Although we do not currently “sell” “covered information” of Nevada “consumers” as those terms are defined by Chapter 603A of the Nevada Revised Statutes, Nevada consumers have the right to instruct us not to sell covered information we collect when you purchase products or services from us. You may contact us to be verified and exercise your opt-out rights under that law, as detailed below.
Covered information is one of 7 categories of personal information collected by the company or operator:
- first and last name;
- home or other physical address;
- e-mail address;
- phone number;
- Social Security number;
- an identifier that allows an individual to be contacted online e.g. information used to engage in behavioral advertising, and;
- Any other information
Information categories #1 thru #6 are fairly narrow. Item #7 is much broader and includes “any other information” that is collected online that, when combined with “an identifier,” makes the information personally identifiable.
Personal Information We Collect 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 Nevada 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 Nevada 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
Right to Opt-Out of the Sale of Personal Information
We generally do not disclose or share Personal Information for profit. Under Nevada law, you have the right to direct us to not sell or license your Personal Information to third parties. To exercise this right, if applicable, you or your authorized representative may submit a request via e-mail to email@example.com, or by mailing a Request to Opt-Out of Sale of Personal Information to us. We will respond to your verified request as soon as reasonably practicable, but no later than sixty (60) days after 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.
What is a sale under Nevada law?
SB 220 defines a “sale” as “the exchange of covered information for monetary consideration by the operator to a person for the person to license or sell the covered information to additional persons.”
However, SB 220 provides some exemptions to this definition. A company is not “selling” covered information if it is disclosing the covered information to one of the following businesses (the term “business” includes any person):
- A business providing a service on the company’s behalf (a “service provider”).
- A business that has a direct relationship with the consumer, if the company is making the disclosure in order to provide something the consumer has specifically requested.
- Any other business, as long as the disclosure is within the consumer’s reasonable expectations and is reasonable in the context in which the consumer provided the covered information.
- One of the company’s affiliates. Nevada law defines an “affiliate” as “any company that controls, is controlled by, or is under common control with another company.”
- Any other business that is taking over the company in a merger or acquisition where the covered information is part of the company’s assets.
These exemptions allow companies to provide services to its customers, work with third parties, and carry its legal and contractual obligations.
Do Not Sell My Personal Information
In accordance with Nevada law, Speede Fitness is providing an opt-out mechanism to Nevada residents that permits Nevada consumers to opt out of the sale of their covered information. Personal Information in Nevada is defined as your name, address, email address, phone number, social security number, individual identifiers, and any other information that becomes personally identifiable when combined with an identifier. Nevada residents may exercise the right to opt-out of our selling of your Personal Information by filling out the Request to Opt-Out of Sale of Personal Information and e-mailing or mailing the attached form to us. 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.