Last updated: 18 February 2022
Thank you for choosing to be part of our community. Your privacy is important to us. This privacy policy (“Privacy Policy”) describes how Echelon Fitness Multimedia, LLC, Echelon Fit Canada Inc. and Echelon Fitness UK Limited, together with our affiliates and subsidiaries (collectively, “Echelon,” “we,” “us,” or “our”), collect, use, disclose, and process your information. It also explains the rights and choices available to you with respect to your information.
This Privacy Policy applies to information we collect and process when you interact with us and our products and services, such as when you access or use our websites, mobile applications, and other Echelon online services or applications that link to this Privacy Policy (each a “Service” and collectively, the “Services”); visit our studios or retail showrooms; contact our support staff; engage with our social media features and pages; or otherwise interact with us.
We hope you take some time to read this Privacy Policy carefully. You can click on the links below to go directly to the corresponding section of this Privacy Policy.
CONTENTS
We collect different types of information depending on the context of your interactions with us and our Services. Some of the information we collect includes personal information. We use the term “personal information” generally in this Privacy Policy to refer to information that can be used to identify you, either alone or in combination with other information.
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:
For more information about our and our third-party partners' use of cookies and similar tacking technologies to collect information automatically, and any choices you may have in relation to its collection, please read our Cookie Policy.
We use personal information for a variety of purposes as described in more detail below. If you are located in the European Economic Area (“EEA”), United Kingdom (“UK”), or Switzerland (collectively the “Designated Countries”), we will also identify our legal basis for processing your information below.
For individuals located in Designated Countries: We process your personal information in this way to provide you with our Services in accordance with our Terms and Conditions contract with you.
We use cookies and similar tacking technologies for the purposes described above. For more information, please read our Cookie Policy.
For individuals located in Designated Countries: Our legal basis for processing your Sensitive Information for the purpose described above is based on your consent. You may withdraw your consent at any time, however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.
For individuals located in the Designated Countries: Our legal basis for processing your personal information for the purpose described above depends on the nature of the customer support request. Our legal basis can be to satisfy our contractual or legal obligations and/or our legitimate interest to improve our Services.
For individuals located in Designated Countries: Our legal basis for processing your personal information for the purpose described above is based on our legitimate interest. We think it is important to continue improving our Services to ensure your continued enjoyment.
You can opt-out of receiving our marketing communications at any time as further described in the “YOUR CHOICES” section.
For individuals located in Designated Countries: Please review the “INFORMATION FOR INDIVIDUALS IN THE EEA, UK, AND SWITZERLAND” section to understand our marketing practices in relation to the Designated Countries.
For individuals located in Designated Countries: Our legal basis for processing your personal information for the purposes described above depends on the nature of our obligation. Our legal basis can be to satisfy our contractual or legal obligations and/or our legitimate interest to improve our Services.
For individuals located in Designated Countries: Our legal basis for processing your personal information for the purpose described above is based on our legitimate interest in operating our business as well as our contractual or legal obligations.
In addition to the specific situations discussed elsewhere in this Privacy Policy, we share information in the following situations:
4. ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS
We use cookies and similar tracking technologies (such as web beacons, pixels, and local storage) to automatically collect information, including your email address, through our Services (like tracking your sales cart activity and notifying us of abandoned sales carts). We also work with third-party partners who provide analytics and advertising services or other functionality on our Services. These third parties may also use cookies and similar tracking technologies to collect information about you when using our Services (for instance through a browser) and may combine the information with other information they have access to such as your mailing address so that we may serve relevant marketing offers to you via email or direct mail. Where required by law, we base the use of cookies and similar tracking technologies upon consent.If you wish to change your cookies and similar tracking technologies settings, please visit the cookie banner on our homepage. For more information about how we use such technologies and how you can refuse certain cookies, please read our Cookie Policy.
5. YOUR CHOICES
You may access, correct or update most of your account and profile information on your own through the Services within your Profile Settings of the membership website, https://member.echelonfit.com/login. Simply login to the website, navigate to the Membership & Billing section to update your email, password, phone number and address or to manage your email and privacy setting and delete your account. Navigate to the Profile section to update your nickname, App status, health metrics and family members using the Services.
For individuals located in Designated Countries: Individuals located in Designated Countries should review the “INFORMATION FOR INDIVIDUALS IN THE EEA, UK, AND SWITZERLAND” section to understand their rights to access personal information.
Mobile platforms have permission systems for specific types of device data and notifications, such as camera and microphone as well as push notifications. Where applicable, you can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Depending on the manner in which you make changes to your settings, certain Services may lose partial or full functionality.
You can stop all information collection by applications by disabling call forwarding and deactivating your account by following the instructions on the Service’s Settings screen and then uninstalling the applications using the standard uninstall process for your device. If you uninstall the applications from your mobile device, the unique identifier associated with your device will continue to be stored. If you reinstall the applications on the same mobile device, we will be able to re-associate this identifier to your previous transactions and activities.
For more information about how you can refuse certain cookies, please read our Cookie Policy.
Some web browsers incorporate a Do Not Track (“DNT”) or a similar feature. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
6. HOW WE PROTECT 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.
For the reasons and purposes described in this Privacy Policy, the information we collect may be transferred to, stored, and otherwise processed in the United States and other countries. Please note that the countries to which we transfer personal information may not have the same data protection laws as the country in which you initially provided the information. Nonetheless, where possible we take steps to treat personal information using the same privacy principles that apply pursuant to the law of the country in which we first received your information. By accessing and/or using the Services or otherwise providing your personal information, you are agreeing to the transfer of your information to the United States
For individuals located in Designated Countries: Individuals located in Designated Countries should review the “INFORMATION FOR INDIVIDUALS IN THE EEA, UK, AND SWITZERLAND” section for details.
8. CHILDREN'S PRIVACY
Our Services are intended for general audiences over the age of 18 years old. We do not knowingly collect information from children under the age of 18 years old. If you are not over 18 years old, then DO NOT DOWNLOAD OR USE THE SERVICES. We also do not knowingly sell the personal information of individuals under the age of 16.
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.
As part of the functionality of our Services, we integrate with certain third-party services, such as Fitbit, Apple Health and Strava. We may also enable you to link your Echelon account to certain health-related applications. If you choose to link your Echelon account with such applications, you can decide to share the health information we collect about you while you use the Services, including but not limited to your heart rate, calories, cycling, walking and running distances, and the list of your Echelon classes taken with such applications. If you decide to do so, you may also be able to transfer other personal information, such as your sex or gender, heart rate, height, weight and walking and running distances, from the health-related applications to Echelon. You may opt-out of tracking at any time by configuring your privacy settings on such applications. Your interactions with third-party services or other health applications are governed by the privacy policy of the company providing the service.
10. INFORMATION FOR INDIVIDUALS IN THE EEA, UK, AND SWITZERLAND
The EU General Data Protection regulation (“GDPR”), the Data Protection Act 2018, and other data protection laws ("Data Protection Laws") require us to provide the following information related to our privacy practices. This section only applies to individuals located in Designated Countries.
We rely on various legal bases to lawfully transfer personal information around the world, including the Standard Contractual Clauses approved by the EU Commission and the UK Parliament as providing sufficient safeguards for such transfers. A copy of the Standard Contractual Clauses is available on request.
Your data is controlled by the Echelon entity you registered with when you signed up for or ordered our products or services. The identity of that entity (the “data controller”) depends on which country you were in when you registered. The table below will help you identify which entity is your data controller.
Country |
Data Controller |
France |
Echelon Fit SAS |
Germany |
Echelon Fit GmbH |
UK & the Republic of Ireland |
Echelon Fitness UK Limited |
Iceland |
Echelon International, LLC |
We describe how we collect, use, share and otherwise process your personal information in sections 1 through 4 of this Privacy Policy. We rely on various legal bases to process your personal information, including:
We will obtain your consent where required to send you marketing communications using electronic means. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us.
Under the Data Protection Laws, you have certain rights relating to your personal information which are set out below. Please note that not all these rights are absolute, and they do not apply in all circumstances. We will process your request in accordance with applicable law. When you make a request, we may require proof and verification of identity and jurisdiction of residency to protect your privacy and security.
You can find details EU Supervisory Authorities here: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
If you have questions or comments about your privacy rights, you can contact us.
For the most part, we enable exercise of the privacy rights described in the paragraphs above directly through our Services when logged in. If you require assistance or have a specific request that is not presently covered by our product features, please contact our Data Protection Officer using the information in the “CONTACT DETAILS” section.
If you are a resident of the UK or EEA and you wish to access, change or delete personal information we hold about you, you may contact us by completing an UK/EEA Request Form. If we change or delete your personal information or if you decline to actively share certain personal information with us, we may not be able to provide you with our Services or some of the features and functionality of our Services. In addition, you may contact us to request that we not disclose your personal information to third parties (other than those that are acting as our agent to perform tasks on our behalf, such as data processors). Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on the rights and freedoms of another person. For example, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our Services to you anymore.
We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).
When we have no ongoing legitimate business need to process your personal data, we will either delete or anonymize it, or, if this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible.
11. INFORMATION FOR CALIFORNIA RESIDENTS
California law requires us to disclose the following information related to our privacy practices. If you are a California resident, this section applies to you in addition to the rest of this Privacy Policy.
The table below identifies the categories of personal information we have collected in the past twelve (12) months and which we will continue to collect. It also lists the categories of third parties to whom we disclose personal information for a business purpose. For more information, including the sources from which we obtain personal information, please see the “INFORMATION WE COLLECT” section of this Privacy Policy.
We use and disclose these categories of personal information for the purposes described in the “HOW WE USE INFORMATION” and “HOW WE SHARE INFORMATION” sections in this Privacy Policy.
As a California resident, you have certain rights, such as:
Your access rights under California law are not absolute. Specifically, you have the right to make a request no more than twice in a twelve (12) month period and the information you can request is limited to personal information collected in the 12-month period preceding our receipt of the request.
Please note that not all these rights are absolute, and they do not apply in all circumstances. While we will make reasonable efforts to accommodate your request, we also reserve the right to impose certain restrictions and requirements on such requests, if allowed or required by applicable laws. Any request you submit to us is subject to an identification and residency verification process.
For the most part, we enable exercise of the privacy rights described in the paragraphs above directly through our Services when logged in.
If you are a California resident and you would like to make a request for access, portability, or deletion of your information, you may submit a request through the CCPA Request Form or by contacting us.
In order to process your request, we must be able to verify your identity to make sure you are the person about whom we have collected personal information or an authorized representative. Depending on the type of request, we may conduct the verification process by email or phone using information that matches our records. The information you must provide as part of the verification process may include: name, email address, mailing address, phone number, user name, state and/or country of residency, and/or proof of residency. We may also ask for additional information as needed based on your relationship with us.
You may also designate an authorized agent to exercise these rights on your behalf by providing the authorized agent signed permission to submit the request on your behalf. If an authorized agent submits a request on your behalf, we may need to contact you to verify your identity and protect the security of your personal data. Please note, we cannot process your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you.
12. INFORMATION NEVADA RESIDENTS
Pursuant to Nevada law, you may direct a business that operates an internet website not to sell certain personal information a business has collected or will collect about you. We do not sell your personal information as defined under Nevada law. For more information about how we handle and share your personal information or your rights under Nevada law, please contact us at privacy@echelonfit.com.
13. CHANGES TO THIS PRIVACY POLICY
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.
If you have any questions, complaints, or comments about this Privacy Policy or our privacy practices, you may email our Data Protection Officer at privacy@echelonfit.com or by mail at:
Echelon Fitness Multimedia, LLC
Attn: Chief Information Security Officer
605 Chestnut Street, Suite 700
Chattanooga, TN 37450
If you live in the EAA, UK, or Switzerland, you may also contact us at:
Echelon Fit UK Ltd
Attn: Data Protection Officer
27 Old Gloucester Street,
London,
United Kingdom,
WC1N 3AX
Email: lillian.pang@taceo.co.uk or contact us
Persons with disabilities may obtain this Privacy Policy in an alternative format, upon request, by contacting us at the appropriate address above. If you are visually impaired, you may access this notice through your browser’s audio reader.
16. ENGLISH LANGUAGE
Pursuant to Canadian law, theparties declare that they have required that this Privacy Policy and all documents related hereto, either present or future, be drawn up in the English language only.
Conformément à Droit canadien, lesparties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.