ELIVATE Fitness Privacy and Security Policy
[California residents have additional rights explained here.]
Effective date: December 19, 2022
Thank you for visiting any web-based services (the “Services”) that posts a link to this Privacy and Security Policy (the “Policy”) owned or operated by Elivate Fitness or one of its family of companies (collectively, “Elivate Fitness” “we,” “our,” or “us”).
Your privacy is important to us. This Policy provides you with information as to how we collect, use, and share information about you, including the choices Elivate Fitness offers with respect to that information, and applies to your use of any Service, regardless of how you access or use it. It does not apply to Elivate Fitness’s data collection activities offline or otherwise outside of the Service (unless otherwise stated below or at the time of collection). For certain Services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.
Table of Contents
We have organized our Policy into the following sections for your ease of reference
- Personal Information We Collect
- Third Party Data Collection and Interest-Based Advertising
- How We Share Your Personal Information
- How We Store and Protect Your Personal Information
- Accessing and Changing Information
- Choices: Communications and Tracking Options
- Your California Privacy Rights
- Nevada Residents
- Children’s Privacy
- Links to Other Web Sites and Services
- How to Contact Us
1. Personal Information We Collect
We collect personal information about you when you voluntarily submit information to us when you use our Service. This can include information you provide to us when you register for an account, make a purchase, post a review, send us messages, subscribe to our mailing lists, newsletters or other forms of marketing communications, participate in a survey, click on an ad, redeem a promotion or use some other feature of our Service.
We collect certain information automatically when you use the Service, such as information about the pages you look at on our Service, the actions you take on our Service or the device you use to access our Service. We may also collect information about you from third parties.
Personal information we collect:
- Identifiers, such as IP address
- Personal records such as your first and last name, e-mail address, phone number, and address
- Demographic information such as your gender, age, zip code, interests, and recent and upcoming purchases
- Contact and profile information
- Comments, chat and opinions
- Account number and transaction information
- Location information
- User experience interaction based on your account activity
- Information provided by social networks
- Information provided by third parties
- Information about fraudulent or criminal activity related to your account
- Information automatically collected through cookies and other tracking technology.
Personal information does not include:
- De-identified or aggregated consumer information
When you use our Service, read our emails, or otherwise engage with us through a computer or mobile device, we and our third party partners, automatically collect information about how you access and use the Service and information about the device you use to access the Service.
We use this information to enhance and personalize your user experience, to monitor and improve our websites and services, and for other internal purposes.
We typically collect this information through a variety of tracking technologies, including cookies, Flash objects, web beacons, embedded scripts, location-identifying technologies, and similar technology (collectively, “tracking technologies”).
Information we collect automatically about you may be combined with other personal information we collect directly.
2. Third Party Data Collection and Interest-based Advertising.
Internet-based advertising: We participate in interest-based advertising and use third party advertising companies to serve you targeted advertisements based on your browsing history. We permit third party online advertising networks, social media companies and other third party services, to collect, information about your use of our websites and mobile apps over time and across services so that they may play or display ads on our Service, on other websites, apps or services you may use, and on other devices you may use. Typically, though not always, the information used for interest-based advertising is collected through cookies or similar tracking technologies, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the site and other information. We may share a common account identifier (such as an email address or user ID) with our third party advertising partners to help identify you across devices. We and our third party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.
We display targeted advertising to you through social media platforms, such as Facebook, Twitter, Google+ and others. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our Service while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics. These advertisements are governed by the privacy policies of those social media companies that provide them.
Cross-device linking: We, or our third party partners, may link your various devices so that content you see on one device can result in relevant advertising on another device. We do this by collecting information about each device you use when you are logged in to our Service. We may also work with third party partners who employ tracking technologies, or the application of statistical modeling tools, to determine if two or more devices are linked to a single user or household. We may share a common account identifier (such as an email address or user ID) with third party advertising partners to help recognize you across devices. We, and our partners, can use this cross-device linkage to serve interest-based advertising and other personalized content to you across your devices, to perform analytics and to measure the performance of our advertising campaigns.
Third-party partners: The following is a sample of the third party service partners we work with to provide cross-device linking and advertising services. We will strive to update this list if or when we work with new partners which offer you a choices about the collection of your information, but as partners change and new technologies become available, this list is likely to change over time and may not always reflect our current partners.
- Google Analytics and Advertising
We use Google Analytics and Google Universal Analytics to recognize you and link the devices you use when you visit our site or Service on your browser or mobile device, login to your account on our Service, or otherwise engage with us. We share a unique identifier, like a user ID or hashed email address, with Google Universal Analytics to facilitate the service. Google Analytics allows us to better understand how our users interact with our Service and to tailor our advertisements and content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google’s site “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here https://tools.google.com/dlpage/gaoptout/.
We may also utilize certain forms of display advertising and other advanced features through Google Universal Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the Doubleclick advertising cookie) or other third party cookies together to inform, optimize, and display ads based on your past visits to the Service. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences or by vising NAI’s online resources at http://www.networkadvertising.org/choices.
3. How We Share Your Personal Information
We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Control Over Your Information” section below.
We may share your personal information with the following parties:
- Third parties at your request: you may choose to share your activities on Elivate Fitness with your friends through email, text or on various social media networks.
- Promotional partners: third parties with whom we partner to provide contests and sweepstakes, or other promotional activities, which will usually be identified by name in the Official Rules of the contest or sweepstakes.
- Select third parties: third parties, so that they can provide you with information and marketing messages about products or services that may interest you. To opt-out of our sharing your personal information with such companies, see Your Choices and Control Over Your Information, below.
- Service providers and advisors: third party vendors and other service providers that perform services for us, on our behalf, which may include identifying and serving targeted advertisements, providing mailing or email services, tax and accounting services, product fulfilment, payments processing, data enhancement services, fraud prevention, web hosting, or providing analytic services.
- The public: when you provide feedback or post user content on our site. For example, if you post a product review on our website or a comment on our social media sites, your information, such as your first name, last initial, state of residence, and your comments, may be displayed on our website or on our social media pages.
- Purchasers and third parties in connection with a business transaction: personal information may be disclosed to third parties in connection with a Elivate Fitness-related transaction, such as a merger, sale of Elivate Fitness assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another Elivate Fitness or third party, or in the event of a bankruptcy or related or similar proceedings; and
We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.
4. How We Store and Protect Your Personal Information
Keeing Your Information Safe: Security of your information is very important to us, and we have put in place safeguards to preserve the integrity and security of information we collect and that we share with our service providers. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
5. Accessing and Changing Information
We may provide web pages or other mechanisms allowing you to access, delete, correct, or update some of the information we’ve collected from you, and potentially certain other information about you (e.g., profile and account information). We will make good faith efforts to make requested changes in our then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your information or public postings from our databases and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.
Profile and Data Sharing Settings: You may update your profile information, such as your user name, address, or billing information, and may change some of your data sharing preferences on your My Profile - Account Page. California residents have additional rights explained here.
6. Choices: Communications and Tracking Options
How to control your email preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).
“Do Not Track” Signal: Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but we are not responsible for the completeness or accuracy of this third party information.
How to control data sharing for marketing purposes: You may request that your personal information not be shared further with unaffiliated third parties for their own marketing purposes by sending your request to Data-Privacy@ElivateFitness.com with the subject line “do not share.” We make every effort to promptly address all opt-out requests.
Geolocation and in-branch location: You may control location tracking by adjusting your location services settings on your mobile device. We may continue to approximate your location based on your IP address when you access the Service through a computer or device.
- Cookies and Flash cookies. Most browsers allow you to adjust your browser settings to: (i) notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies.
Blocking or deleting cookies may negatively impact your experience using the Service, as some features and services on our Service may not work properly.
Deleting cookies does not delete Local Storage Objects (LSOs) such as Flash objects and HTML5. To manage Flash cookie settings and preferences, you must use the settings manager on Adobe’s website or by clicking here. If you choose to delete Flash objects from our Service, then you may not be able to access and use all or part of the Service or benefit from the information and services offered.
- Interest-based advertising. You may choose whether to receive some interest-based advertising by submitting opt-outs. Some of the advertisers and service providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at www.aboutads.info/choices. Please be aware that, even if you are able to opt out of certain kinds of interest-based advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain interest-based advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). We support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising and expect that ad networks we directly engage to serve you interest-based advertising will do so as well, though we cannot guarantee their compliance. We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
- Please note that opting-out of receiving interest-based advertising through the NAI’s and DAA’s online resources will only opt-out a user from receiving interest-based ads on that specific browser or device, but the user may still receive interest-based ads on his or her other devices. You must perform the opt-out on each browser or device you use.
- Mobile advertising. You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest based ads” (Android). You may also be able to opt-out of some—but not all—interest-based ads served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.
- Acceptance of Cookies. Some of these opt-outs may not be effective unless your browser is set to accept cookies. If you delete cookies, change your browser settings, switch browsers or computers, or use another operating system, you will need to opt-out again.
If you are a Elivate Fitness customer, we may be required by law to retain some of your personal information, or may need to retain your personal information in order to continue providing you Services. If you close your Elivate Fitness account, we will remove your personal information unless we reasonably believe that it may be necessary to prevent fraud or abuse; it is retained for legitimate business purposes; or, if it is required by law.
7. Your California Privacy Rights
We may from time to time elect to share certain “personal information” (as defined by California’s “Shine the Light” law) with unaffiliated third parties, for such third parties own direct marketing purposes. California residents may exercise that opt-out, and/or request information about our compliance with the Shine the Light law, and obtain disclosure of third parties we have shared information in accordance with the law for their direct marketing purposes absent your choice and the categories of information shared, by emailing us at Data-Privacy@ElivateFitness.com or by sending a letter to us at 6333 Hudson Crossing Parkway, Hudson, Ohio 44236, (Attention: Privacy Officer). California residents have additional rights explained here.
8. Nevada Residents
Although we do not “sell” “covered information” of Nevada “consumers” as those terms are defined by Chapter 603A of the Nevada Revised Statutes, you may contact us here and register an e-mail contact address for us to provide you notice in the event we should do so in the future, at which point you will have an opportunity to be verified and exercise your opt-out rights under that law. Contact us in the same manner to update your contact email for notices. Changing your email elsewhere (e.g., informational requests, account information, etc.) will not update your Nevada notice contact information. It is your responsibility to keep your notice contact information current.
9. Children's Privacy
Elivate Fitness does not knowingly collect or solicit any information from anyone under the age of 13 on the Service. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will remove such data to the extent required by the U.S. Children’s Online Privacy Protection Act (“COPPA”). If you believe that we might have any information from a child under 13, please contact us at Data-Privacy@ElivateFitness.com.
Any California residents under the age of eighteen (18) who have registered to use the Service, and who posted content or information on the Service, can request removal by emailing us at Data-Privacy@ElivateFitness.com or writing to us at ATTN: Privacy Officer | 6333 Hudson Crossing Parkway, Hudson, Ohio 44236., detailing where the content or information is posted and attesting that you posted it. We will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished or archived content by search engines and others that we do not control.
10. Links to Other Web Sites and Services
12. How to Contact Us
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Effective date: December 19, 2022