EFFECTIVE DATE: 3.17.23
If you have any questions about how we collect, use, protect or disclose your Personal Information in connection with our Platform, please contact us by email at [email protected].
Personal Information We Collect
We collect Personal Information to facilitate purchases, provide and improve our Platform, and conduct our business operations. Depending on how you use our Platform, we may collect the following categories of Personal Information about you:
- Identifiers: Contact and other identifying information, such as your real name, birthday, email address, telephone number, online identifier, and IP address.
- Financial Information: Payment information such as your credit or debit card number.
- Commercial Information: Information about the products or services you have purchased, obtained, or considered; and other information about your purchasing or consuming histories or tendencies.
- Internet Activity: Internet or other electronic network activity information, including, but not limited to, your browsing history, search history, and information regarding your interactions with websites, emails, applications, or advertisements.
- Device information: Information such as the IP address, general geographic location, operating system, browser type, language preferences, mobile phone number, device identifier and other similar information associated with the device you use to access, use, or interact with the Platform.
- Geolocation Data: Location information, such as the city, state and ZIP code associated with your IP address.
- Exercise and Health-related Information: Information such as your height, weight and heart rate.
- Other information you provide to us.
How We Collect Personal Information
A large portion of the Personal Information we collect is collected directly from you. In some cases, we may collect Personal Information from third parties in the ways described in this Policy.
Directly from You
When you access, use or otherwise interact with our Platform, or otherwise engage with us in connection with our Platform, such as when you create an account with us, we may ask you to provide certain Personal Information. We may also collect information about you when you use the Equipment.
Automatic Data Collection
We may collect certain information automatically through our Platform, such as your IP address, mobile carrier, and other device identifiers that are automatically assigned to your computer or device when you access the Internet.
Information from Third Parties
We, or third parties acting on our behalf, may collect Personal Information about you from third parties, including, without limitation, online and offline sources, entities affiliated with us, our service providers, social media platforms, advertising networks and other public or commercial sources (collectively, “Third Party Sources”). The collection of Personal Information from these Third Party Sources can occur in a variety of ways, including, without limitation:
- We, or third parties acting on our behalf, may receive Personal Information about you from third parties that provide services to us through or in connection with the performance of our Services or the operation of our Platform (“Service Providers”). Service Providers may include, without limitation, hosting providers and payment providers. For example, we use Shopify to power our online store–you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also currently use Stripe to process payments when you purchase Services from us and, as such, do not directly collect or store credit card numbers. To learn more about Stripe’s policies, you can visit its website at https://stripe.com/privacy. We may receive certain information from third party apps and websites when you choose to integrate your account on those apps or websites with your account on our Platform.
- We may receive information from third parties whose content is linked to on our Platform. Any links to other websites, applications or other third party content on our Platform, are not an endorsement, authorization, or representation of our affiliation with that third party and we are not responsible for the content, privacy and security policies and practices of any third party. We encourage you to read the privacy policies or statements applicable to any third party websites, applications, or content you access.
- We, or third parties acting on our behalf, may also receive Personal Information about you from other third parties, such as other users of our Platform, including without limitation, those that refer you to our Platform.
Please note, we may combine the Personal Information and other content and information we receive about you from multiple sources, including, without limitation, Personal Information we collect directly from you and one or more Third Party Sources.
How We Use Personal Information
The primary purposes for which we use Personal Information are:
- Customer Service and Customer Communications. We may use Personal Information (1) to fulfill orders and (2) send you emails, calls, and text messages to provide you with alerts and updates about your engagement with the Platform.
- Provide our Services. We may use Personal Information to provide you customized fitness results when you use our Equipment such as the estimated number of calories you burned during a workout.
- Business Purposes. We may use Personal Information for business purposes including but not limited to: (1) carrying out our obligations and enforcing our rights arising from any contracts we have entered into, including, without limitation, any contracts between you and us; (2) operating and improving our products and Platform; (3) conducting statistical or demographic analysis; (4) customizing your experience with our Platform; (5) preventing fraud; (6) assessing the success of our marketing and advertising campaigns; (7) registering accounts; and (8) other business purposes permitted under applicable law.
- Marketing Purposes. We may use your Personal Information to advertise and market to you including notifying you of special promotions, sweepstakes and contests, opportunities, offers and events via push notifications, e-mail, and other means. We also use Personal Information to serve you targeted ads.
- Law Enforcement/Legal Purposes. We may use Personal Information to cooperate with law enforcement or other legal purposes including: (1) complying with legal and regulatory requirements; (2) cooperating with law enforcement or other governmental agencies for purposes of investigations, public safety or matters of public importance when we are legally required to do so or believe that disclosure of Personal Information is necessary or appropriate to protect the public interest; and (3) protecting and defending against legal actions or claims.
Please note, we may use and disclose aggregated, anonymized, or de-identified information collected in connection with our Platform and other information that does not identify any individual (“Anonymized Data”) for any lawful purposes, which may include, without limitation, purposes not described in this Policy. Except as otherwise required under applicable laws, our use and disclosure of such Anonymized Data is not subject to this Policy.
Sharing Personal Information with Third Parties
To operate our Platform and provide our Services, we may share your Personal Information with certain third parties including:
- Service Providers. We may share Personal Information with Service Providers. The types of Service Providers to whom we entrust Personal Information include Service Providers for: (i) provision of IT, analytics, and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities such as deliveries and member support; and (v) in connection with the provision of the Platform. CLMBR’s policy is to execute appropriate contracts with the Service Providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements, and this Policy.
- Business Providers. We may share Personal Information with our business partners and affiliates for our business purposes or to provide you with a product or service that you have requested. We may also provide Personal Information to business partners with whom we jointly offer products or services, or whose products or services we believe may be of interest to you.
- Marketing Partners. We may share Personal Information to facilitate the delivery of targeted ads, promotions and offers to you, on and off the Platform.
- Government and Law Enforcement. We may share your Personal Information with individuals or private parties where necessary to enforce and comply with the law, to protect our property or legal rights, for the safety of the public or any person, to prevent harm, to protect the security and integrity of the Platform.
- Professional Advisors. We may share Personal Information with our professional advisors, such as our attorneys, accountants, financial advisors, and business advisors, in their capacity as advisors to us.
- Other. We may share Personal Information with third parties and/or Service Providers at your request or with your explicit consent.
TOOLS WE USE AND YOUR CHOICES
Cookies and other Tracking Technologies
We use these tools to learn whether the Platform is operating optimally, learn whether you are a repeat visitor to our Platform, personalize advertising, obtain valuable data and statistics about the usage and effectiveness of our Platform, and help us provide an enjoyable, personalized and innovative online experience for you. We may combine information gathered from cookies with other Personal Information.
Generally, the type of information we collect through cookies and other tracking technologies is specific to your computer or other device and includes the IP address, date and time the device accessed our Platform, what parts of our Platform were visited, your internet services provider, the device ID number, approximate geographic location, browser type, the websites you visit before and after coming to our Website, and whether the web pages requested were delivered successfully.
The Options/Settings section of most internet browsers will tell you how to manage cookies and other technologies that may be uploaded to your device, including how to disable such technologies. You can disable our cookies, or all cookies, through your browser settings, but please note, disabling cookies may impact some of the features of our Platform and prevent them from operating as intended. You can learn more about cookies, including how to see what cookies have been uploaded to your device and how to manage and delete them, by visiting https://www.allaboutcookies.org/.
We use third-party analytics tools, including those listed below.
Interest Based Advertising
- Google Analytics’ Advertising Features. We have enabled and implemented the following Google Analytics Advertising Features: Google Dynamic Remarketing, and DoubleClick Floodlight. To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Services.
- TradeDesk. The Trade Desk is an online demand-side platform that provides buying tools for digital media buyers. The conversion pixel we add allows us to track performance and derive insights for media investments made. To opt-out, please visit: http://thetradedesk.com/general/privacy-policy#optout.
- Amazon Advertising. We may deploy Amazon advertising cookies. To opt out of receiving interest-based ads from Amazon by visiting the relevant Amazon Ads Preferences page, the Digital Advertising Alliance’s opt-out page, YourOnlineChoices page for your location, or the Digital Advertising Alliance of Canada’s opt-out page, as applicable.
- LinkedIn Insight Tag. We may use Linked Insight Tag, a cookie placed by LinkedIn that enables us to measure the effectiveness of advertising campaigns served on LinkedIn. The information collected by that cookie will be transmitted directly to and stored by LinkedIn. For more information about LinkedIn’s privacy practices, please refer to https://www.linkedin.com/legal/privacy-policy. To opt-out, you can update your advertising preferences through your LinkedIn account. If you do not have a LinkedIn account, LinkedIn allows you to opt-out of applicable targeted advertising by visiting https://www.linkedin.com/psettings/guest-controls.
HOW TO MANAGE YOUR PERSONAL INFORMATION
We offer you several choices with respect to how we use your Personal Information.
- You may update or correct any Personal Information you have provided us by editing your account information on the Apps.
- You can opt-out of receiving marketing and other promotional email communications we send you by following the unsubscribe instructions contained in most email messages from us. Your unsubscribe request or email preference changes will be processed promptly, though this process may take several days. During that processing period, you may receive additional marketing and other promotional emails from us. Please note, opting out of these communications will only apply to marketing and other promotional emails and will not apply to any email or other communications we send to you for non-marketing purposes, including, but not limited to, emails and other communications about your interactions with our Platform.
- To delete your account, please contact us at [email protected].
- We may request to send you push notifications via the Platform, depending on how you use the Platform. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
- With your permission, we may send you text messages with workout summaries or information about your order. Additionally, with your express consent, we may send you text messages about our store, new products, and other updates. You can opt-out of receiving such messages at any time by responding to a text message with the word “STOP”.
We are active on social media, including Facebook, Instagram, Twitter, and YouTube (“Social Media”). Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on the Platform and our Social Media pages any comments or content that you post on our Social Media pages. Your use of Social Media is governed by the privacy policies and terms of the providers that own and
SECURITY OF INFORMATION
We are committed to protecting the security of your Personal Information. We use commercially reasonable safeguards to maintain the security and privacy of Personal Information we collect and use in connection with our Platform. Nevertheless, when disclosing Personal Information, you should remain mindful that there is an inherent risk in the transmission of information via the internet and mobile platforms. Although we take precautions to protect against the risk of unauthorized access to your Personal Information, we cannot guarantee the security of any information, including your Personal Information, that you disclose online and you do so at your own risk.
California Privacy Rights
If you are a California resident, under California’s Shine the Light Law (California Civil Code Section 1798.83) you have the right to request the following information regarding our disclosure of your Personal Information to third parties for direct marketing purposes: (1) the categories of Personal Information we disclosed to third parties for their direct marketing purposes during the preceding calendar year; (2) the names and addresses of the third parties that received the information; and (3) if the nature of the third party’s business cannot be determined from their name, examples of the products or services they marketed. This information may be provided in a standardized form that is not specific to you.
You are permitted to obtain this information from us once a year, free of charge. To make such a request, please submit your request in writing to:
Attn: Legal Department
3033 East 1st Avenue, Suite 501
Denver, CO 80206
Our Platform are not directed to children under the age of 13. In addition, you are not permitted to use our Platform if you do not meet the minimum age requirement applicable to our Platform in your jurisdiction. We do not knowingly collect Personal Information from children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us and we will take steps to delete such information from our files as soon as possible.
We welcome your questions, comments, and concerns about privacy. Please email us at [email protected] with any questions or feedback you have pertaining to our privacy practices.