Last Updated: 05/24/2018
If you have any questions about our privacy practices, please contact us as set forth in the section entitled “Contact Us” below.
You may choose to voluntarily submit other information to us through the Netpulse Services that we do not request, and, in such instances, you are solely responsible for such information.
We automatically collect information about your device and how your device interacts with the Netpulse Services. Some examples of information we collect include service use data (e.g., the features you use, the pages you visit, the emails and advertisements you view, the products you purchase, the time of day you browse, and your referring and exiting pages), device connectivity and configuration data (e.g., the type of device or browser you use, your device’s operating software, your Internet service provider, your device’s regional and language settings, and your device’s identifiers such as IP address, MAC address, and device advertising Id) and location data (e.g., latitude/longitude data or location derived from an IP address or data that indicates a city or postal code level).
We use various current – and later – developed technologies to collect this information, including the following:
Location-Identifying Technologies. GPS, WiFi, Bluetooth, and other location-aware technologies may be used to collect precise location data when you enable location-based services through your device. Location data may be used for purposes such as verifying your device’s location and delivering or restricting relevant content and advertising based on that location.
Some information about your use of the Netpulse Services and third party services may be collected using tracking technologies across time and services and used by us and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Netpulse Services and third party services.
For further information on tracking technologies and your rights and choices regarding them, see the sections entitled “Third Parties” and “Your Rights and Choices” below.
For further information on third party services, see the section entitled “Third Parties” below.
We also use information about you with your consent, including to:
We may use information that does not identify you (including information that has been de-identified) without obligation to you except as prohibited by applicable law. For information on your rights and choices regarding how we use your information, please see the section entitled “Your Rights and Choices” below.
Netpulse shares your information as follows:
Without limiting the foregoing, we may share with third parties certain pieces of aggregated information that does not identify you, such as the number of users who viewed particular content, or the duration and intensity of a workout, for example, for industry analysis, demographic profiling and other similar research and marketing purposes. Please contact us as provided in the section entitled “Contact Us” below for any additional questions about the management or use of your information.
The Netpulse Services contain tracking technologies owned and operated by third parties. For example, we use tracking technologies from third party data analytics providers, such as Google Analytics, to help us analyze your use of the Netpulse Services, compile statistic reports, and provide us with other services relating to Network Services activity and Internet usage. We also use numerous third parties to serve the advertisements on the Netpulse Services and/or on third party services. Some of these companies and advertisers may place and access their cookies and tracking technologies on your device in order to track your activities across time and services for purposes of associating different devices you use, and delivering relevant ads and/or other content to you on the Netpulse Services and third party services after you have left the Netpulse Service (“Interest-based Advertising”). Other companies’ use of their cookies and tracking technologies is subject to their own privacy policies, not ours. We do not share your personally identifiable information with any advertisers. However, we do use your information or allow advertisers or companies that serve advertisements access to your information so we and they can deliver promotional materials that are more relevant to you. This information includes your IP address, device information, demographic information, geographic location, what content you access on our site, how you rate various content, and language contained in your comments.
For further information on tracking technologies and your rights and choices regarding them, please see the sections entitled “Information Collected Automatically” above and “Your Rights and Choices” below. Also, to learn more about some of the specific tools we use, please visit our page on Tracking and Remarketing Tools.
When you use the Netpulse Services, we make good reasonable efforts to provide you with access to information you have submitted to us through your account and either to correct this information if it is inaccurate or to delete information at your request if it is not otherwise required to be retained by law or for legitimate business purposes. Please feel free to let us know if you would like your information corrected or removed by emailing us as set forth in the section entitled “Contact Us” below. 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. California residents and data subjects in Europe have additional rights as set forth in the sections entitled “Your California Privacy Rights” and “Your European Privacy Rights” below.
You may withdraw consent for certain types of data collection through your account’s privacy settings at any time. However, please note that sometimes withdrawing consent may prevent you from using the functions of the applications to their full extent.
You can permanently delete your account through your account settings or by sending us an email to us as set forth in the section entitled “Contact Us” below. We’ll take steps to delete your information as soon as is practicable, but some information may remain in archived/backup copies for our records or as otherwise required by law. Please note that we can only delete your information within the Netpulse Services. The information you have shared on 3rd party sites and services, such as your fitness progress shared on Facebook, is not stored in your account with us, even though you share it through Netpulse Services. Therefore this information will remain on those 3rd party sites and services even after you unsubscribe from us.
Please be aware that if you disable or remove tracking technologies some parts of the NetPulse Services may not function correctly.
You can opt-out of your data being used by Google Analytics through cookies by visiting https://tools.google.com/dlpage/gaoptout and downloading the Google Analytics Opt-out Browser Add-on.
Some of the third parties that collect information from or about you on the Netpulse Services in order to provide more relevant advertising to you participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized location where users can make choices about the use of their information for online behavioral advertising. To learn more about the DAA and your opt-out options for their members, please visit (i) for website opt-out, http://www.aboutads.info/choices; and (ii) for mobile app opt-out, http://www.aboutads.info/appchoices. In addition, some of these third parties may be members of the Network Advertising Initiative ("NAI"). To learn more about the NAI and your opt-out options for their members, please visit http://www.networkadvertising.org/choices/. You can also visit the EU online choices page at http://www.youronlinechoices.com/. Please note that if you opt-out of online behavioral advertising using any of these methods, the opt-out will only apply to the specific browser or device from which you opt-out. Further, opting-out only means that the 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 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.
The best way to stay on top of own fitness activity progress and the latest fitness facility news and announcements is via email and push notifications.
We may email you newsletters, your fitness activity progress and other information that may be of interest to you. You can manage your email preferences through your account settings at any time or by following the instructions as provided in emails to click on the unsubscribe link or emailing us at the email address set forth in the section entitled “Contact Us” below.
We may also send you push notifications to your mobile device with different fitness facility’s news and announcements, and fitness progress follow-ups and reminders. You can manage your notifications through your device setting any time or by emailing us at the email address set forth in the section entitled “Contact Us” below.
Please note that you cannot opt-out of non-promotional emails, such as those about your account, transactions, servicing, or our ongoing business relations.
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.
Netpulse 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 as set forth in the section entitled “Contact Us” below. 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 Netpulse is not required to respond to requests made by means other than through the provided email address or mail address.
Any California residents under the age of eighteen (18) who have registered to use the Netpulse Services and posted content or information on the Netpulse Services, can request that such information be removed from the Netpulse Services by sending an email to the email address set forth in the section entitled “Contact Us” below. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.
If you are a data subject in Europe, you have the right to access, rectify, or erase any personal data we have collected about you through the Netpulse Service. You also have the right to data portability, right to be forgotten, and the right to restrict or object to our processing of personal data we have collected about you through the Netpulse Service. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.
To exercise any of these rights, contact us as set forth in the section entitled “Contact Us” below and specify which right you intend to exercise. We will respond to your request within 30 days. We may require additional information from you to allow us to confirm your identity. Further, if we are processing your information on behalf of one of our customers, we will refer you to that customer, and will support them to the extent required by applicable law in responding to your request. Please note that we store information as necessary to fulfil the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.
If you have any issues with our compliance, you have the right to lodge a complaint with a European supervisory authority.
We take reasonable and appropriate security measures designed to protect the information we collect from or about you against unauthorized access, use, alteration, disclosure or destruction. Data is stored until the user explicitly requests the erasure of his/her account data stored on our servers or until the legal basis for the processing of the data is no longer valid. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
We are based in the United States and the information we collect is governed by United States law. Your information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your information to us, we may transfer that information to the United States and other jurisdictions and process it there. Your use of the Netpulse Services or provision of any information represents your agreement to that transfer and processing. If your data is collected in Europe, we will transfer your personal data subject to appropriate or suitable safeguards, such as the Privacy Shield Framework discussed below and/or standard contractual clauses.
The United States Department of Commerce has worked with the European Commission to develop the EU-U.S. and Swiss-U.S. Privacy Shield to allow U.S. companies to meet the EU and Swiss law requirements that personal data transferred from the European Union to the United States and from Switzerland to the United States be adequately protected. Netpulse will comply with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework regarding the collection, use, and retention of personal data from the European Union and Switzerland to the United States, respectively. Netpulse will certify 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.
In accordance with our obligations under Privacy Shield, and subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission, we hereby affirm our commitment to subject to the Privacy Shield Principles all personal data transferred from the European Union and Switzerland to the United States in reliance on Privacy Shield. This means that, in addition to our other obligations under the Privacy Shield Principles, we shall be liable to you for any third party agent to which we transfer your personal data and that processes such personal data in a manner that violates the Privacy Shield Principles, unless we can demonstrate that we are not responsible for the resulting damages.
Any questions or concerns regarding our compliance with Privacy Shield should be directed to us at the address set forth in the section entitled “Contact Us” below. For complaints that cannot be resolved between us and you directly, you may file a complaint, at no cost to you, with our independent dispute resolution provider Whistic at the following website: https://www.whistic.com/privacyshield/complaints. In the event there are residual complaints that have not been resolved by Whistic, you can invoke binding arbitration in accordance with the Privacy Shield Principles.
To learn more about the Privacy Shield Framework, and to view our certification page, please visit https://www.privacyshield.gov/list.
The Netpulse Services are not directed to people under 13 and we do not knowingly collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) from children under 13. If we learn that we have collected personal information of a child under 13 we will take steps to delete such information from our files as soon as possible.
EU data protection law makes a distinction between organizations that process personal data for their own purposes (known as “controllers”) and organizations that process personal data on behalf of other organizations (known as “processors”). Netpulse may act as either a controller or a processor in respect of your personal data, depending on the circumstances. Netpulse, Inc., located at the address in the section entitled “Contact Us” below, is the controller with respect to information you provide through the Netpulse Services.
Privacy Matters US, eGym Inc
2530 Frontier Ave., Boulder, CO
For EU-specific requests, please contact us at:
Privacy Matters UK
Canterbury Court, Kennington Park,
1-3 Brixton Rd,
London SW9 6DE