Effective Date: June 8th, 2018
“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”).
2. Information we may collect
Information You Provide
We may collect and process the following information about you:
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 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
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
3. Uses made of your information
We may use the information we collect about you to:
4. Our Information sharing
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.
7. 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.
8. Analytics and Advertising
For further information on tracking technologies and your choices regarding them, please see “Automatically Collected Information” and “Social Features” above and “Your Choices” below.
9. Your Choices
Accessing and Changing Your Information
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.”
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
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.
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.
10. Your European Privacy Rights
11. 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.
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.
14. Privacy Shield and International Transfer
As set forth in the Terms of Service, the Service is intended for use within the United States only, and any use of the Service outside of the United States by any user of the Service is strictly prohibited. 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.
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.
15. Contacting us
If you have any concerns about data protection at eGym, please contact us via postal address or e-mail as follows:
For U.S. users and Privacy Shield related concerns:
Address: eGym, Inc., 300 Park Avenue, New York, New York, United States 10022
For EU users:
Address: eGym GmbH, Prannerstrasse 2-4, 80333 Muenchen, Germany