Google Analytics, to help evaluate usage of our Sites and Apps, and improve our services, content, performance, advertising, and user experiences. In addition, we work with agencies, advertisers, ad networks, and other technology services, such as Facebook and Google, to place ads about our products and services on other websites and services.
As part of this process, we may incorporate tracking technologies from us and other parties into our own Sites and Apps (including our emails) as well as into our ads displayed on other websites and services. These tracking technologies may collect data across time and services for purposes of measuring conversions or actions you take, associating the various devices you use, and serving ads and/or other content targeted to your interests ("Interest-based Advertising"). For instance, we incorporate pixels and SDKs from Facebook and Google in the Sites and Apps, and may share information with them for these purposes as well as to provide you with other functionality.
We also use audience matching services (which is a type of Interest-Based Advertising) to reach people (or people similar to people) who have visited our Sites or Apps or are identified in one or more of our databases ("Matched Ads"). This is done by us sharing a list of hashed emails with an ad partner or incorporating a pixel or SDK from an ad partner into our own Service, and the ad partner matching common factors between our data and their data or other datasets. For instance, we use Facebook Custom Audiences to serve ads to our users and similar users on Facebook.
8. Your Rights and Choices
You may access, update, and remove certain information that you have voluntarily submitted to us through your EGYM Account through your account settings or by emailing us at email@example.com. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
If you link our Apps and/or your EGYM Account with third party fitness trackers, wearables, and devices with our Apps and/or your EGYM Account, you can unlink such devices through your device and/or account settings.
Most web browsers automatically accept cookies, but if you prefer, you may be able to edit your browser settings to block them in the future. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.
Currently, unless and until the law is interpreted to require us to do so, our systems do not monitor or take action with respect to browser "Do-Not-Track" requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the "Analytics and Advertising Choices" section below.
With respect to our Apps, you can stop all collection of information via an App by uninstalling the App. You may also turn off location-based functions through the location settings on your device.You can also reset your device Ad Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you.
Analytics and Advertising Choices
In addition, we work with companies that participate in the Digital Advertising Alliance ("DAA") and/or the Network Advertising Initiative ("NAI"). To learn more about the targeted ads provided by these companies, and how to opt out of receiving certain targeted ads from them, please visit: (i) for website targeted ads from DAA participants, https://www.aboutads.info/choices; (ii) for app targeted ads from DAA participants, https://www.aboutads.info/appchoices; and (iii) for targeted ads from NAI participants, https://www.networkadvertising.org/choices.
Opting out only means that the selected participants should no longer deliver certain targeted ads to you, but does not mean you will no longer receive any targeted advertising or content. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browser is configured to reject cookies when you opt-out on the DAA or NAI websites, your opt-out may not be effective. We are not responsible for the effectiveness of, or compliance with, any opt out options or programs, or the accuracy of any other parties' statements regarding their opt out options or programs.
To opt out of us sharing your hashed email address for Matched Ads, please contact us at firstname.lastname@example.org and specify that you wish to opt out of Matched Ads. We will remove your email address from any subsequent lists shared with other parties for purposes of Matched Ads.
Please note that if you opt out using any of these methods, the opt out will only apply to the specific browser or device from which you opt out. We are not responsible for the effectiveness of, or compliance with, any opt out options or programs, or the accuracy of any other entities' statements regarding their opt out options or programs.
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 email@example.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.
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. Visit your EGYM Account settings for more information. Please note EGYM is not responsible for any public information shared by you prior to limiting your settings.
Our Service is not designed for children under 13 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 you child in a manner not permitted by COPPA, please contact us as set out in the "Contact Us" section below. If we discover that we have collected personal information from a child, we will delete such information from our systems.We do not knowingly "sell" the personal information of minors under 16 years old who are California residents.
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.
11. International Transfer and Privacy Shield
EGYM has applied to participate in the EU-U.S. Privacy Shield Framework and Swiss U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from the EEA, the United Kingdom, and Switzerland. EGYM has certified or will certify to the Department of Commerce that it adheres to the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, and recourse, enforcement and liability. For purposes of this section, EGYM refers to the following U.S. legal entities: EGYM, Inc.
In accordance with our obligations under Privacy Shield, and subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission, we hereby affirm our commitment to subject to the Privacy Shield Principles all personal data transferred from the EEA, the United Kingdom, and Switzerland in reliance on the Privacy Shield. This means that, in addition to our other obligations under the Privacy Shield Principles, we shall be liable to you for any third party agent to which we transfer your personal data in reliance on Privacy Shield and that processes such personal data in a manner that violates the Privacy Shield Principles, unless we can demonstrate that we are not responsible for the resulting damages.
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.
For inquiries or complaints regarding our compliance with Privacy Shield, 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 at https://www.jamsadr.com/eu-us-privacy-shield. 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 Privacy Shield Framework, please visit http://www.privacyshield.gov.
13. Contact Us
By email: firstname.lastname@example.org
Attention: Privacy Compliance
2530 Frontier Avenue
Boulder, CO 80301
14. Additional Disclosures for Nevada Residents
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 contact us as at email@example.com.
15. Additional Disclosures for California Residents
The California Consumer Privacy Act of 2018 ("CCPA") provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise rights. These additional disclosures apply only to California residents and where EGYM processes your personal information as a business.
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.
In the past 12 months, we have collected the following categories of personal information enumerated in the CCPA:
For further details on information we collect, including the sources from which we may have collected personal information in the past 12 months, review the "How We Collect Information" section above. We collect and use these categories of personal information for the business purposes described in the "How We Use Information" section above.
Right to Know and Delete.
You have the right to know certain details about our data practices in the past 12 months. In particular, you may request the following from us:
In addition, you have the right to delete the personal information we have collected from you.
To exercise any of these rights, please submit a request through our Online Support Form or call our toll free number at 866-621-0307. 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. 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 requests to know or delete.
Right to Opt-Out.
To the extent EGYM sells your personal information as the term "sell" is defined under the CCPA, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by clicking Do Not Sell My Personal Information on www.egym.com.
You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent's permission to do so and 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.
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 firstname.lastname@example.org 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.
Last Updated: August 2020