- What Personal Information We Collect. Zeno Gym may collect information that identifies, relates to, describes, or could reasonably be linked, directly or indirectly, with you (referred to herein as “personal information”). The personal information we may have collected or will collect from you in the past 12 months include without limitation: Identifiers – For example, your real name, alias, account name, online identifier, Internet Protocol Address, unique identifiers, email address, birthdate, postal address, phone number, or other similar identifiers. Our web servers automatically collect unique identifiers that can be used to recognize you or your device, including without limitation your domain name, Internet Protocol address, beacons, pixel tags or other device and mobile identifiers or similar technology.
- Payment Data – For example, your credit card information, billing address or any financial information you provide in connection to your purchase of our products.
- Commercial Information - For example, our products and subscriptions you purchased, obtained or considered and other purchasing or consuming histories or tendencies.
- Internet or Other Electronic Network Activity Information – For example, your browsing history, search history, and any other information regarding your interaction with our websites, advertisements, or third party applications.
- Audio and Visual Information – For example, photos or video recordings that you voluntarily provided us or voice recordings when you call customer service.
- Inferences Drawn From Other Personal Information – For example, your profile reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.
- Other Categories of Personal Data that Relates to or is Reasonably Capable of Being Associated With You - For example, the messages you send us via social media websites, networks or other services that host user-generated content (e.g., your comments to our Instagram or Facebook posts or when you tag or otherwise link us in your social media posts).
- Data About Others – For example, personal information of individuals for whom you refer us to or purchase an item or gift for, such as their real name, email address, phone number, and postal address. Please do not share personal information of other individuals with us unless you have their permission to do so.
How We Collect Your Personal Information. Zeno Gym collects your personal information from a variety of sources, including without limitation from you directly, your friends or family, social media platforms and networks, and our third party service providers, vendors and affiliates. Some ways we collect personal information include, without limitation, when you:
- Create an account on our websites.
- Sign up for our mailing list and/or texting list.
- Purchase or return our products.
- Use or subscribe to our Service (i.e., through our browser cookies, web beacons, third party software, and other similar technology).
- Voluntarily complete a survey or send us messages or other content regarding feedback, product reviews and inquiries relating to our Service, products, marketing material, and other advertisement and collaboration proposals.
- Voluntarily disclose personal information to us or our service providers.
- Voluntarily comment or provide any type of content through our Service or social media posts hosted by third-party platforms or when you tag or otherwise link us on your social media posts.
- Interact with other third parties (e.g., our service providers) and provide your consent for them to share your personal information with us.
How We Use Your Personal Information. Zeno Gym collects and uses your personal information for various business and commercial purposes, including without limitation:
- Fulfilling the reason(s) you provided the information (e.g., if you share your personal information to make a payment, we will use that information to process your payment).
- Performing services on behalf of a business or service provider, including without limitation providing customer service, processing transactions, verifying customer information, or processing payments, or other similar services.
- Auditing related to customer interactions.
- Detecting security incidents, protecting you against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
- Debugging to identify and repair errors that impair existing intended functionality.
- Undertaking short-term, transient use, where the personal information is not disclosed to another third party and is not used to build a profile about a customer or otherwise alter an individual customer’s experience outside the current interaction.
- Undertaking activities to verify or maintain the quality of a service or device that is owned, made by or for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, made by or for, or controlled by us.
- Undertaking internal research to improve our products, Service, customer outreach, promotions and general operations.
- Communicating with you regarding our Service, payments, alerts, updates, and other administrative messages.
- Operating our mailing list and texting list (if applicable).
- Helping to establish and verify the identity of users and complying with all applicable laws and regulations.
- Pursuing legal matters.
- Re-posting content voluntarily provided by you on our websites or on social media networks, platforms, or other user-generated content providers’ website not operated by Zeno Gym for our marketing purposes.
- Creating promotional videos or other marketing materials from pictures, images, drawings, audio, videos or other content you submitted or shared with us.
- Fulfilling any other business or commercial purposes at your direction or with your consent.
Who We Share Your Personal Information With. We may disclose information we collect about you with other third parties, including without limitation:
- Service Providers - Zeno Gym shares information with third parties that help us with maintaining and operating our Service and general business. Our service providers include without limitation our payment processors, IT vendors, advertising network providers, internet service providers, data analytics providers, and operating systems and platform providers. These third parties may only use such information to perform specific services that we have contracted them for and may not use it for any other purpose, although we may permit them to use aggregate information which does not identify you or de-identified data for any purpose except as prohibited by applicable law.
- Affiliates - We may share information with our related entities including without limitation our parent, subsidiaries and sister companies, or to their employees, agents, contractors, representatives, legal counsel and/or accountants, for: operational, management and administrative purposes; internal audit, legal, regulatory, security, insurance, financial, processing and other similar purposes; or as otherwise permitted or required by law.
- Social Networks – We may share certain information and content with social networking services and platforms. For example, when you tag or otherwise link us on your social media posts, we may decide to repost such content on our own social media accounts and website.
- Third Parties in Connection with a Merger, Acquisition or other Business Transaction - We may share information if Zeno Gym is involved in a merger, acquisition, sale of all or a portion of its assets, financings, joint ventures, reorganizations, dissolution, liquidations, or other event where we sell or transfer all or a portion of our business assets or equity. We will not provide you with notice before disclosure in such cases.
- Third Parties for Security and Compelling Disclosure Purposes - Zeno Gym must disclose information about you in response to lawful requests by public authorities, including but not limited to meet national security or law enforcement requirements. We may share information about you in connection with legal requirements, such as in response to an authorized subpoena or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, or investigate fraud. Such disclosures may be carried out without notice to you.
- Third Parties that You Direct Us to Share With - We share information at your request or direction, such as when you purchase a gift for an individual and direct us to send it to a certain recipient. We may also share your information with those that you have consented or directed us to share your information with.
- Cookies and Other Similar Technology. Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies, web beacons, third party software development kits, and other similar technology. You can set your browser not to accept cookies, however, in a few cases, some of our websites features may not function as a result. For further information, visit allaboutcookies.org.
- Report, in aggregate, how our visitors find and use our websites;
- Understand overall visitor behavior;
- Update and improve our websites and application; and
- Process your orders and other requests.
- Security and Storage. We believe our Service incorporates safeguards to protect the security, integrity, completeness, accuracy, and privacy of the personal information we have collected. We have put in place reasonable precautions to protect information from loss, misuse, and alteration. However, despite our efforts, please be aware that no security measures are perfect or impenetrable and we cannot guarantee that the information you transmit or provide to us will be completely secure.
We will retain your personal information for as long as needed to provide you with our Service and products (e.g., as long as you have an online account with us) or as needed to fulfill our own obligations, such as preventing fraud, meeting regulatory requirements, resolving disputes, improving our services or maintaining security, and in each case, as consistent with applicable law. We may retain non-personal information that has been sufficiently aggregated or anonymized for a longer period.
- Children. Our websites are intended for general audiences and are not directed to children under 18. We do not knowingly collect personal information from children under 18. If you become aware that a child has provided us with personal information without parental consent, please contact us at email@example.com. If we become aware that a child under 18 has provided us with personal information without parental consent, we will take reasonable steps to remove such information and terminate the child’s account (if applicable).
Your Choices You Have Over How Your Information is Used. In this section, we describe the rights and choices available to all users.
- Review and Update Your Account Information - If you registered for an account with us, you may review, update, or delete certain personal information in your account by logging into your account and editing your profile information.
- Opt Out of Marketing Communications -You may opt out of our mailing list and texting list by following the opt-out or unsubscribe instructions located at the bottom of our emails or texting us STOP. You may continue to receive service-related and other non-marketing emails (e.g., confirmation emails regarding your online orders).
- Cookies - Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. Note that disabling cookies and/or other tracking tools may prevent Zeno Gym or its service providers from providing you certain features of our websites.
- Advertising Choices - Your device settings may provide functionality to limit use of advertising ID associated with your device for interest-based advertising purposes. Additionally, you can manage third-party advertising preferences for some of the third parties we work with that serve advertising across the internet by using the choices available at http://www.networkadvertising.org/managing/opt_out.asp and www.aboutads.info/choices. We do not guarantee that all of the third parties we work with will honor the elections you make using those options, but we strive to work with third parties that do.
- Choosing Not to Share Your Personal Information - If you do not provide information that we need to provide you with our Service and products, we may not be able to provide you with certain Service and products or provide you access to certain features of our Service. For example, if you do not provide us with your payment information then we will not be able to process your orders for products.
- Third Party Platforms or Social Media Networks - We encourage you to review your privacy options and settings of third party platforms that you use in connection with our Service, including without limitation social media platforms and networks. We recommend you understand what choices you have about sharing information from those platforms and networks with us.
- California Residents: Your California Privacy Rights. California residents have specific rights regarding their personal information as described below. These rights are subject to certain exceptions. When required, we will respond to most requests within 45 days, unless it is reasonably necessary for us to extend our response time.
- Right to Know About personal information That is Collected or Disclosed - You have the right under the California Consumer Privacy Act (“CCPA”) to request that we disclose certain information regarding our practices with respect to your personal information. If you submit a valid and verifiable request and we confirm your identity and/or authority to make the request, we will disclose to you any of the following at your direction:
- The categories of personal information we have collected about you in the last 12 months.
- The categories of sources for the personal information we have collected about you in the last 12 months.
- Our business or commercial purpose for collecting personal information.
- The categories of third parties with whom we share personal information.
- The specific pieces of personal information we collected about you.
- If we disclosed your personal information to a third party for a business purpose, a list of the personal information types that each category of recipient received.
- Right to Request Deletion of personal information - You have the right under the CCPA to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. If you submit a valid and verifiable request and we can confirm your identity and/or authority to make the request, we will delete all information that we are not allowed to maintain under applicable law.
- How to Exercise the Above Rights - To exercise your rights discussed described above, please submit a verifiable consumer request by contacting us. You may make a verifiable consumer request no more than two times within a 12-month period. The verifiable request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Such verification process will involve you confirming at least three pieces of personal information we have collected about you, and will increase in scope in the event the nature of your request relates to the disclosure of sensitive personal information or the deletion of any personal information;
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it; and
- Include a statement that you “declare under penalty of perjury that you are the person about whom the Right to Know/Delete request has been made.”
- Right to Appoint an Authorized Agent - You are also permitted to designate an authorized agent to submit the above requests on your behalf. For an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity according to the above method before processing the authorized agent’s request.
- Right to Non-Discrimination for Exercising Privacy Rights - You may exercise your rights under the CCPA without discrimination. However, if you choose not to provide us with certain information, our ability to provide you with certain Service may be hindered, or in some cases, may bar us completely from providing them.
- Notice of Financial Incentive - We may offer price discounts, coupons, services and other perks for members of our mailing list and our texting list (collectively “Programs”). Through these offerings, we typically ask customers to provide their name and contact information (such as email address and/or telephone number) when they opt-in to our Programs by voluntarily signing up for such programs on our website or mobile application. There is no obligation to opt-in and consumers may opt-out at any time. No purchase is required to participate in our Programs. To the extent California law requires that a value be assigned to such Programs, or the price or service differences they involve, Zeno Gym values the personal information collected and used under each program as being equal to the value of the discounts or other financial incentives provided in each such program, based upon a practical and good-faith effort to assess on an aggregate basis for all collected information: (1) the type of personal information collected in each program (e.g., email address), (2) the use of such information by Zeno Gym in connection with its marketing activities, (3) the range of discounts provided, (4) the number of individuals enrolled in respective Programs, and (5) the products for which the benefits (such as price difference) can apply. These values can change over time. Note that this description is without waiver of any proprietary or business confidential information, including trade secrets, and it does not constitute any representation with regard to generally accepted accounting principles or financial accounting standards.
- Sale of Personal Data - We do not believe that we sell your personal information as defined under the CCPA and we will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law.
- Direct Marketing and Do Not Track Signals - Under California’s “Shine the Light” law, California residents may request and obtain a notice once a year about the personal information we shared with other businesses for their own direct marketing purposes. Such a notice will include a list of the categories of personal information that were shared (if any) and the names and addresses of all third parties with which the personal information was shared (if any). The notice will cover the preceding calendar year. To obtain such a notice, please contact us as described below. In addition, under this law you are entitled to be advised how we handle “Do Not Track” browser signals. ASI does not personally track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party websites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such websites, most web browsers (like Safari) allow you to set the DNT signal on your browser so third parties (particularly advertisers) know you do not want to be tracked.
- Nevada Residents: Your Nevada Privacy Rights. Nevada law requires website operators to provide a way for Nevada consumers to opt-out of the sale of certain information that the website operator may collect about them. Zeno Gym does not “sell” your personal information to third parties as defined in Nevada law, and will not do so without providing you with notice and an opportunity to opt-out of such sale as required by law. If you have any questions regarding our data privacy practices or our compliance with Nevada data privacy law, please contact us via the methods set forth below in the section entitled “How to Contact Us.”
- Geographic Restrictions. We may limit the availability of our Service to any person or geographic area at any time. If you access our Service from outside the United States, you do so at your own risk.
IF YOU ARE A USER ACCESSING OUR SERVICES FROM ANY OTHER COUNTRY WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE AND DISCLOSURE THAT DIFFER FROM THE LAWS OF THE UNITED STATES, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF OUR SERVICES, YOU ARE TRANSMITTING YOUR PERSONAL DATA TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONALLY IDENTIFIABLE INFORMATION MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONALLY IDENTIFIABLE INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.