CYBEROBICS USA, LLC

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CYBEROBICS™ Privacy Policy United States

CYBEROBICS USA, LLC (the “Company”) is a part of the McFIT Global Group, and is an IAC business.

We respect the privacy of our users and the importance of the information they entrust to us. With this in mind, we provide you this privacy policy (the “Policy”) to help you understand the kinds of information we may gather about you when you visit the CYBEROBICS™ website (the “Site”) at https://www.cyberobics.com or use the CYBEROBICS™ fitness app (the "App") where you can access a variety of workouts conducted by professional and celebrity trainers, how we may use and share that information, and how you can control, correct and/or update your information. By visiting the Site or using the App, you are accepting the policies and practices described in this Policy. Each time you visit the Site or use the App, you agree and expressly consent to our collection, use, and disclosure of the information that you provide as described in this Policy.

THIS PRIVACY POLICY WAS LAST UPDATED ON: March 11, 2018

Please review the sections below to learn more about our Privacy Policy:

1. INFORMATION WE MAY COLLECT

2. HOW WE MAY COLLECT INFORMATION

3. INFORMATION OTHERS MAY COLLECT

4. HOW WE MAY USE INFORMATION WE COLLECT

5. HOW WE MAY SHARE YOUR INFORMATION

6. YOUR CHOICES

7. “DO NOT TRACK” SIGNAL

8. NOTICE OF PRIVACY RIGHTS OF CALIFORNIA RESIDENTS

9. OUR POLICY REGARDING CHILDREN

10. SECURITY

11. THIRD PARTY LINKS

12. CHANGES TO THIS PRIVACY POLICY

13. HOW TO CONTACT US

1. Information We May Collect

Personal Information

We may collect information that can identify you (“Personal Information”), such as your name, email address, birthday, personal fitness profile, and content submissions on or which link to the Company’s social media pages (e.g., your comments, photographs, video submissions or likeness if you post on the CYBEROBICS Facebook or social media pages). We may combine the Personal Information that we receive from different sources with the Personal Information we collect about you, and will treat all such information as Personal Information.

Non-Personal Information

We also may collect other types of information (“Non-Personal Information”) when you visit our Site and use the App, such as: • technical information, including the Internet Protocol (IP) address used to connect your computer to the internet, your login information, browser type, language, and version, time zone setting, browser plug-in types and versions, operating system and platform; and • information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from the Site or App (including date and time); pages or advertisements you viewed or searched for; services and features utilized; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.

We may combine the Non-Personal Information that we collect about you with the Personal Information we collect about you, and will treat all such information as Personal Information.

2. How We May Collect Information

We collect information that you give us when using our Site or App (e.g., by registering to create an account), or in some other manner, e.g., by posting or submitting information to the Site or App, to Facebook using the Site or App, to our Facebook or social media pages, or emailing or otherwise communicating with us.
We may automatically collect information when you visit the Site or App through use of standard Internet tools and services, including:

Cookies:

A cookie is a small text file that is stored on a user’s computer for record keeping purposes. Cookies can be either session cookies or persistent cookies. A session cookie expires when you close your browser and is used to make it easier for you to navigate our website. A persistent cookie remains on your hard drive for an extended period of time.

For example, when you sign in to our Site or App, we will record your user or member ID and the name on your user or member account in the cookie file on your computer. We also may record your password in this cookie file. For security purposes, we will encrypt any usernames, passwords, and other user or member account-related data that we store in such cookies. In the case of sites and services that do not use a user or member ID, the cookie will contain a unique identifier. We may allow our authorized service providers to serve cookies from our Site or App to allow them to assist us in various activities, such as doing analysis and research on the effectiveness of our Site, App, content, and advertising.

You may delete or decline cookies by changing your browser settings. (Click "Help" in the toolbar of most browsers for instructions.) If you do so, some of the features and services of our Site or App may not function properly.

Web Beacons:

Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. Unlike cookies which are stored on the user’s computer hard drive, web beacons are embedded invisibly on the web pages (or in email) and are about the size of the period at the end of this sentence. Web beacons may be used to deliver or communicate with cookies, to count users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our Site from an online advertisement displayed on a third-party website.

Google Analytics:

We use third party analytics tools, such as Google Analytics, to collect and analyze certain user information and behavior. This information may include demographic and interest information, such as age, gender and users interests. To opt-out of Google Analytics data collection, you can visit the following site and follow the opt-out procedures: https://tools.google.com/dlpage/gaoptout/

We also may collect information about you from (i) other IAC businesses, (ii) from our business partners, and (iii) from other third parties as we further describe in this Policy.

3. Information Others May Collect

We may allow third-party advertising companies and ad networks, including content recommendation engines, to display advertisements on our Site or App , and to track user activity on our Site or App for the purpose of determining what ads to display. These companies may also use information collected on our Site or App in order to better serve ads (ad retargeting).

o We do not provide any Personal Information to these companies. If you are logged into social networking or other third-party services at the time, the service providers may also be able to identify you in connection with that information. The collection and use of that information is subject to the third-party’s privacy policy.

o These companies may use tracking tools, such as cookies, to collect information about computers and browsing activity to determine which advertisements to display to users. They may collect information about where you, or others who are using your computer, saw and/or clicked on the advertisements they deliver, track which ads you clicked on and display ads targeted specifically to you, and possibly associate this information with your subsequent visits to the advertised websites.

o Some of these companies may be members of the Network Advertising Initiative, which offers consumers the ability to opt out of ad targeting by all member companies (www.networkadvertising.org).

The Company will not have any obligations with respect to any information that you publicly disclose by posting comments or other information or content reached through the Site or App, and does not limit the distribution of information you share using these features. We recommend that you use caution when giving out Personal Information to others through social media networks or otherwise, as such information may become publicly available.

4. How We May Use Information We Collect

We may use information, including but not limited to any Personal Information, to: o Provide our products and services and improve and customize services; o Send newsletters to our users and make special offers; o Offer products and services that may be of interest to you; o Process payment for products or services you order via our Site or App; o Customize the advertising and content that you see on our Site or App; o Facilitate use of our Site or App; o Publicly display feedback, content and comments posted by you on our social media pages, including Facebook or Instagram; o Manage your account and your preferences; o Track user movements around our Site and App and understand trends; o Analyze use of and improve our Site and App; o For internal business purposes on an aggregated, anonymous basis; o Identify and protect against fraudulent transactions and other misuses of our Site or App; and o Enforce our Terms of Service.

5. How We May Share Your Information

We share your Personal Information with other companies in the IAC family and with other third parties, which may include:

o Service providers, such as credit-card payment processors or web service hosts, performing services on our behalf;

o Our corporate affiliates, licensees, and contractors, including other IAC businesses. Sharing information with our sister IAC companies (identified on the IAC websites at www.iac.com) enables us to provide you with information about a variety of products and services that might interest you, although you may choose that we not share Personal Information with our sister IAC companies for their direct marketing purposes by emailing us at hello@cyberobics.com;

o Other businesses with which we partner or which we select to offer you products, services, and promotions through our Site, App, or offline, although you may choose that we not share Personal Information with third parties for their direct marketing purposes by emailing us at hello@cyberobics.com;

o To respond to subpoenas, court orders, or other legal process, in response to a request for cooperation from law enforcement or another government agency, or to establish or exercise our legal rights or defend against legal claims;

o Affiliates or third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of our business or operations (including without limitation in connection with bankruptcy or any similar proceedings);

o To enforce our Terms of Service and other agreements, or otherwise protect or defend our rights or property or the rights or property of others, or the safety of the public;

o When we believe it is required to prevent or take action against suspected criminal activity or fraud, or to comply with legal requirements, or to protect our interests; and

o As otherwise consented to by you at the point of collection or pursuant to your request We may use and share Non-Personal Information with third parties in our discretion. We may also share Personal Information in an aggregated, anonymous form in any of the above situations and also with service providers, advertisers and others for our own marketing purposes and for purposes of improving the manner in which, and to whom, we offer our services. We will not re-identify such data and we will ask our contracting parties to agree to keep the data in its de-identified form.

6. Your Choices

You may choose:

o Not to provide certain Personal Information when using our Site or App, although that may result in your inability to obtain certain services or use certain features of our Site or App. You must, however, provide your name, password, and valid email address to us, and valid payment information to our third-party payment processor, in order to register for an account on the Site or App;

o To review and update your Personal Information by logging into your account on our Site or App and by updating your account at the “My Account” page. We will use reasonable efforts to process any change you make; provided, however, that requests to delete information are subject to our internal reporting, processing and retention policies and all applicable legal obligations;

o To stop receiving promotional emails or newsletters from us by clicking the Unsubscribe link at the bottom of the relevant email. Please note that such requests may take up to ten (10) business days to become effective. You may not opt out of receiving communications regarding your dealings with the Company or technical information about the Site or App. You will continue to receive these e-mails, if appropriate, even if you unsubscribe from our promotional communications;

o To delete or decline cookies by changing your browser settings, although if you do so, some of the features or services of our Site may not function properly;

o That we not share your Personal Information with our sister IAC companies or third parties for their direct marketing purposes by emailing us at hello@cyberobics.com;

o To opt-out of any Google Analytics-related collection by visiting the following site and following the opt-out procedures: https://tools.google.com/dlpage/gaoptout/

7. “Do Not Track” Signals

The Company does not alter the practices detailed herein based upon your selection of the “Do Not Track” setting or other “opt out” setting or feature that may be offered by your browser; however, the Company reserves the right to do so in the future.

8. Notice of Privacy Rights of California Residents

You may request that the Company not share your Personal Information with third parties for their direct marketing purposes (“Opt-Out Policy”) by sending us an e-mail at hello@cyberobics.com. When contacting us, please indicate your name, address, e-mail address, and what Personal Information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your Personal Information or for processing this request.

If you are a California resident, subject to certain limits under California Civil Code § 1798.83, you may ask us to provide you with: (i) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year; and (ii) the identity of those third parties. To make this request, California residents may contact us by sending an e-mail to hello@cyberobics.com specifying that you seek your “California Customer Choice Privacy Notice.” Please allow thirty (30) days for a response. Please note that the Company is entitled by law to respond to your Disclosure Request by notifying you of your right to prevent the disclosure of personal information pursuant to our Opt-Out Policy (which is cost-free to you).

9. Our Policy Regarding Children

The Site and App are not intended for and are not directed toward children. We do not knowingly collect Personal Information from children under the age of 18. If you believe we might have any information from or about a child under the age of 18, please contact us at hello@cyberobics.com

10. Security

We take commercially reasonable physical, electronic, and other security measures to help safeguard personal information from unauthorized access, alteration, or disclosure.

The Site and App are designed for users located in the United States. If you are located anywhere outside of the United States, please be aware that information we collect, including Personal Information, may be transferred to, processed and stored in the United States. By using the Site or App, or by providing us with any information, you consent to this transfer, processing and storage of your information in the United States.

11. Third-Party Links

The Site and App may link to websites operated by third parties that we do not control. We do not monitor, control, or endorse the information collection or privacy practices of any third parties. We strongly encourage you to become familiar with the privacy practices of every website you visit and to contact them if you have any questions about their respective privacy policies and practices. This Policy applies solely to information collected by us through the Site and App and does not apply to these third-party websites. The ability to access information of third parties from the Site or App, or links to other websites or locations, is for your convenience only and does not signify our endorsement of such third parties, their products, services, websites, locations, or their content.

12. Changes to this Privacy Policy

The Company reserves the right to change, modify, add, or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. Any material changes in the way that we use Personal Information will apply only to information collected under the amended Policy, unless we obtain your consent in accordance with applicable law. We will not use your Personal Information in a way that is materially different than the uses described in the Policy in place when the information was collected without obtaining your consent to such differing uses. Your continued use of the Site or App after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the then-current Policy. We encourage you to bookmark this page and review this Policy regularly.

13. How to Contact Us

If you have any questions about this Policy, or our information practices, please contact us by email or postal mail below:

CYBEROBICS USA, LLC 925 N La Brea Ave, 4th Floor, Los Angeles, CA 90038 hello@cyberobics.com

©2018 CYBEROBICS USA, LLC. All rights reserved.