Effective Date: January 1 2020
At Primo Fitness, we respect your concerns about privacy and value our relationship with you.
PERSONAL INFORMATION WE COLLECT
Information You Provide
Information We Collect Using Cookies and Other Technologies
PURPOSES AND LEGAL BASIS FOR PROCESSING INFORMATION
PERSONAL INFORMATION WE SHARE
LINKING SOCIAL NETWORK ACCOUNTS
LINKS TO OTHER WEBSITES
HOW WE PROTECT PERSONAL INFORMATION
YOUR RIGHTS – ACCESS & CORRECTION
RETENTION OF PERSONAL INFORMATION
HOW TO CONTACT US
NOTICES AND RIGHTS FOR CALIFORNIA CONSUMERS
California Consumer Privacy Act
Notice at Collection of Personal Information
Right to Know about Personal Information We Collect, Disclose, or Sell
Right to Deletion of Personal Information
No Sales of Personal Information
Designating an Authorized Agent
How to Make a Verifiable California Consumer Request
How We Will Respond to a California Consumer Request
Protection from Discrimination for Exercising California Consumer Rights
Financial Incentive Programs
California “Shine the Light” Law
Rights of California Residents Under Age 18
We collect personal information including your name, address, telephone number, employer, email address, site password, demographic information, health information or financial information when you visit the Sites, create an account with us, or register a product or purchase with the Sites. Some of our sites also offer you the option to interact with, capture, or save information through the Sites such as photos or forum posts.
We collect information through cookies and beacons on our Sites including your IP address, how you use the Sites, and what you have searched for and viewed with the Sites. The information automatically collected will be associated with other personal information we have collected about you. We also automatically collect information about the devices you use to interact with our Sites including your device identifier, web browser, and precise geolocation (with your knowledge and consent).
Additional ways in which personal information is collected and processed are as follows:
Precise Geolocation Information. We may offer products and services that require us to collect your precise geolocation. In such instances, you may be required to allow Primo Fitness to collect your precise geolocation, with your knowledge and consent, to provide you with that product or service. If you choose not to provide us with your precise geolocation information, these products and services will not function properly and we will not be able to provide them to you.
We will also use this precise geolocation information for analytics purposes and will share your precise geolocation information with certain third parties, including but not limited to dealers and parties who provide targeted advertising and analytics services.
Information Request. If you request information about our products (e.g., order a brochure, a catalogue, or a magazine), we will ask you to provide personal information and details, such as your name, email address, telephone number, intended use of the relevant product, interests, etc. You may choose to provide additional comments and requests. We, or the authorized dealer in your area, will use your details to send you the information you request and may use this information to communicate with you in the future about our products or services.
Newsletters and Other Communications. We may offer online or offline newsletters and other communications about our products, services and promotions. When you sign up to receive these communications, we ask you for personal information, such as your name, postal address and email address. We, or the authorized dealer in your area, will use the information to send you the communications you request and to communicate with you about our products and services.
Feedback, Surveys, or Contests. We may offer you the opportunity to participate in online surveys, solicitations, or contests. Information we request includes contact information (such as e-mail address) and demographic information (such as number of family members and income ranges). Participation in surveys, solicitations, or contests is completely voluntary. Therefore, you have a choice as to whether to disclose any information. We, our business partners, or the authorized dealer in your area, will use the information provided to notify contest winners and award prizes, to monitor or improve the use of one or more websites or advertising, and to provide aggregated information for marketing analyses.
Solicitations may take the form of mailings via U.S. mail; other couriers; or (if provided) email.
Owner’s Programs or Rewards Programs. From time to time, we may offer customer programs, reward programs, or coupons and request contact information and information on your product purchases, so that we can enroll you in these programs and communicate with you.
Most web browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all the features and functionality of the Sites.
IP Addresses. An IP address is a unique identifier that certain electronic devices use to identify and communicate with each other on the Internet. When you visit our website and/or app, we view the IP address of the device you use to connect to the Internet. We then use this information to determine the general physical location of the device and understand the general locations of our website visitors. We also use this information to enhance our website and/or app.
The information we collect is processed for the following purposes:
- To serve the functions of the Sites;
- To manage everyday business needs, such as administration and improvement of the Sites;
- To analyze the Sites’ performance and functioning;
- To analyze how you use the Sites and to perform other market research;
- To provide information and communicate with you about our products and services;
- To provide you with advertisements based on your interests;
- To provide you with information about financial options for the purchase of our products;
- To facilitate your interaction through our Sites with other consumers, including through social networking; and
- To send you further notices, promotions, solicitations, brochures, or other marketing materials regarding our Sites, our products, and the services of our businesses, affiliates, business partners, or authorized dealers.
Primo Fitness processes this information where we have a legal basis to do so. The legal basis that we will rely on will be one of the following:
- You have consented to our processing your personal information;
- The processing is necessary to perform a contract with you or to fulfill a request you have made;
- The processing is necessary to comply with a legal obligation that applies to Primo Fitness under US, EU or Member State or other applicable law; or
- The processing is necessary for purposes that are in Primo Fitness’ legitimate interests as a multinational equipment manufacturer and retailer in order to, for example, protect our business and better understand our customers.
We may use your personal information to develop a personal profile about you. We may use the personal information in your profile to respond to requests for financial options for purchasing products and services from us and to contact to you for marketing purposes.
If you notify us that you do not wish to be contacted for marketing purposes, we will not send you marketing information.
Our Sites collect personal information about your online activities over time and across third party websites or online services.
We share the information you provide with affiliates, sales representatives or authorized dealers in your area, and other business partners. They may use your information to communicate with you about their products and services, and to send you further notices, promotions, solicitations, or brochures, and other marketing materials regarding our website, our products, and the services they provide. With your knowledge and consent, we will also share your precise geolocation with third parties, including but not limited to dealers and parties who provide targeted advertising and analytics services.
We also share your information with third parties who perform services and functions on our behalf to support our interactions with you including, for example, providing our products and services, administering surveys or contests, hosting product reviews, or communicating with you. These third parties are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.
In addition, we will disclose information about you:
- If we are required to do so by law or legal process;
- To law enforcement authorities or other government officials;
- When we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity;
- If this is necessary to protect the vital interests of a person;
- To protect our property, services and legal rights;
- To prevent fraud against Primo Fitness, our Sites, our affiliates, business partners, or authorized dealers;
- To support auditing, compliance, and corporate governance functions; or
- To comply with applicable laws.
We reserve the right to disclose and transfer all information related to our Sites, including personal data, to a subsequent owner, co-owner or operator of one or more of the Sites or in connection with a corporate merger, consolidation, or restructuring, the sale of substantially all of our stock and/or assets, or other corporate change, including, without limitation, during the course of any due diligence process.
Our Sites may provide links to other websites for your convenience and information. These websites may operate independently from our Sites. Linked websites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not part of this website, we are not responsible for their content, any use of the websites, or the privacy practices of any of those websites.
We maintain reasonable security procedures and practices appropriate to the nature of the personal information we collect to protect against loss, misuse or unauthorized access, disclosure, alteration or destruction of the information you provide when visiting or using the Sites. Despite our efforts to safeguard your personal information, we cannot guarantee it will be completely secure from unauthorized access, disclosure, use, or alteration. In particular, there is always a risk inherent in the electronic transmission and storage of information. To protect the security of your user name and password, we recommend that you use a complex password that is different from passwords you use for other activities, keep all your passwords in a safe place, and do not share your passwords with others. Always remember to logout after your session ends so that that other people cannot access your account information.
Our Sites are general audience Sites not directed at children under the age of 13. If we obtain actual knowledge that any information, we collect has been provided by a child under the age of 13, we will promptly delete that information.
YOUR RIGHTS – ACCESS & CORRECTION
You have the right to request access to the personal information we have collected about you for the purposes of reviewing, modifying, or requesting erasure of the information. You also have the right to request a copy of the information we have collected about you. In certain situations, you may also request that we restrict or cease processing your information.
If you would like to make a request to access, review, or correct the personal information we have collected about you, please contact us by emailing us at email@example.com or through one of the methods in the “How to Contact Us” section, below.
To help protect your privacy and security, we will take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your information.
You will be notified of any actions taken on your personal information in response to a request submitted for modification, deletion, or restrictions on the processing of your personal information.
When data processing is based on your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before such withdrawal. You also have a right to data portability when the data processing is based on a contract between you and Primo Fitness and the data was processed by automated means. You may exercise these rights by submitting a written request to to firstname.lastname@example.org. Primo Fitness will respond to your request within one month.
You have the right to lodge a complaint with the appropriate privacy or data protection regulator in your jurisdiction.
Primo Fitness retains all personal information for the duration of the relevant business relationship or, where required, in accordance with its information management policies and schedules. When deleting personal information based on a request by the data subject, Primo Fitness will make reasonable attempts to ensure that all instances of the information are deleted in their entirety. For requests for access, corrections, or deletion, please refer to the “Your Rights – Access & Correction” section of this policy.
Primo Fitness maintains documentation, including a data processing activity register, to demonstrate compliance with its obligations and to allow audits, including inspections, to be carried out by Primo Fitness or another auditor it has mandated, and to participate in such audits.
Attn: Customer Service
1909 S Susan Street, Santa Ana, CA 92704
If you would like to make a request to access, review, or correct the personal information we have collected about you, update your preferences, have your information removed from our mailing lists, or no longer receive marketing e-mails resulting from information collected, you may do so by:
- Adjusting the settings in an account you created through the Sites;
- Unsubscribing via the links contained in emails from us; or
- Contacting us at email@example.com.
Notices and Rights for California Consumers
PURPOSES AND LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION
PERSONAL INFORMATION WE SHARE
The chart below summarizes the categories and specific pieces of information Primo Fitness may have obtained about you during the past twelve (12) months, depending on the nature and scope of our interactions with you.
SPECIFIC PIECES OF PERSONAL INFORMATION COLLECTED IN THE PAST 12 MONTHS
|Consumer information||Credit/debit card information if provided to complete a transaction.
|Commercial information||Transaction history with Prim Fitness and affiliates for products and services purchased.
Credit reports if providing financing for purchase
|Recordings of voicemails
Recordings of customer service calls
|Internet and other electronic network activity||Forms completed online; browsing history, search history
Interactions with the Sites, Halo application, and advertisements.
Electronic communications (e-mail)
Posts on online forums
|Geolocation data||Precise geolocation is collected with your consent in order to provide certain products and services you request. General location information may be derived from IP addresses and mobile device data.|
|Customer or household profile information||Profile of customer preferences, needs, and interests; geographic location; budget; family composition and age ranges.|
Right to Know about Personal Information We Collect, Disclose, or Sell
California consumers have the right to request any of the following information regarding personal information collected by Primo Fitness about the consumer or the consumer’s household during the last twelve (12) months (“Right to Know”):
1. The categories of personal information we collected.
2. The categories of sources from which the personal information is collected.
3. The business or commercial purpose for collecting or selling personal information.
4. For personal information sold or exchanged for value with a third party: categories of personal information and categories of third parties.
5. For personal information disclosed to a third party for a business purpose: categories of personal information; and categories third parties.
6. The specific pieces of personal information collected about you (except for very sensitive personally identifiable information, which we will describe but not transmit).
The process by which we verify and respond to your requests is explained below under “How to Make a Verifiable California Consumer Request” and “How We Will Respond to a California Consumer Request.” You may submit a Right to Know request to firstname.lastname@example.org.
California consumers have the right to request that a business delete any personal information about the consumer which a business has collected from the consumer, subject to a range of exclusions permitted by law (“Right to Delete”). For example, business is not required to delete personal information if it is necessary to complete a transaction, is reasonably used for an ongoing business relationship, or is used internally in a lawful manner that is compatible with the context in which the consumer provided the information.
Once we receive and verify your request, we will separately confirm your request and follow appropriate procedures to verify the identity and authority of the person submitting the request. If the Right to Delete request is confirmed and verified, we will delete (and direct our service providers to delete) the requested personal information from our records, unless an exclusion applies. If we are unable to fulfill all or part of your request, we will let you know why (for example, if we have a permitted reason to retain certain information if the identity of the requesting person cannot be verified).
The process by which we verify and respond to your requests is explained below under “How to Make a Verifiable California Consumer Request” and “How We Will Respond to a California Consumer Request.” You may submit a Right to Delete request to email@example.com.
Designating an Authorized Agent
California consumers may designate an authorized agent to act on their behalf to submit a Right to Know or Right to Delete request, or (if applicable) a request to opt-out from the sale of their Personal Information. An authorized agent may be a natural person or a business entity registered with the Secretary of State. An authorized agent must also submit to the Primo Fitness written proof of their authorization to act on the consumer’s behalf.
California consumers may submit a request to exercise any of their rights described above using any of the following methods:
By phone: 1-714-957-2765
By email: firstname.lastname@example.org
By postal mail: 1909 S Susan Street, Santa Ana, CA 92704
Please note that in order for us to verify certain requests (including verification of your identity, California residency, and – for requests made on behalf of someone else – your relationship with the individual on whose behalf the request is being made), you may be required to confirm information that we have on file for you; including email address, phone number, full name, address and other personal information. We reserve the right to deny a consumer request if the identity or authority of the requesting party cannot be confirmed.
We will confirm receipt of your Right to Know or Right to Delete request within ten (10) days and may request additional information necessary to verify that you are permitted to make the request. We will respond to any verifiable consumer request within forty-five (45) days of receiving it, subject to delays and exclusions permitted by law. If we require more time to respond, we will let you know the reason why and the extension period in writing. If you have a password-protected online account with us, we will respond via that account. If you do not have an online account, we will use the email address or U.S. Postal address you provided to us when making the request.
For a Right to Know request, our response will cover the twelve (12) month period preceding our receipt of the request. If we cannot comply with all or part of your request, we will explain the reasons why. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information readily from one entity to another entity.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
California consumers have a right not to receive discriminatory treatment by the business for exercising the privacy rights conferred by the California Consumer Privacy Act. As such, we will not discriminate against a California consumer for exercising any of the rights described in this section. This means that except as legally permitted we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
We are permitted to offer certain financial or service incentives to encourage consumers to provide certain financial information. If we offer a financial or service benefit program to you, we will provide a written description of the material terms of the program to you in a written Notice of Financial Incentive, and you will only be enrolled as a participant if you affirmatively opt-in to the program. You may revoke your opt-in consent at any time. The Notice of Financial Incentive will explain the process for opting-in to participate and withdrawing from the program (opting-out) in.
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by us to third parties for the third parties’ direct marketing purposes within the immediately preceding calendar year. We will provide you with a list of the categories of personal information disclosed and a list of the names and addresses of the third parties. To make such a request, please send an email including evidence of residency in California to email@example.com.
Rights of California Residents Under Age 18
Some of the Sites provide the opportunity for you to publicly post content. If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to firstname.lastname@example.org. Please include evidence of residency in California, and age of requester.