Effective October 28, 2018
Tonal Systems, Inc. wants you to be familiar with how we collect, use and disclose information. This
- Through our website at www.tonal.com (the “Site”),
- Through the fitness equipment made available by us for your use in workouts (the “Equipment”),
- Through the software applications made available by us for use on or through computers and
- mobile devices (the “Apps”),
Collectively, we refer to the Site, the Equipment, the Apps, and our Social Media Pages as the “Services”).
“Personal Information” is information that identifies you as an individual or relates to you as an identifiable individual. You do not need to provide us Personal Information in order to the use the Equipment or other Services. However, if you create an account for the Services, Personal Information we may collect includes:
- Postal address (including billing and shipping addresses)
- Telephone number
- Email address
- Credit and debit card number
- Unique identifier assigned to your Equipment
- Equipment use history and metrics, including frequency and length of workouts, workout start and end times, exercises performed, the number of sets and repetitions for each exercise, the amount of weight lifted, your height and weight, age (date of birth), and gender or sex will be associated with your profile if you are logged in while using the Equipment
- Fitness goals and preferences
- Profile picture
- Certain Personal Information from your social media account that you share with us if you connect your social media account to your Services account with us, including social media account ID, your name, email address, photo, list of social media contacts, and any other information that may be or you make accessible to us when you connect your social media account to your Services account
- Other users with whom you may share Equipment
- Other users with whom you connect and interact through the Services and information about your interactions
- Information transmitted by third-party devices that you choose to connect to, and to share data with, the Equipment, Apps or other Services. For example, these devices may include heart rate monitors, wearable technology, and fitness accessories containing sensors.
Use of Personal Information
We and our service providers may use Personal Information:
- To respond to your inquiries, fulfill your requests, complete your purchases, and provide you with related customer service.
- 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.
- To personalize your experience on the Site by presenting products and offers tailored to you, and to facilitate social sharing functionality.
- To personalize your use of the Equipment by customizing workouts or other content.
- To facilitate social sharing functionality that you choose to use.
- 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.
- For our 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.
Disclosure of Personal Information
Your Personal Information may be disclosed:
- To our third party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing and other services.
- To allow third parties to offer or provide you goods and services through the Equipment.
- To third-party sponsors of sweepstakes, contests and similar promotions.
- By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials. Please note that any information you post or disclose through these services will become public information.
- To the owner of Equipment that you use, when you login to your account on Equipment that you do not own; in this case, the information shared with the Equipment’s owner may include your name, email, Equipment use history and metrics.
Other Uses and Disclosures
We may also use and disclose your Personal Information as we believe to be necessary or appropriate (a) to comply with applicable law, to respond to requests from public and government authorities, to cooperate with law enforcement, or for other legal reasons; (b) to enforce our terms and conditions; and (c) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others. We may use, disclose or transfer your information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. Other Information we may collect includes:
- Browser type and version
- Mobile application phone type, version, and OS
- IP address
- Application usage data
- Machine usage data
- Information collected through cookies, pixel tags and other technologies
- Demographic and other information provided by you that does not reveal your specific identity, or information that has been de-identified or aggregated in a manner that it no longer reveals your specific identity
- Application version
- Device identification number
- Connected peripheral information
- Motor data
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.
Collection of Other Information
We and our service providers may collect Other Information in a variety of ways, including:
- Through your browser or device: Certain information is collected by most browsers or automatically through your computer, mobile phone, or other device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, and Internet browser type and version. We use this information to ensure that the Site functions properly.
- App usage data: When you download and use the App, we and our service providers may track and collect data such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
- Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of Site users and email recipients, measure the success of our marketing campaigns and compile statistics about Site usage and response rates.
- IP Address: Your IP Address is a number that is automatically assigned to your computer, mobile device or Equipment by your Internet Service Provider. An IP Address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and, if applicable, the pages visited. We use IP Addresses for purposes such as calculating usage levels, diagnosing server problems, and administering the Services. We may also derive your approximate location from your IP Address.
THIRD PARTY SERVICES
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contacting Us” section below.
CHOICES AND ACCESS
If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out by clicking the unsubscribe link contained in each such email or by writing to us at firstname.lastname@example.org.
If you would like to update Personal Information that you have provided to us, you may contact us in accordance with the “Contacting Us” section below. You can also review and update certain Personal
Information by accessing your account settings for your user profile through the Equipment UI; this information includes your name, email address, height, weight, date of birth, and other user profile information such as images and videos you have uploaded to the Services.
If you are a resident of California, under 18 and a registered user of the Services, you may ask us to remove content or information that you have posted to the Services by writing to email@example.com. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.
USE OF SERVICES BY MINORS
The Services are not directed to individuals under the age of fifteen (15) and, we do not knowingly collect Personal Information from individuals under 15.
The Services are controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.