Total Gym Fitness Privacy Policy:
Effective Date: May 7, 2024
Last Updated May 7, 2024
This Privacy Policy describes how Total Gym Fitness, LLC and its affiliates (“TGF”, “Company” “we,” “us,” or “our”), collects, stores, uses, discloses, and transfers Personal Information collected (as defined below) and applies in locations where this notice is posted or referenced, including on websites and apps (each a “Site”) as well as for interactions that we have with customers, vendors, or other business interactions (together, the “Services”). If you are a California resident, see Section 6 for information provided pursuant to the California Consumer Privacy Act, including how to request that we not “share” your personal information by clicking the "Consent Preferences" tab at the bottom of the page.
By accessing or using the Site or interacting with our Services, you confirm that you have read, understand, and acknowledge the terms of this Privacy Policy, and agree to our Terms of Use. This Privacy Policy is not a contract and does not create any legal rights or obligations.
1. We collect and use personal information about you.
TGF (and the vendors we hire to perform services on our behalf) collect, receive, and develop several categories of Personal Information about you depending on the nature of your interactions with us. For example:
We collect Contact and Identifier Information. We collect your name, email address, phone number, account username and password, IP address, and mailing address.
We collect Commercial Information. We collect information related to your commercial activity on the Sites, including products or services purchased, obtained, or considered, or other purchasing or consuming histories.
We collect Device, Internet, and Network Activity Information. If you use our Sites or Services, we may collect information about the browser you are using and your IP address. We might also collect device identifiers. We might look at what website you came from, or what site you visit when you leave us. We (and other parties we work with) may collect page interaction information and other electronic communication and content from your use of the site (such as content entry, mouse movements, screen captures, what areas of the website you visit and for how long, what search terms or other data you enter, and what products or content or links you view and click on), and methods used to browse away from the page.
We collect Location Information. We may collect information about your general location, using your zip code or IP address.
We may collect Sensitive Personal Information. When using certain products, we may collect information such as precise geolocation and health related information, including, but not limited to, training related data such as heart rate, workout time, and calories burned. We only collect sensitive personal information, as defined by applicable privacy laws, for the purposes allowed by law or with your consent. We do not collect or process sensitive personal information for the purpose of inferring characteristics about you.
We collect Information You Submit. We collect any information you provide when you contact us (such as by email or phone), respond to surveys, or otherwise or engage with our Services.
We collect and develop Inferences. Using the other pieces of Personal Information collected about you, we draw inferences about you, reflecting what we believe to be your preferences, characteristics, predispositions, and attitudes.
2. We use Personal Information as described here.
We use information to provide the Services. For example, we use information to complete product orders and to facilitate delivery of our products. For example, when using our training applications, we collect Personal Information to provide you with tailored workout plans and to track workout progress.
We use information for marketing purposes. For example, we may use information to provide you with information about special promotions or offers or materials that may be of interest. We might also use that information to serve you ads about our products and offers. We might tell you about new features or services. These might be our own offers or products, or third-party offers or products we think you might find interesting. We may also use information to have emails sent to you. To learn about your choices for these communications, read Section 5 below.
We use information to provide support and to respond to your requests or questions. We use information to contact you in response to your questions, feedback or other matters related to the Services or our relationship with you (such as about this Privacy Policy or our Terms of Use).
We use information to test, analyze, improve, develop, and provide our products and services. For example, we may use information to troubleshoot and improve the Services. We might also use your information to customize your experience with us.
We use information to comply with our obligations, administer the Sites and Services, and for internal operations. For example, we use information to administer the Sites and Services, such as troubleshooting, data analysis, and testing.
We use information for security, safety, and due diligence purposes. We may use information to protect our company, our customers, and our business partners and their respective personnel. We also may use information to protect the Sites and Services, as well as to detect and investigate activities that may be illegal or prohibited (such as cyber-attacks or fraudulent transactions).
We use information to verify requests made pursuant to this Privacy Policy and for other verification purposes. We will use certain pieces of information to verify your identity if you make requests pursuant to this Privacy Policy. The verification steps and the pieces of Personal Information that we request may vary depending on the sensitivity and nature of your request.
We use information as otherwise disclosed or permitted by law, or as we may notify you.
3. We and our vendors collect personal information about you from various sources.
Directly from you: We process information that you or someone acting on your behalf directly provides to us. For example, you may provide us with Personal Identifiers and Commercial Information when you obtain products from us; contact customer service; or contact us via email, over the phone, in person, or through third parties. We and our vendors may also collect Personal Information from you when you interact with certain of our products, including through sensors and other connected applications.
From your devices and our networks: We use cookies and related technologies to passively collect Personal Information from and across your devices when you interact with the Site or Services.
4. We disclose your personal information with other parties.
We may disclose Personal Information within our family of companies. This includes our parent, subsidiaries, and affiliates.
We disclose Personal Information with vendors and other parties who perform services on our behalf. For example, we may disclose Personal Information with vendors who send emails for us, help us manage and operate or promote our Services, provide analytics, track and verify user engagement, investigate and prevent data incidents, and to assist with compliance and legal matters.
We may disclose your Personal Information with our business partners and marketing companies. We may also disclose the above categories of Personal Information with companies that help us with our marketing efforts, including social media platforms, advertising networks, and ad tech companies.
We will disclose your Personal Information if we think we must in order to comply with the law or to protect ourselves, our customers, and others. We may disclose any or all categories of Personal Information to respond to a court order or subpoena. We may also disclose this Personal Information if a government agency or investigatory body requests it. We might disclose your Personal Information in order to enforce our agreements and to protect the rights of others. We might disclose your Personal Information when we are investigating potential fraud.
We may disclose your Personal Information with a successor to all or part of our business. If all or part of our business is sold, we may include user information as part of that transaction, which may include some or all categories of your Personal Information. We may also disclose your Personal Information if there is a similar change to our corporate structure. We may also disclose your information with others as they conduct diligence of our corporate changes.
We may disclose Personal Information for other reasons we may describe to you from time to time or as permitted or required by law.
5. You have certain choices about how we use your personal information.
You can opt out of receiving our marketing emails. To stop receiving our promotional emails, you can follow any instructions in the promotional message you get from us, or email us using the details found in the Contact Us section below. Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your questions.
You can control certain cookies and tracking tools. Your browser may give you the ability to control certain cookies and other tracking tools. How you do so depends on the type of tool. Certain browsers can be set to reject browser cookies. If you block cookies, certain features on our Site may not work. If you block or reject cookies, not all of the tracking described here will stop.
We may use third party analytics tools, such as Google Analytics, to better understand how users interact with our Site. You can visit www.aboutads.info/choices and https://optout.privacyrights.info for more information and to opt-out of certain uses of cookies for advertising purposes.
Your cookie-related selections are specific to the device, website, and browser you are using. Your selections are deleted whenever you clear your cookies or browser’s cache.
Our “Do Not Track” Policy. Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals.
6. Your California Privacy Rights.
If you reside in California, you have the right to ask us one time each year if we have disclosed personal information with third parties for their direct marketing purposes. To make a request, please send us an email, or write to us at the address listed below. Indicate in your letter that you are a California resident making a “Shine the Light” inquiry.
If you are a California resident, please note the following regarding how we collect, use, and disclose your personal information as described in this Privacy Policy including in the past 12 months:
We may collect, use, and disclose for our business and commercial purposes, categories of Personal Information as set forth in applicable California law, including: Identifiers; commercial information; internet or other electronic network activity information; geolocation data; and inferences. We may collect categories of sensitive Personal Information as set forth in applicable California law, including account login credentials when combined with passwords and certain health-related data. Please see Section 1 for additional details.
We collect and use the above categories of Personal Information and sensitive Personal Information for the business and commercial purposes described in Section 2 of this Privacy Policy.
We collect these categories of Personal Information and sensitive Personal Information from the sources described in Section 3 above.
We may disclose each of the foregoing categories of Personal Information and sensitive Personal Information for the business and commercial purposes described in Section 2 of this Privacy Policy to the extent permitted by applicable law to the categories of parties as described in Section 4 of this Privacy Policy.
We may “sell” or “share” categories of Personal Information, including: identifiers; device, internet and electronic network activity information. We may “sell” or “share” these categories of Personal Information to the categories of third parties described in Section 4 of this Privacy Policy for the purposes described in Section 2 of this Privacy Policy. We do not “sell” or “share” categories of sensitive Personal Information.
We retain and store your Personal Information and sensitive Personal Information for as long as we have a legitimate business purpose to do so and in accordance with our data retention policies. We also keep information as otherwise required or permitted by law.
California law affords residents of California certain rights, including:
Access: You have the right to request that we disclose to you the categories of Personal Information we collected about you; the categories of sources for the Personal Information we collected about you; the categories of Personal Information we sold, shared, or disclosed; our business or commercial purpose for collecting, selling or sharing that Personal Information; the categories of third parties with whom we disclosed that Personal Information; and the specific pieces of Personal Information we collected about you over the past 12 months.
Deletion: You have the right to request that we delete your Personal Information that we have about you, with certain exceptions as provided by law; and
Correction: You can request that we correct inaccurate Personal Information that we maintain about you.
Do Not Sell or Share My Personal Information: You have the right to opt out of the “sale” or “sharing” of your personal information. For purposes of this Section, “sell” means the sale of your Personal Information to an outside party for monetary or other valuable consideration, and “share” means the disclosure of your Personal Information for cross-context behavioral advertising purposes, subject to certain exceptions set forth in applicable California law. Please note that if you make a request to opt out of the “sale” or “sharing” of your Personal Information and you would like to opt out of cookie-based tracking for behavioral advertising purposes, you will need to may set your cookie preferences for your browser as described in Section 5 of this Privacy Policy. You can also visit https://www.aboutads.info/choices and https://optout.privacyrights.info to opt out of certain uses of cookies for advertising purposes. Your cookie-related selections are specific to the device, website, and browser you are using. Your selections are deleted whenever you clear your cookies or browser’s cache. We do not knowingly sell or share the Personal Information of minors under 16 years of age.
Limit the Use/Disclosure of Sensitive Personal Information. – We only collect sensitive personal information, as defined by applicable privacy laws, for the purposes allowed by law or with your consent. We do not collect or process sensitive personal information for the purpose of inferring characteristics about you. Some of the purposes for the collection and processing of sensitive personal information allowed by law include: to perform the services or provide the goods reasonably expected; to prevent, detect, and investigate security incidents; to resist malicious, deceptive fraudulent, or illegal actions directed at the Company and to prosecute those responsible for those actions; to ensure the physical safety of natural persons; for short-term, transient use; to perform services on behalf of the Company; and to verify or maintain the quality or safety of a product or service provided by the Company. Therefore, we do not offer the right to limit the use of sensitive personal information.
We will not discriminate against you for exercising any of these California privacy rights. Please keep in mind that this section does not apply to personal information we collect about you as a job applicant or in the context of employment or business relationship with TGF.
California consumers can make a request related to these rights by emailing us at totalgymtv@totalgymdirect.com, clicking Do not share or sell my personal informatio.', or by calling 1-800-501-4621. Note that there may be restrictions regarding the number of times you can exercise these rights. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests.
We will take reasonable steps to verify your identity prior to responding to certain of your requests. The verification steps will vary depending on the sensitivity of the personal information and whether you have an account with us. You may designate an authorized agent to make a request on your behalf. However, you must provide the agent written permission authorizing the agent to submit the request on your behalf. The agent must also verify their identity with us directly before we will provide your information, unless prohibited by applicable law.
We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.
7. Our Site and services are not intended for children.
Our Site and our services are meant for adults. We do not knowingly collect Personal Information from children under 18. If you are a parent or legal guardian and think your child has given us information, you can contact us using the details found in the Contact Us section below.
8. Our Site is intended for United States residents.
Our Site is hosted in the United States and is intended for United States visitors. If you are visiting from outside the United States, note that United States laws may not provide the same level of protections as those in your own country. If you access our Site from outside of the United States, you understand, consent, and agree that we may transfer your personal information to the United States. We may also process, share, transfer and store personal information on servers located in countries other than the United States.
9. We use certain security measures.
The Internet is not 100% secure. We cannot promise that your use of our Site or Services will be completely safe. Any transmission of your data to our Sites or Services is at your own risk. We encourage you to use caution when using the Internet. We keep Personal Information as long as it is necessary or relevant for the practices described in this Privacy Policy. We also keep information as otherwise required by law.
10. We may link to third party sites or services we don’t control.
If you click on a link to a third party site, you will be taken to a website we do not control. This Privacy Policy does not apply to the privacy practices of that website, which may collect information from you. Read the privacy policy of other websites carefully. We are not responsible for these third party websites or their policies.
11. Feel free to Contact Us if you have more questions.
If you have any questions about this Privacy Policy or want to correct or update your information, please email us at totalgymtv@totalgymdirect.com. You can also call us at 1-800-501-4621.
12. We may update this Privacy Policy.
From time to time we may change our Privacy Policy. We will post an updated copy on our Sites. Please check our site periodically for updates. Your continued use of Sites or Services means that you acknowledge the collection, use and disclosure of your personal information as set out in the updated Privacy Policy.