California - Privacy Policy
The California Consumer Privacy Act of 2018 (CCPA) requires that every business disclose certain additional information about how it collects, uses, discloses, and sells the Personal Information of a California resident. This California Privacy Policy is part of Speede’s Privacy Policy.
This section only applies to California residents. The rights discussed in this section do not extend to individuals who are not California residents.
California Residents’ Rights Under the CCPA
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 twelve (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 twelve (12) months.
- The specific pieces of Personal Information we have collected about you over the past twelve (12) months.
- The categories of sources from which the Personal Information is collected over the past twelve (12) months.
- The business or commercial purpose for collecting or selling that Personal Information over the past twelve (12) months.
- The categories of third parties with whom we shared your Personal Information over the past twelve (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.
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 will direct our service providers to do the same, unless an exception applies.
Right to Opt-Out of Sale of Personal Information. Under the CCPA, California residents who are sixteen (16) years old or older have the right to direct businesses that sell Personal Information to not sell your Personal Information (i.e., the “right to opt-out”).
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 whom we actually know are less than sixteen (16) years of age, unless we receive affirmative authorization (i.e., 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.
Right to Non-Discrimination. Under the CCPA, California residents have the right to not 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 our business. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. For more information about the CCPA-permitted financial incentives that we offer, see our Notice of Financial Incentive.
How California Residents Can Exercise Their Rights
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 provided in this Privacy Policy.
You may only make a verifiable consumer request to know or request for access two times within a twelve (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 must 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 ten (10) days. If we are able to verify your request, we will make our best effort to respond within sixty (60) days of our receipt of your request. If we require more time (up to 60 additional days), we will inform you, in writing, of the reason and the new extension period. We will not disclose information to you if we cannot verify your identity.
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 contained in this Privacy Policy.
Upon receiving a deletion request, we will confirm receipt within ten (10) days. If we are able to verify your request, we will make our best effort to respond within sixty (60) days of our receipt of your request. If we require more time (up to 60 additional days), we will inform you, in writing, of the reason and the new extension period. 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 any Personal Information if we cannot verify your identity.
Exercising Your Right to Opt-Out of Sale of Personal Information. For California residents to exercise the right to opt-out if we engage in selling your Personal Information, you or your authorized agent may submit a request to us by filling out the Notice of right to Opt-Out of Sale of Personal Information, below.
You may also exercise your right to opt-out by calling us at the toll-free phone number listed in this Privacy Policy.
We will act upon your request to opt-out within fifteen (15) days of receiving the request. We will instruct the third parties to whom the information has been sold in the ninety (90) days prior to your request not to further sell the information, and we will notify you when this instruction has been completed.
We will not act upon a request from authorized agents if the agent does not submit proof that the agent has been authorized by you to act on your behalf. We will not act upon a request if we believe it is fraudulent.
Your consumer requests may be submitted by either:
- Calling us at (800) 908-9978
- Filling out the Notice of Right to Opt-Out of Sale of Personal Information
Only you, as a California resident, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request to know/request for access, request for deletion, or request to opt-out.
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.
Sale of Personal Information
In some circumstances, we may sell your Personal Information. We may sell, and during the last twelve (12) months we may have sold, the following categories of Personal Information:
- Identifiers: We collect certain identifying information from you including first name, maiden name, last name, username, or similar identifier, marital status, title, date of birth, gender, contact information such as billing address, mailing address, e-mail address, and telephone numbers.
- Customer Records Information: This includes Personal Information defined by the California customer records law, such as address, telephone number, bank account, credit card number, physical information, and medical information.
- Protected Class Information: If you choose to include it in your profile, we will collect certain of characteristics of protected classifications under California or federal law, such as age, race, marital status, and medical conditions.
- Commercial information: When you make purchases from us, we gather information about your purchasing history, about payments to and from you and other details of products and services you have purchased from us.
- Biometric Information: We may collect biometric information from you when you create your product profile or use our Services. This 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.
- Internet or other electronic network activity information: We collect certain electronic information including internet protocol (IP) address, your login information, 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. We also collect information about how you use our website, products, and services.
- Geolocation: This information may be recorded when you use certain features of our apps, which may be uploaded to your profile when synced with your account.
- Sensory data: We will collect this information if you choose to share it, such as a video of your workout.
- Inferences: We use the information we collect about you to improve your experience when using our Services. This includes monitoring and complying with your preferences in receiving marketing materials and information from us and our third parties as well as your communication preferences. We also collect information about your social media interactions through our Services, including your public profile information, your social media connections, photos, and “likes.”
The categories of third parties to whom this information may be or has been sold is:
Internal Third Parties
Other companies in the Speede affiliate group may act as joint controllers or processors, provide IT and system administration services, and/or undertake leadership reporting.
External Third Parties
This category includes third parties for marketing purposes, including for analytics and the delivery of targeted advertising, such as partners that provide health and fitness services. External third parties are accessed when you link your Speede account to such third parties.
NOTICES FOR CALIFORNIA RESIDENTS
- Notice at Collection
- Notice of Right to Opt-Out of Sale of Personal Information
- Notice of Financial Incentive
How We Respond to Do Not Track Signals
We do not respond to Do Not Track signals.
Shine the Light
California Civil Code Section 1798.83 permits California resident users of the Speede Sites to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes.
Notice at Collection of Personal Information
This Notice at Collection of Personal Information (“Notice at Collection”) is part of Speede’s Privacy Policy and includes details about the Personal Information we collect from California residents and the purposes for which that Personal Information will be used. This Notice at Collection applies solely to California residents. We adopt this Notice at Collection in accordance with the CCPA.
Personal Information We Collect About You
- We collect Personal Information in accordance with our Privacy Policy. In particular, we may collect the following categories of Personal Information from or about you:
- Identifiers: We collect certain identifying information from you including first name, maiden name, last name, username, or similar identifier, marital status, title, date of birth, gender, contact information such as billing address, mailing address, e-mail address, and telephone numbers.
- Customer Records Information: This includes Personal Information defined by the California customer records law, such as address, telephone number, bank account, credit card number, physical information, and medical information.
- Protected Class Information: If you choose to include it in your profile, we will collect certain of characteristics of protected classifications under California or federal law, such as age, race, marital status, and medical conditions.
- Commercial Information: When you make purchases from us, we gather information about your purchasing history, about payments to and from you, and other details of products and services you have purchased from us.
- Biometric information: We may collect biometric information from you when you create your product profile or use our Services. This 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.
- Internet or other electronic network activity information: We collect certain electronic information including internet protocol (IP) address, your login information, 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. We also collect information about how you use our website, products, and services.
- Geolocation: This information may be recorded when you use certain features of our apps, which may be uploaded to your profile when synced with your account. ● Sensory data: We will collect this information if you choose to share it, such as a video of your workout.
- Inferences: We use the information we collect about you to improve your experience when using our Services. This includes monitoring and complying with your preferences in receiving marketing materials and information from us and our third parties as well as your communication preferences. We also collect information about your social media interactions through our Services, including your public profile information, your social media connections, photos and “likes.”
How We Use Your Personal Information
We will only use your Personal Information in a manner that is consistent with applicable laws. Most commonly, we will use the categories of Personal Information identified above for the following business purposes:
- When we need to perform a contract or process transactions we are about to enter into or have entered into with you and to respond to your inquiries, fulfill your requests, complete your purchases, and provide you with related customer service.
- For the provision of our products and services or the operation of our business or a third party’s business and to facilitate the social sharing functionality that you choose to use in connection with your Equipment or Service. All of our employees and contractors are required to follow our data privacy and security policies when handling Personal Information.
- For providing you with customized and personalized workouts for your Speede Equipment and recommendations for other Speede health or fitness opportunities that we think may be of interest to you.
- To personalize your experience on the Site by presenting products and offers tailored to you, and to facilitate social sharing functionality.
- To analyze and understand our members use patterns, improve our service, and optimize the features of our services, and for other business purposes, such as data analysis, audits, fraud monitoring, and prevention, developing new products, improving or modifying our Services, identifying usage trends, determining the effectiveness of promotional campaigns, and operating and expanding business activities.
- Where it is necessary for our legitimate interests (or those of a third party), and your interests and fundamental rights do not override those interests. To send administrative information to you, such as changes to our terms, conditions, and policies, as well as marketing communications that we believe may be of interest.
- When we need to comply with a legal or regulatory obligation.
- Where we need to protect your (or someone else’s) interests.
- Where necessary in connection with the sale, merger, acquisition, or other reorganization of our business.
- For marketing purposes and to allow you to participate in sweepstakes, contests, and similar promotions and to administer these activities. Some of these activities may have additional rules containing information about how we use and disclose your Personal Information.
By creating an account with us, you agree that we may contact you for marketing and transactional purposes by phone, e-mail, mail, or text message, even if your number is on a do-not-call list or is a wireless number.
We will only use your Personal Information for the purposes for which we collected it, including where we reasonably consider that we need to use it for a reason that is compatible with the original purpose. If we need to use your Personal Information for an unrelated purpose, we will notify you as required by law.
Please note that we may process your Personal Information without your knowledge or consent where this is required or permitted by law.
Notice of Right to Opt-Out
This Notice of Right to Opt-Out is part of Speede’s Privacy Policy and includes information about the right of California Consumers to opt-out of the sale of their Personal Information. This Notice of Right to Opt-Out applies solely to California residents. We adopt this Notice of Right to Opt-Out in accordance with the CCPA, and any terms defined in the CCPA have the same meaning when used in this Notice of Right to Opt-Out.
Right to Opt-Out of Sale of Personal Information
California residents may exercise the right to opt-out of our selling of your Personal Information by filling out the Request of Right to Opt-Out of Sale of Personal Information.
Do Not Sell My Personal Information
You may also exercise your right to opt-out by calling us at (800) 908-9978.
You may use an authorized agent to submit a request to opt-out on your behalf if you provide the authorized agent written permission to do so. We will not act upon a request from authorized agents if the agent does not submit proof (your written permission) that the agent has been authorized by you to act on your behalf. We will not act upon a request if we believe it is fraudulent.
Notice of Financial Incentive for California Residents
This Notice of Financial Incentive is part of Speede’s Privacy Policy and includes an explanation of financial incentives we offer California residents. This Notice of Financial Incentive applies solely to California residents. We adopt this Notice of Financial Incentive in accordance with the CCPA.
From time-to-time, we may offer coupons, discounted offerings, advance notices of sales, other special offerings, and/or the opportunity to enter contests and sweepstakes to consumers who have opted-in to the receipt of marketing material from us by providing us with certain Personal Information, such as their name, an e-mail address, and a street address.
We may offer discounted pricing for certain products or services in the form of coupons or promo codes. We offer these incentives to encourage consumers to try our products and services or to learn more about our offerings. We may offer other incentives, such as advance notice of sales, based on a consumer’s purchase history or demographic data. We value the Personal Information collected in connection with these incentives by various methods, such as by determining the approximate additional spending per consumer, per year compared to individuals that do not participate in our incentives.
Each financial incentive or price or service difference related to submission and use of consumer personal information is based upon our reasonable but sole determination of the estimated value of such information, which takes into consideration, without limitation, estimates regarding the anticipated revenue generated from such information, the anticipated expenses which might be incurred in the collection, storage, and use of such information in the operation of our business, and other relevant factors related to the estimated value of such information to our business, as permitted under the CCPA.
Participation in our financial incentive programs requires your prior opt-in consent. You can opt-in to participate in the financial incentives described by checking the box when you sign up for an account or by otherwise indicating your consent when you request information from us.
If you subsequently wish to withdraw from the financial incentive or price or service difference, you may request such withdrawal by contacting us. If you opt out, we will not reduce the value of any financial incentives you previously received from us. You may revoke your consent and withdraw from a financial incentive program at any time by doing one of the following:
- Calling us at (800) 908-9978
- E-mailing us at support@speede.fit