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Echelon aims to provide our customers with a positive experience, and we want you to know that your protection is important to us. We have taken all necessary steps in accordance with accepted industry practice to protect the security and privacy of our customers' personal information.
This policy also describes the choices available to you regarding our use of your personal information and how you can access and update this information. This policy applies where we are acting as a data controller with respect to the personal data of users of the Services; in other words, where we determine the purposes and means of the processing of that personal data.
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. If you believe that we may have personal information from or about a child under the age of 18 years old, please contact us (please include your name, mailing address, and email address). Note that we'll attempt to delete the account of any child under the age of 18 that's reported to us as soon as possible. You are responsible for any and all account activity conducted by a minor on your account.
In this policy, "we", "us," "our," and “Echelon” refer to Echelon Fitness Multimedia, LLC its affiliates, subsidiaries, successors, and assigns. For more information about us, see the last paragraph.
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. We are not responsible for the privacy practices of any entity that it does not own or control. We encourage you to review the privacy policies of such third parties before providing them with any personal information.
Information we collect
We may process data about your use of our Services ("Usage Data"). The Usage Data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the Usage Data is our analytics tracking system. This Usage Data may be processed for the purposes of analyzing the use of the Services. The legal basis for this processing is your consent in exchange for access to the Services OR our legitimate interests, namely monitoring and improving our Services.
We may process your account data ("Account Data"). The Account Data may include your name and email address. The Account Data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you.
We may process your information included in your personal profile on the Services ("Profile Data"). The Profile Data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. We may capture your visual image, likeness and voice recording (e.g., via photographs and/or video) if you visit our studios and/or showrooms, participate in live or web-based studio classes and/or call our member support or inside sales teams. We record and store member support and sales calls to train support and sales agents to help resolve member questions, for quality purposes and as required by law. Additionally, Echelon fitness equipment and Echelon applications may contain a camera, microphone and voice control features. These features are in use only when activated by you, for example, to take a user profile photo or to initiate or accept a video chat from another user. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services.
We may process your personal data that is provided during the use of our Services ("Service Data"). The Service Data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you.
We may process information that you post for publication on or through our Services ("Publication Data"). The Publication Data may be processed for the purposes of enabling such publication and administering our Services.
We may process information contained in any enquiry you submit to us regarding goods and/or Services ("Enquiry Data"). The Enquiry Data may be processed [for the purposes of offering, marketing and selling relevant goods and/or services to you.
We may process information relating to our customer relationships, including customer contact information ("Customer Relationship Data"). The Customer Relationship Data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The Customer Relationship Data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our Products and Services to customers.
We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our Services ("Transaction Data"). The Transaction Data may include your contact details, your card details and the transaction details. The Transaction Data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions.
We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("Notification Data"). The Notification Data may be processed for the purposes of sending you the relevant notifications and/or newsletters.
We may process information contained in or relating to any communication that you send to us ("Correspondence Data"). The Correspondence Data may include the communication content and metadata associated with the communication. Our Services will generate the metadata associated with communications made using the Services’ contact forms. The Correspondence Data may be processed for the purposes of communicating with you and record-keeping.
Notwithstanding any of the foregoing, we may only collect some of the information above for certain Services.
How we use your personal data
Fulfill, confirm and track your order,
Identify your product and service preferences,
Send product updates or warranty information,
Respond to inquiries and customer service requests,
Administer your account,
Improve our Services, product offerings, marketing and promotional efforts, and overall customer experience,
Prevent and detect fraud or abuse,
Debugging and repair Services and associated applications,
Conduct research and analysis to better understand our customer,
Display content based upon your interests,
Comply with legal or regulatory requirements,
We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice.
In addition to the specific purposes for which we may process your personal data set out in this Section, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Please do not supply any other person's personal data to us unless we prompt you to do so.
Providing your personal data to others
We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy. Information about our group of companies can be found at www.echelonfit.com.
We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
We may disclose personal information to our suppliers, vendors, or subcontractors insofar as reasonably necessary to process your business with us.
Financial transactions relating to our Services are or may be handled by our payment services providers. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at www.echelonfit.com and/or on the payment service providers’ respective websites.
We, or the third-party service providers we use to assist us with marketing our own products and Services to you, may use the information we collect from you to provide advertisements and offers for our other products. We may share information with Facebook or SnapChat in a manner that allows us to create Custom or Lookalike Audiences. You may learn more about Facebook Lookalike Audiences at https://www.facebook.com/business/help/164749007013531 and Snapchat Audiences at https://support.snapchat.com/en-US/a/advertising-preferences. Additionally, we may share certain information, including app events, with Facebook or other advertising partners that provide us with optimization services for our advertising. You can learn more about how to opt out of having such activity sent to Facebook at https://www.facebook.com/help/2207256696182627 and https://www.facebook.com/off_facebook_activity/. We may also use Google Ads to advertise our products. When you view or click on an ad on a website or app, tracking technology may be set by Google to help better provide advertisements that may be of interest to you. You may opt-out of the use of this tracking technology by visiting Google’s Advertising and Privacy page: www.google.com/privacy_ads.html. Additionally, we may obtain your information in connection with a contest, sweepstakes, event, offering or other promotional activity that is jointly offered by us and any third parties. By entering such contest or sweepstakes, you authorize and direct us to share your information with our co-sponsor. We may also share your information with a third-party service provider who administers the promotion, contest and/or sweepstakes. We may also share aggregate information to third party providers and platforms that help us understand our user demographic, including user demographic interests, habits and usage patterns for certain of our Services so that we may market our products more effectively.
In addition to the specific disclosures of personal data set out in this Section, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
Except as provided herein, we may retain your personal information for the longer of (a) the maximum extent allowable by law after we become aware that you have ceased using our Services or (b) for so long as we have a legitimate business need for the information or to fulfill any legal and regulatory obligations. We may retain other information that is not personally identifiable for backups, archiving, prevention of fraud and abuse, analytics, or where we otherwise reasonably believe that we have a legitimate reason to do so.
In this Section, we have summarized the rights that you have under data protection law. Some of the rights are complex, and not all the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
Your principal rights under data protection law are:
the right to access;
the right to rectification;
the right to erasure;
the right to restrict processing;
the right to object to processing;
the right to data portability;
the right to complain to a supervisory authority; and
the right to withdraw consent.
You have the right to confirmation as to if we process your personal data and, where and how we access your personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data upon request. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee. You can access your personal data by using the Services when logged in.
You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defense of legal claims.
In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defense of legal claims; and if you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defense of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defense of legal claims.
You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
To the extent that the legal basis for our processing of your personal data is:
your consent; or
that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,
and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
If you believe that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
To the extent that the legal basis for our processing of your personal information is your consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
For your protection, we may require proof and verification of identity and jurisdiction of residency before we can answer the above requests. If you wish to make such a request, you may contact us at the applicable mobile application support email indicated in the Services. 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. Once we have verified that you own the account, we will honor such requests at our discretion and in accordance with applicable law.
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.
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 at email@example.com. Opting out of newsletters and marketing emails will not affect communication via email or telephone relating to your orders.
Notwithstanding any of the foregoing, when we enable you to create a profile, and share information such as messages, photos, and videos with others, we cannot control the actions of others with whom you may choose to share your pages and information.
Nevada residents have the right to opt out of the sale of certain "covered information" collected by operators of websites or online services.
Additional rights for residents of the European Economic Area (EEA) and the State of California are further set forth below.
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
Cookies and Other Tracking Technologies
We collect the information we mentioned in the previous paragraphs through the use of various technologies, including cookies. A cookie is a piece of data that a web site or web-based application can send to your browser, which is then stored on your computer as an anonymous tag that identifies your computer, and in some cases, you.
We receive data from the various devices you use to access our Services. This may include location and IP information, device ID information, the pages within our site that you visit, or the type of browser you are using. We may even receive GPS information from your device so we can provide you location-based services.
In addition to cookies, such other technologies may include: "pixel tags" (also known as a "clear GIFs" or "web beacons") which are tiny images (in most cases, typically just one-pixel) that can be placed on a web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages; and "HTML5" (the language some websites, such as mobile websites are coded in) may be used to store information on your computer or device about your website usage activities and to help determine how our Services are being used by our visitors, how the services can be improved and to customize our Services for our users. Web browsers may offer users of our Services the ability to disable receiving certain types of cookies; however, if cookies are disabled, some features or functionality of our Services may not function correctly. The “help” menu on most internet browsers contains information on how to disable cookies, or you can visit www.aboutcookies.org/how-to-control-cookies/. The above tracking technologies may be deployed by us or our service providers on our behalf.
Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
Blocking all cookies will have a negative impact upon the usability of many websites.
If you block cookies, you will not be able to use all the features on our website.
Do not track disclosures
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. 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.
How we protect your information
The security of your personal information is important to us. When you enter sensitive information (such as credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). You can log in to our site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign-up form. Services like Facebook Connect give you the option to post information about your activities on this Websites to your profile page to share with others within your network.
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
We use various efforts intended to safeguard the security and integrity of personal information collected through our Services. Despite these measures, however, we cannot and do not guarantee that information will be absolutely safe from interception or intrusion during transmission or while stored on our system, or otherwise, and you provide information to us at your own risk. If you correspond with us by email, text message or using web forms like a "contact us" feature available through our Services, you should be aware that your transmission might not be secure from access by unauthorized parties. We have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission. If you create an account as part of using our Services, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. Please notify us of any unauthorized use of your password or account. If we believe that the security of your personal information in our care may have been compromised, we may seek to notify you. If we have your email address, we may notify you by email to the most recent email address you have provided us in your account profile. Please keep your email address in your account up to date. You can change that e-mail address anytime in your account profile. If you receive a notice from us, you can print it to retain a copy of it. To receive these notices, you must check your email account using your computer or mobile device and email application software. We may also post a conspicuous notice on our site or notify you through the mobile application. You consent to our use of email, text message and/or notification through the app as a means of such notification. If you prefer for us to use the postal service to notify you in this situation, please let us know by submitting your request here. You can make this election any time, and it will apply to notifications we make after a reasonable time thereafter for us to process your request. You may also use this email address to request a print copy, at no charge, of an electronic notice we have sent to you regarding a compromise of your personal information.
Information for Individuals in the European Economic Area (EEA)
If you require assistance or have a specific request that is not presently covered by our product features, please contact our Data Protection Officer. We may require additional information from you to fulfil your requests. We may charge a reasonable fee if your request imposes an unreasonable cost. We will afford UK-based users with all rights available to EU users, regardless of the UK’s EU member status.
As a resident of the EEA, you may have some or all of the following rights in relation to how we use your personal information:
If you are a resident of the EEA and you wish to access, change or delete personal information we hold about you, you may contact us by completing an 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. For your protection, we may require proof of identity and verification before we can answer the foregoing requests.
Legal basis for processing data:
In some cases, we have a legitimate interest to process the personal information that we collect, such as to develop, administer and support our products and services; to operate, evaluate and improve our business; to facilitate and manage engagement programs; to promote research; to support our recruitment activities; or to facilitate a corporate transaction (including a sale of assets or merger or acquisition).
In other cases, we process personal information to fulfill our contracts with business partners, such as third parties that distribute our products. It may also be necessary for us to process personal information to establish, exercise or defend against fraud, illegal activity, and claims and other liabilities, including by enforcing the Terms and Conditions that govern the Services we provide. Our processing of certain information may be necessary to comply with our legal obligations, and for reasons of public interest, such as with respect to adverse events and product safety reporting. We may also process personal information as specifically permitted by applicable legal requirements. If we rely on consent for the processing of your personal information, we will seek such consent at the time we collect your personal information.
International data transfers:
Residents of the EEA or the UK may submit a request through the GDPR Request Form.
Information for Residents of California
Access to Information and Data Portability Rights:
You have the right to send us a request, no more than twice in a twelve (12) month period, for any of the following for the period that is twelve (12) months prior to the request date: the categories of personal information we have collected about you; the categories of sources from which we collected your personal information; the business or commercial purposes for our collecting or selling your personal information; the categories of third parties to whom we have shared your personal information; the specific pieces of personal information we have collected about you; a list of the categories of personal information disclosed for a business purpose in the prior 12 months, or that no disclosure occurred; and a list of the categories of personal information sold about you in the prior 12 months, or that no sale occurred.
If we sold your personal information, we will explain: (a) the categories of your personal information we have sold; and (b) the categories of third parties to which we sold personal information, by categories of personal information sold for each third party. You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your personal information that we have collected in the period that is 12 months prior to the request date and are maintaining.
Data Deletion Rights:
Except to the extent we have a basis for retention under CCPA, you may request that we delete your personal information that we have collected directly from you and are maintaining. Note also that we are not required to delete your personal information that we did not collect directly from you.
Exercising Your Rights:
To make a request for access, portability, or deletion according to your rights under CCPA, residents of California may submit a request through the CCPA Request Form. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. We cannot respond to 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. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). The Verifiable Consumer Request must: (a) provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and (b) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response. We will make commercially reasonable efforts to identify Consumer personal information that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your personal information as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
We may update this policy from time to time by publishing a new version across our Services.
You should check this page occasionally to ensure you are happy with any changes to this policy.
We will notify you of changes to this policy by email or through the private messaging system on our Services.
E.U. residents also have the right to lodge complaints with the data protection authority of their country of residence.
This website is owned and operated by Echelon Fitness Multimedia, LLC.
We are registered and our registered office is at 6011 Century Oaks Drive, Chattanooga, TN 37416.
You can contact us: by post, to the postal address given above; using our website contact form; by telephone, on the contact number published on our website from time to time; or by email, using the email address published on our website from time to time.
Data protection officer:
Our data protection officer's contact details are: firstname.lastname@example.org
EEA GDPR FORM