Last Updated and Effective: January 1, 2022
Welcome to Betterusports’ privacy notice.
Betterusports (“Company” or “We“) respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes:
-The types of information we may collect or that you may provide when you access and use the betterusports.com Website (the “Site“).
-Our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies only to information we collect in the Site and in email, text, and other electronic communications sent in connection with the use of the Site.
This policy DOES NOT apply to information that:
-We collect offline or on any other Company apps or websites, including websites you may access through this Site.
-You provide to or is collected by any third party, including third parties you may access through this Site.
Our other websites and apps, and these other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.
- - INFORMATION WE COLLECT AND HOW WE COLLECT IT
- - INFORMATION YOU PROVIDE TO US
- - HOW WE USE YOUR INFORMATION
- - HOW WE SHARE YOUR INFORMATION
- - HOW WE PROTECT YOUR INFORMATION
- - DISCLOSURE OF YOUR INFORMATION
- - YOUR CHOICE ABOUT OUR COLLECTION AND USE
- - DATA SECURITY
- - THIRD-PARTY LINKS
- - COOKIES
- - CHILDREN’S PRIVCAY
- - PRIVACY RIGHTS FOR CALIFORNIA RESIDENTS
- CONTACT INFORMATION
SECTION 1 - INFORMATION WE COLLECT AND HOW WE COLLECT IT
1. Information you provide directly to us
1.1 Account and Profile Data
- We collect any information or content you provide to us when you sign up for an account, create a user profile, or participate in a studio class, which may include your name, date of birth, contact information (e.g., email and phone number), password, billing and shipping address, payment information (e.g., credit card), and in some cases emergency contact information and known medical conditions (such as when you sign up for a Betterusports Membership). You may choose to provide additional information about yourself to create a profile, which may include profile pictures, gender, relationship status, interests and hobbies, educational details and employment details.
- After you create your user profile, anytime you log in to participate in live or on-demand studio classes, we will collect additional information and add it to your profile, such as the total number of classes taken, the dates you took those classes, fitness performance history (including leaderboard rank, badges earned, distance and calories burned), and, to the extent you have worn a heart rate monitor that you have connected to your fitness equipment, information about your heart rate over the course of the class and any other information that may be available from time to time.
1.2 Communications Data
We collect information when you communicate with us (e.g., by email, text message, chat sessions, or phone calls) or others on our Services, such as when you request additional information about products or services, interact with our member support or inside sales teams, or sign up to receive our e-mail newsletters, notification, or marketing messages. We also collect information when you interact with us on social media, such as by tagging us and/or our products or permitting us to follow your social media profile. Examples of such information include your contact information (e.g., email address, phone number, or mailing address) , the date and time of your communications, online identifiers, social media profile, and the content of your communications.
1.3 Customer Relationship Data
We collect information relating to our customer relationships, which may include customer name, employer, job title or role, contact details (e.g., email and phone number), and information contained in communications between us and our customers or their employees.
1.4 Demographic Data
We may collect specific or general demographic data when you fill out forms or surveys on our Services or sign up for and participate in events, contests, sweepstakes, promotions, and special programs that we provide. Examples of such information include age, gender, zip code, state, and country.
1.5 Public Forums
- Transaction Data. We collect information relating to transactions, including purchases of products and services, that you enter into with us and/or through our Services. Examples of such information include the type of products or services requested or purchased, order details, delivery information, amount charged, payment method and payment information (e.g., debit or credit card number), billing or shipping information, and information about any products or services you returned or exchanged with us.
- Sensitive Data. Some of the information you provide or generate when using the Services relate to your physical health and wellbeing, such as your age, height, weight and biometric data, including your heartrate, and may fall under a special category for which certain data protection laws require enhanced protection (“Sensitive Data”). To the extent that information we collect is Sensitive Data, we ask for your explicit consent to process the data.
2. Information provided by third parties
2.1 Social Media Features And Widgets
Our Services may include social media features, such as links to Instagram, Facebook, YouTube, and Twitter, that allow you to share information (e.g., via widgets, plugins, or other tools), such as, the “Like” or “Share” button ("Features"). These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. They may also allow third-party social media services to provide us information about you, including your name, email address, and other contact information. The information we receive is dependent upon your privacy settings with the third-party social media service. Features are either hosted by a third party or hosted directly on our Services. Your interactions with these Features are governed by the privacy statements of the third-party companies providing them. You should always review and, if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our Services.
2.2 Third-party Sign In
3. Information collected through tracking technology
We collect certain information automatically when you access and use our Services or visit our studios and/or showrooms. The types of information we collect may include:
3.1 Audio and Visual Data
We may capture your visual image, likeness and voice recording (e.g., via photographs and/or video) if you visit our studios, participate in live or web-based studio classes, and/or call our member support or inside sales teams. For example, we record and store member support and sales calls to train support and sales agents to help resolve member questions, for quality purposes and as required by law. Additionally, Betterusports fitness equipment and Betterusports applications may contain a camera, microphone and voice control features. These features are in use only when activated by you, for example, to take a user profile photo or to initiate or accept a video chat from another user.
3.2 Device and Network Data
We collect certain information about the device you use to access our Services. Examples of such information include your device’s hardware model, browser type, Internet protocol (IP) address, operating system version, language settings, unique device identifiers, advertising identifiers, serial numbers, device motion data, and mobile network data.
3.3 Location Data
Based on your interaction with the Services, the type of device you use to access the Services, and your device’s connectivity, we may collect location-based information including your IP address, GPS location, longitude/latitude, city, county, zip code and region, and your location and your smart device’s proximity to “beacons,” Bluetooth networks and/or other proximity systems. We may use this type of information to enhance your user experience (such as using location information for the purposes of displaying the geographic distribution of Betterusports workouts on a heat map), to better understand your interaction with our products and services in our showrooms, or to enable you to track your outdoor fitness activities. Unless you provide us with your consent to do otherwise, this information will only be used by us and our third-party service providers to provide you with the Services you request or in an aggregated and anonymized format that does not identify you. If you no longer wish to have this location information collected and used by us, you may opt-out by disabling the location and Bluetooth features in the operating system of your device.
3.4 Usage Data
We collect information about your activity on our Services via log files, cookies, web beacons, and other similar tracking technologies. Examples of such information include your access times, pages viewed, the routes by which you access our Services, app crashes and other system activity, your use of any hyperlinks available within our Services, your Internet service provider (ISP), Mobile Advertising ID, media access control (MAC) address, and identifiers associated with browser cookies, web beacons, and similar technologies we deploy on our Services. We may use third-party service providers, such as Google Analytics, to collect this usage data. Learn more about how Google collects and uses data here.
4. Other types of information-Inferences and Derived Data
We may derive information or draw inferences about you based on the other types of personal information we collect. For example, we may infer your location based on your IP address, or your purchasing habits based on your browsing behavior on our Services.
SECTION 2 – INFORMATION YOU PROVIDE TO US
When you download, register with, or use this Site, we may ask you to provide information:
- By which you may be personally identified, such as name, postal address, email address, telephone number, ip address, payment information, account login information, and any other information the Site collects that is defined as personal or personally identifiable information under an applicable law (“personal information“).
- That is about you but individually does not identify you, such as age, personal preferences, and Site usage preferences
This information includes:
- Information that you provide by filling in forms in the Site. This includes information provided at the time of registering to use the Site, subscribing to our newsletter, and requesting further services.
- Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
- Details of transactions you carry out through the Site. You may be required to provide financial information before placing an order through the Site.
- Your browsing habits on the Site.
SECTION 3 – HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information, to:
Provide you with the Site and its contents, and any other information, products or services that you request from us.
- Fulfill any other purpose for which you provide it.
- Offer better services to you and other users of the Site.
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- Notify you when Site updates are available, and of changes to any products or services we offer or provide though it.
The usage information we collect helps us to improve our Site and to deliver a better and more personalized experience by enabling us to:
Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Site according to your individual interests.
- Speed up your searches.
- Recognize you when you use the Site.
We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please [check the relevant box located on the form on which we collect your data.
We may use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
SECTION 4 – HOW WE SHARE YOUR INFORMATION
- Business Transactions. We may share or transfer your information in connection with, or during negotiations of a business transaction, such as a merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- Professional Advisors. We share information with our legal, financial, insurance, and other professional advisers in connection with the management of all or part of our business or operations. Examples include obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
- Public Forums. Some of our Services or some of the features and functionality of our Services provide the opportunity to post content or share information such as messages, photos, and videos with others. If you decide to submit information to any public area of the Services, that information may be publicly available.
- Service Providers. We share information with third-party suppliers, vendors, service providers, contractors or agents who perform services for us or on our behalf, including order fulfillment and shipping, payment processing, customer support, administering our marketing and reviews platform, hosting, information technology and security, fraud prevention, mail and email distribution, events, contests, and promotion administration, marketing, advertising, and analytics services. This excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties. Since our service providers are located around the world, please note that these disclosures may involve cross-border transfers of your personal information.
- Where Required or Permitted by Law or Legal Process. We may disclose information where we believe disclosure is necessary or required (i) to comply with applicable law, regulation, or legal process, or in response to requests by law enforcement authorities, government or public agencies or officials, or regulators; (ii) to exercise, establish or defend our legal rights or to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies.
SECTION 5 – HOW WE PROTECT YOUR INFORMATION
We have implemented reasonable and appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that no method of transmission over the Internet, or method of electronic storage, is fully secure. Although we will do our best to protect your personal information, we cannot guarantee its absolute security. In the event we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by phone, if permitted to do so by law.
If you create an account as part of using our Services, you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, selecting a strong password and constructing a unique password. You are also responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. Please notify us of any unauthorized use of your password or account.
SECTION 6 – DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
In addition, we may disclose personal information that we collect or you provide:
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Site users is among the assets transferred.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce our rights arising from any contracts entered into between you and us, and for billing and collection.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers or others.
SECTION 7 –YOUR CHOICE ABOUT OUR COLLECTION AND USE
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.
- Promotion by the Company. If you do not want us to use your contact information to promote our own or third parties’ products or services, you can opt-out by not selecting the appropriate box when you provide the information. You can also always opt-out by contacting us directly at email@example.com.
- Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by contacting us directly at firstname.lastname@example.org.
We do not control third parties’ collection or use of your information to serve nterest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.
SECTION 8–DATA SECURITY
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
We protect your data using encryption using Secure Sockets Layer (SSL). SSL is a function that encrypts all information sent between buyer and seller, including card information, so that card details cannot be read by external parties.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure enviroent.
SECTION 9 - THIRD-PARTY LINKS
For your convenience and information, we may provide links to websites and other third-party content that is not owned or operated by us. The websites and third-party content to which we link may have separate privacy notices or policies. Please note, we have no control over the privacy practices of websites or services that we do not own. We encourage you to review the privacy policies of any third-party website or application for details about what information is collected and how it is used and/or shared.
SECTION 10 - COOKIES
Cookies enhance our ability to serve you. Basically, they're pieces of text that a website stores on your computer—an identification code of sorts. This cookie can be accessed by the website when you revisit it.
We use two types of cookies: session cookies and persistent cookies. Session cookies terminate shortly after you terminate your internet session. Persistent cookies are stored on your hard drive until they expire or are deleted. Both types of cookies help provide an enhanced user experience since they recall your use of the Internet and our services, shopping preferences, shopping cart information, and your password.
You may also review "HOW GOOGLE USES INFORMATION FROM SITES OR APPS THAT USE OUR SERVICES", (located at www.google.com/policies/privacy/partners/ ).
SECTION 11 - CHILDREN’S PRIVCAY
The Site is not intended for children under 18 years of age, and we do not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us immediately at email@example.com.
SECTION 12 - PRIVACY RIGHTS FOR CALIFORNIA RESIDENTS
The California Consumer Privacy Act of 2018 (CCPA) requires that business disclose certain additional information about how it collects, uses, discloses and sells the personal data of a California resident. This section only applies to California residents. The rights discussed in this section do not extend to individuals who are not California residents.
1.California Residents’ Rights Under the CCPA
1.1 Right to Know/Right to Access General Collection and Use of Personal Information. Under the CCPA, California residents have the right to request that we disclose what information we have collected, used, disclosed, or sold over the past 12 months. Once we receive and confirm your verifiable consumer request for such information, we will disclose to you, based on your specific request:
- The categories of personal information we collected about you over the past 12 months.
- The specific pieces of personal information we have collected about you over the past 12 months.
- The categories of sources from which the personal information is collected over the past 12 months.
- The business or commercial purpose for collecting or selling that personal information over the past 12 months.
- The categories of third parties with whom we shared your personal information over the past 12 months.
- If we disclosed your personal information for a business purpose, the personal information categories that each category of recipients obtained.
- If we sold your personal information for a business purpose, the personal information categories that each category of recipients purchased.
1.2 Right to Request Deletion. Under the CCPA, California residents have the right to request that we delete any of your personal information that we have collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete your personal information from our records, and direct our service providers to do the same, unless an exception applies.
1.3 Right to Opt-Out of Sale of Personal Information. Under the CCPA, California residents 16 years old or older have the right to direct businesses that sell personal information to not sell your personal information (the "right to opt-out").
1.4 Right to Opt-In to Sales of Personal Information for Minors Under 16. Pursuant to the CCPA, we do not sell the personal information of California residents we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is 13-15 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
1.5 Right to Non-Discrimination. Under the CCPA, California residents have the right not to be discriminated against for having exercised the rights established by the CCPA. We will not discriminate against you for exercising any of your CCPA rights.
We may offer you certain financial incentives permitted by the CCPA, or different prices, rates, levels, or quality of goods or services that are reasonably related to your personal information's value to the business. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
2.How California Residents Can Exercise Their Rights
2.1 Exercising Your Right to Know. For California residents to exercise the right to know/right to access information, you or your authorized agent may submit a verifiable consumer request using the contact information below.
You may only make a verifiable consumer request to know or request for access twice within a 12-month period. The verifiable consumer request must include information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative and describe your request in enough detail that we can properly understand, evaluate, and respond to it.
Upon receiving a request to know, we will confirm receipt within 10 days. If we are able to verify your request, we will make our best effort to respond within forty-five (45) days of our receipt of your request. If we require more time (up to 45 additional days), we will inform you of the reason and extension period in writing. We will not disclose information to you if we cannot verify your identity.
2.2 Exercising Your Right to Request Deletion. For California residents to exercise the right to request deletion, you or your authorized agent may submit a verifiable consumer request by using the contact information below.
Upon receiving a request to delete, we will confirm receipt within 10 days. If we are able to verify your request, we will make our best effort to respond within forty-five (45) days of our receipt of your request. If we require more time (up to 45 additional days), we will inform you of the reason and extension period in writing. In our response, we will specify the manner in which we have deleted your personal information, in accordance with the CCPA. We will not delete information if we cannot verify your identity.
3.How We Verify California Residents’ Requests to Know/Requests for Access and Requests for Deletion
We will not respond to requests to know/requests for access or requests for deletion unless we can verify your identity to a reasonable degree of certainty. To verify your identity, when feasible, we will use information about you that we already have; however, we may need to request additional information, which we will use only for the purposes of verification. We may also use a third-party identity verification service. The information we need to verify your request will depend on the nature and scope of your request. Upon receipt of your request, we will notify you if we need additional information from you to verify your request.
4.Sale of Personal Information
In some circumstances, we may sell your personal data. We may sell and during the last 12 months we may have sold the following categories of personal data:
4.1 Identity data. Includes first name, maiden name, last name, username, or similar identifier, marital status, title, date of birth, and gender.
4.2 Contact data. Includes billing address, mailing address, e-mail address, and telephone numbers.
4.3 Financial data. Includes bank account and payment card details.
4.4 Transaction data. Includes details about payments to and from you and other details of products and services you have purchased from us.
4.5 Technical data. Includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
4.6 Profile data. Includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
4.7 Product Profile. Includes your health and exercise data, including sleep and nutritional data or other physical patterns or rhythms from your workouts or fitness goals. It may also include information you share about your workouts or fitness goals, such as videos of a workout. We may use information that you share to create a profile of your aspirations, goals and accomplishments to provide you with suggestions to help you reach the next level in your fitness challenge.
4.8 Usage data. Includes information about how you use our website, products, and services.
4.9 Marketing and communications data. Includes your preferences in receiving marketing from us and our third parties and your communication preferences.
4.10 Social Media Application Data. Includes your public profile information, your social media connections, photos and “likes.”
4.11 Geolocation information. May be recorded when you use certain features of our apps, which may be uploaded to your profile when synced with your account.
5.How We Respond to Do Not Track Signals
We do not respond to Do Not Track signals.
6.Shine the Light
California Civil Code Section 1798.83 permits users of the ICON sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.
We may also provide additional “just-in-time” disclosures or additional information about the data collection, use and sharing practices of specific Services. Such notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your Personal Information.
SECTION 14 – CONTACT INFORMATION