eGym Privacy Policy

Effective Date: January 13, 2017

1. Introduction

This privacy policy applies to the following:

  • eGym website (accessible at www.egym.com) (“Site”)
  • eGym training devices and equipment (training devices and equipment sold by eGym to fitness facilities) (“Devices”)
  • eGym consumer-facing apps, including the eGym fitness app (consumer smartphone application available for iOS (Apple) or Android (Google)) and eGym gym finder (a platform listing suitable gyms in users' local areas) (“Consumer Applications”)
  • eGym business-facing apps, including the eGym trainer app (application providing support to fitness facilities and personal trainer on iPad) (“Business Applications”) (the Consumer Applications and the Business Applications are together the “Applications”)
  • eGym premium (subscription service for the use of additional training methods and the creation of personalized training plans on the eGym training devices) (“Subscription”)

The Site, Devices, Applications, and Subscription are together the “Service.” This privacy policy does not apply to our information collection activities outside of the Service (unless otherwise stated below or at the time of collection).

“Fitness facilities” includes gyms, health centers and physio practices that use the Service.

The Service is operated and provided by eGym GmbH and eGym, Inc. (referred to below as “eGym” or “we”, “us” or “our”).

This privacy policy explains how we collect information, what we do with it and what controls you have. It also explains our adherence to the Privacy Shield Principles with regard to data transfers from the European Union or European Economic Area (“EEA”) to the U.S. as further set forth in Section 14 below.

By using the Service, you consent to the collection and use of information in accordance with this privacy policy. Your use of our Service, and any dispute over privacy, is subject to this privacy policy and our Terms of Service, including its applicable limitations on damages and the resolution of disputes. The eGym Terms of Service are incorporated by reference into this privacy policy. If you do not consent, discontinue use of the Service.

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 Site or Applications. 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, to your e-mail address.

2. Information we may collect

Information You Provide

We may collect and process the following information about you:

  • information (such as your name, e-mail address, postal address and telephone number) that you provide by completing forms on the Service, including if you register as a user of the Site or Applications, enter into a Subscription, upload or submit any material via the Service, request any information, or enter into any competition or promotion we may sponsor;
  • details of your height, bodyweight, heart rate, age, gender, and training targets, training experience, preferred training days, frequency of training sessions, weights used, preferred equipment, and details of your sporting activities and work posture collected through a Device or otherwise input by you or on your behalf through the Service;
  • your log-in and password details;
  • information from any devices you connect to your account, such as a wearable fitness device;
  • details of any transactions you make through the Service, including payment information;
  • communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Service or its content;
  • information from surveys that we may, from time to time, run on the Service for research purposes, if you choose to respond to, or participate in, them; and
  • employment details if you send us a CV, resumé or other details of your employment history in connection with an advertised job vacancy or a general enquiry regarding employment opportunities with us.

Certain of this information may include personal information. “Personal information” is information that identifies you personally (whether alone or in combination). Please note that you are under no obligation to provide any of this information to us, including Personal Information, and you may decide whether, and to what extent, you do provide us with such information.

Automatically Collected Information

When you visit, access, or use the Service, we automatically collect additional information about you, and may store that information in logs. The information we automatically collect may include the type of internet browser or mobile device you use, the date and time, any website from which you have come to the Site or Applications, the URL of the referring website (the source URL from which you accessed the Site or Applications), your IP address (the unique address which identifies your computer or mobile device on the internet), your device model, your geographical information (only insofar as this is properly consented to and configured in the mobile device), and the operating system installed on the computer or mobile device as well as aggregated data on the usage of the Service.

We may combine this information with personal information we collect from you (and our third party service providers may do so on our behalf). To the extent that we combine such information with your Personal Information, we will treat the combined information as Personal Information under this privacy policy.

We and our service providers use cookies and other tracking mechanisms across time and services to track information about your use of our Service. Some of the tracking methods we use include:

Cookies. Cookies are alphanumeric identifiers transferred to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Applications, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Applications. There are two types of cookies: session and persistent cookies.

  • Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site or Applications. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site or Applications.
  • Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity, and to display advertising both on our Site and on third-party sites.

Web Beacons (“Tracking Pixels”). Web beacons are small graphic images, also known as “internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used to count the number of visitors to the Site or Applications, to monitor how users navigate the Site or Applications, and to count content views.

Embedded Scripts. An embedded script is programming code designed to collect information about your interactions with the Site or Applications. It is temporarily downloaded onto your device from our web server or a third party with whom we work, is active only while you are connected to the Site or Applications, and deleted or deactivated thereafter.

Location-identifying Technologies. GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and locating suitable gyms in your area. We collect this information with your permission.

Device Fingerprinting. Device fingerprinting is the process of analyzing and combining sets of information elements from your device’s browser, such as JavaScript objects and installed fonts, in order to create a “fingerprint” of your device and uniquely identify your device and applications.

In-App and Device Tracking Methods. There are a variety of tracking technologies that may be included in our Applications and Devices, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app or device and to track user activity across apps and devices.

We use this information to assist us in providing an effective service on the Service, collect broad demographic information for aggregate use, associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain third party services. For further information on tracking technologies and your choices regarding them, please see “Social Features” “Analytics and Advertising,” and “Your Choices” below.

Information from fitness facilities

We may obtain information about you from fitness facilities owned or operated by third parties, and not collected through a Device or otherwise input by you or on your behalf through the Service. For example, we may obtain information about the fitness facility that your account is linked to and associated data from that fitness facility including membership start/end date, radio identification chips (RFIDs), your photo, frequency of your visits, preferred equipment settings, training experiences, fitness and health checks and results. To the extent we combine such information with personal information we have collected about you on the Service, we will treat the combined information as Personal Information under this privacy policy.

If you have selected a type of training support to be provided by a fitness facility, this will affect how your information will be shared with us. If you no longer wish to have your fitness facility share your information with us, you should contact the fitness facility directly in order to do so. However, if you should choose to withhold requested information, we may not be able to provide you with certain services. If you do not wish for your fitness facility to share information it holds with eGym, you must inform the fitness facility. If you do not want trainers at your fitness facility to have access to your information you must inform the fitness facility. We are not responsible for the accuracy of any information provided by fitness facilities or fitness facility policies or practices.

Information from other sources

In addition to the fitness facilities, we may obtain information about you from other sources, including service providers and third party services, and combine such information with information we have collected about you. For example, we may obtain information from any third party devices that your account is linked to, such as wearable fitness devices, and associated data from those devices. To the extent we combine such third party sourced information with personal information we have collected about you on the Service, we will treat the combined information as Personal Information under this privacy policy. We are not responsible for the accuracy of any information provided by third parties or third party policies or practices.

3. Uses made of your information

We may use the information we collect about you to:

  • enable us to process your orders and to provide you with the services and information offered through the Service and which you request;
  • to save your training preferences (such as weights and repetitions) when using our Devices;
  • with your consent, to connect your wearable fitness device account to your eGym account;
  • analyze your training activity to give you feedback on your progress and to share that data with your fitness facility and trainers at your fitness facility so that they can recommend corrections in case of incorrect or harmful training behavior or target the training more effectively to your individual training targets;
  • administer your account with us and provide you customer service;
  • verify and carry out financial transactions in relation to payments you make online;
  • audit the downloading of data from the Service;
  • improve the layout and/or content, marketing efforts, and services of the Site or Applications and customize the Service for users;
  • identify visitors to the Site or users of the Service;
  • carry out research on our users' demographics and tracking of sales data;
  • send you technical notices, updates, security alerts, information regarding changes to our policies, and support and administrative messages;
  • send you information we think you may find useful or which you have requested from us, including information about our products and services or those of carefully selected third parties, provided you have indicated that you do not object to being contacted for these purposes (for information about how to manage these communications and marketing efforts, please see “Your Choices” and “Your European Privacy Rights” below); and
  • fulfill any other purpose disclosed at the time you provide Personal Information.

4. Our Information sharing

We must disclose information about you in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also share information about you with third parties for any purposes consistent with our statements under this privacy policy or as permitted by applicable law, including as follows:

With our Affiliates and Service Providers. We may disclose your information to any of our affiliates, or to our agents or contractors who assist us in providing the services we offer through the Service, processing transactions, fulfilling requests for information, receiving and sending communications, updating marketing lists, analyzing data, providing support services or in other tasks, from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions. We may also disclose your information to our affiliates for their own internal purposes.

With Fitness Facilities, Trainers, and Third Party Fitness Devices. We may disclose your information to any fitness facility with which you are registered and its trainers. For example, trainers employed by third party fitness facilities may have access to your exercise data on the Service in order to analyze the training and make recommendations in light of unhealthy or incorrect practices and, where required, to make personal recommendations allowing for the further optimization of personal fitness goals. We may also disclose your information to any third party devices that your account is linked to, such as wearable fitness devices.

For Third Party Business Purposes, Including Third Party Direct Marketing. We may disclose your personal information to our affiliates, business partners, and other third parties for their own business purposes, including direct marketing purposes (for further information regarding your rights, see “Your European Privacy Rights” and “Your California Privacy Rights” below).

In Connection with a Merger or Acquisition. In the event that we negotiate or undergo reorganization or we or any of our assets are sold to a third party, you agree that your information, including any Personal Information, we hold about you may be transferred to that reorganized entity or third party.

To Protect Rights and Safety. We may disclose your information to comply with the law or if we believe that such action is necessary to prevent fraud or cyber crime or to enforce our Terms of Service or to protect the Service or the rights, property or personal safety of any person.

With your Consent. We may disclose your information to third parties with your consent or at your direction.

Aggregate Information. We may disclose aggregate statistics about visitors to the Site, users of the Service, customers and sales in order to describe our services to prospective partners, advertisers, sponsors, service providers, and other reputable third parties and for other lawful purposes, so long as these statistics do not identify you or have been de-identified.

5. Your information sharing

Sharing through the Service

The Service is designed to allow you to share your training information with other eGym users (for example to receive comments on your training results) and your personal trainers. These social features of eGym allow users to compare their performance with friends and other users of their fitness facility in order to motivate each other. For this purpose, the following information is available in a user’s “ranking list” for other all users within one gym or fitness facility: user name, profile picture, eGym ranking score, completed workout sessions, and whether a user is an eGym Premium user or not. In addition to the fitness center’s ranking list, users may create their own “fitness team” by inviting other users or accepting other users’ friend requests. This allows sharing of additional data such as exercises completed or commenting on someone’s activities. You should think carefully about what information you choose to disclose – eGym is not responsible for the conduct of third party 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 as set forth in “Your Choices” below.

Further, the Site and Applications may, from time to time, make chat rooms, message boards, news groups and/or other public forums available to its users. Any information that is disclosed in these areas becomes public information and you should exercise caution when using these and never disclose your Personal Information.

Sharing through Third Party Services

Our Site and Applications use plug-ins (“plug-ins”) developed by third party services, such as social networks. For example, if you call up a web page on the Site or Applications which contains a plug-in for a third party service, your browser produces a direct connection with the third party service’s servers, which may be based in the United States or elsewhere outside Europe. The content of the plug-in is transmitted by the third party service directly to your browser and is integrated by this into the web page. With the integration of the plug-ins, both we and the third party service receive the information that you have called up the corresponding page of our Site or Applications If you interact with a plug-in, for example by clicking on the “Like” button or leaving a comment, the corresponding information will be transmitted by your browser directly to third party service and stored there. Information collected by third party services is in accordance with their own privacy policies, not this one.

If you post information through a third party plug-in, such as Facebook or Twitter, we will assume you intend to make that information public, and the information you post may be publicly displayed on our Site or Applications, or by the third party service that you use. Similarly, if you post information on a third party service that references our Service (e.g., by using a hashtag associated with eGym in a tweet or status update), your post may be used on or in connection with our Service.

We also offer you the possibility of logging in to eGym with your Facebook credentials. To log in with your Facebook credentials you must first link your Facebook account with your eGym account. This can be done by selecting the “Apps” tab within your eGym account settings and clicking on “connect/link” in the Facebook section. You will be transferred to Facebook, where you’ll be asked to log in to Facebook in case you’re not already logged in to Facebook at that time. If you are not a Facebook user, you’ll be asked to create an account on Facebook. Next you’ll be asked to permit eGym access to the following data: public profile (name, profile picture, gender, language, age range, country, public information), e-mail address, birthday, current place of residence. Provided that you allow access to this data, it will be added to your eGym account. You can delete the connection with your Facebook profile in your Facebook profile settings at any time. Alternatively/in addition, you can also delete the connection in your eGym account settings. Please note that in this case, data such as training progress will be deleted and that you’ll have to register for eGym again if you want to keep using our services. Your Facebook log-in credentials will not be stored by eGym.

6. Third Party Content and External links

The Service may, from time to time, contain content and links to external sites, locations, platforms, or services operated by third parties. We are not responsible for the privacy policies or the content of such third party services.

7. Analytics and Advertising

Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site and, to the extent permitted, our Applications. We also may use other analytic means to evaluate our Service. We use these tools to help us improve our services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services.

Third Party Ad Networks. We use third parties such as network advertisers to serve advertisements on third-party websites or other media (e.g., social networking platforms). This enables us and these third parties to target advertisements to you for pr.oducts and services in which you might be interested. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information, including Personal Information, about you.

For further information on tracking technologies and your choices regarding them, please see “Automatically Collected Information” and “Social Features” above and “Your Choices” below.

8. Your Choices

Accessing and Changing Your Information

You have the right to access the Personal Information that you have voluntarily submitted to us via the Site or Consumer Applications. You may correct, update, or remove this information through your account settings on the Site or by contacting us using the contacting us details at the end of this privacy policy. Any information you provide through the Business Applications must be corrected, updated, or removed by the applicable fitness facility, and we are not responsible for access to such information. 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.

Discoverability

Users may change their settings at any time or remain hidden from the “ranking list”. To change your settings, go to your Account Settings on the Site and check “Hide profile in searches and public lists.”

Tracking Technologies

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.

With respect to our Applications, you can stop all collection of information via the Applications by uninstalling the Applications. You may turn off location-based functions through the location settings on your mobile device.

Do-Not-Track. Currently, our systems do not recognize 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.

Analytics and Advertising Choices

You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.

In addition, users in the United States may opt-out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising on other websites. 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 browsers are configured to reject cookies when you opt-out on the DAA or NAI websites, your opt-out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

Communications

For sending out newsletters to our EU users, which is part of the eGym range of services, we use the so-called “double opt-in” process (i.e. we will only send you a newsletter by e-mail if you have first expressly confirmed that you have registered under the corresponding e-mail address). For this purpose we then send you a notification e-mail and ask you to confirm that you have registered under this e-mail address by clicking on a link contained in this e-mail.

If you are a U.S. user, we may send you newsletters without a specific opt-in.

Both EU and U.S. users can unsubscribe from our promotional e-mails, including our newsletters, at any time by following the instructions as provided in the e-mails to click on the unsubscribe link or by visiting their Account Settings on the Site and adjusting their email preferences. Please note that your opt-out is limited to the e-mail 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.

9. Your European Privacy Rights

If you are a resident of the EEA you can tell us not to contact you with information regarding our products and services or those of third parties or to share your details with third parties so that they can send you information regarding their products and services, either at the point such information is collected on the Service (by checking or un-checking (as applicable) the relevant box) or, if you do not wish us to continue to use your information in this way, by following the unsubscribe instructions on any communications sent to you. You can also exercise the right at any time by contacting us using the contacting us details at the end of this privacy policy.

10. Your California Privacy Rights

California’s “Shine the Light” law permits customers in California 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. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt in to, or opt-out of, this type of sharing.

eGym may share personal information as defined by California’s “Shine the Light” law with third parties and/or affiliates for such third parties’ and affiliates’ own direct marketing purposes. If you are a California resident and wish to obtain information about our compliance with this law, please contact us using the contacting us details at the end of this privacy policy. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that eGym is not required to respond to requests made by means other than through the provided e-mail address or mail address.

11. Children

Our Service is not designed for children under 13 and we do not intend to collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) in a manner that is not permitted by COPPA. If you are a parent or guardian and believe we have collected such information in a manner not permitted by COPPA, please contact us using the contacting us details at the end of this privacy policy. If we discover that a child under 13 has provided us with personal information as defined by COPPA, we will delete such information from our systems.

12. Security

We have security measures in place designed to safeguard our Service against the loss, destruction, access, misuse, alteration and distribution by unauthorized persons of Personal Information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized personnel have access to Personal Information. While we cannot ensure or guarantee that loss, destruction, access misuse, alteration or distribution of information by unauthorized persons will never occur, we use reasonable efforts designed to prevent it.

You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information you submit via the Service and any such submission is at your own risk.

It is advisable to close your browser when you have finished your user session to help prevent others from accessing your personal information if you use a shared computer or a computer in a public place.

13. Privacy Shield and International Transfer

Information collected via the Service is sent to and stored on secure servers located in the EEA. This is necessary in order to process the information. Information submitted by you may be transferred by us to our other offices and/or to the third parties mentioned in the circumstances described above (see information sharing), which may be situated in the United States or elsewhere outside the EEA and may be processed by staff operating outside the EEA. The countries concerned may not have similar data protection laws to the EEA. In particular, the law in the United States in respect of law enforcement authority access to data is significantly different from Europe.

eGym has applied to participate in the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from the EEA. 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 the 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 information transferred from the EEA 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 information and that processes such personal information in a manner that violates the Privacy Shield Principles, unless we can demonstrate that we are not responsible for the resulting damages.

For inquiries or complaints regarding our compliance with Privacy Shield, please contact us using the contacting us details at the end of this privacy policy. 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/file-an-eu-us-privacy-shield-or-safe-harbor-claim. 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. A list of companies certified under the Privacy Shield Framework is available at the following link: https://www.privacyshield.gov/list.

14. Contacting us

If you have any concerns about data protection at eGym, please contact us via postal address or e-mail as follows:

For EU users:
Address: eGym GmbH, Prannerstraße 2-4, 80333 Munich, Germany
E-mail: datenschutz@egym.de

For U.S. users and Privacy Shield related concerns:
Address: eGym, Inc., 175 Varick St., New York, New York, United States 10012
E-mail: privacy@egym.com



Privacy policy