Specifically, we cover:
- Information We Collect
- How We Use Information
- How Information Is Shared
- Your Rights To Access and Control Your Personal Data
- Data Retention and Storage
- Analytics and Advertising Services Provided by Others
- Table Summarizing Information Collected, Uses, and Disclosures
- Minimum Ages – 13 and 16
- Information Security
- Third-Party Services
- International Operations and Data Transfers
- European Privacy Disclosures
- California Privacy Disclosures
- Who We Are and How To Contact Us
- Changes to This Policy
INFORMATION WE COLLECT
When you use our Services, we collect the following types of information:
- INFORMATION YOU PROVIDE TO CREATE AN ACCOUNT
Some information is required to create an account on our Services, such as your first and last name, date of birth, birth sex, and height. This is the only information you are required to provide to create an account with us to use Exerbotics equipment. We also collect the date and time that you provide this information. If you choose to use The Exercise Coach App, you will also be required to provide an email address and to set up a password. Although not required to create an account, you may choose to provide other types of information such as your postal address, mobile phone number. This information is collectively referred to as your “Account Information”.
2. INFORMATION FROM YOUR USE OF OUR SERVICES
- INFORMATION OBTAINED THROUGH EXERBOTICS EQUIPMENT
By using Exerbotics equipment, you grant the following parties access to the Exerbotics Data and your Account Information (excluding your password):
- Gymbot, LLC (referred to as Exerbotics)
- The Installation Facility including its employees, staff, contractors, clinicians, owners, and affiliates (collectively the “Exerbotics Coaches”).
- If you utilize the Exerbotics equipment at an Installation Facility that operates under a license agreement, franchise agreement (for example, Exercise Coach locations each of which are a franchise of Exercise Coach USA, LLC), or other similar arrangement, you also grant access to the applicable licensor, franchisor, or similar entity and their employees, staff, contractors, and affiliates (collectively “Licensor”).
If you accept an invitation to connect with a remote Exerbotics Coach (each a “Remote Coach”), you grant such Remote Coach access to your Account Information (excluding your password), and Exerbotics Data.
The Exerbotics Coaches, Licensors (if applicable) and Remote Coach have agreed to keep your Account Information (excluding your password) the Exerbotics Data, and any other data to which you grant permission to access, confidential and not use it for any purpose other than to provide you individualized advice and services and to improve their services. However, please understand, Exerbotics cannot provide any assurances that any Exerbotics Coaches, Licensors (if applicable) or Remote Coach will in fact do so.
- OTHER INFORMATION PROVIDED BY YOU THROUGH THE EXERCISE COACH APP OR YOUR DEVICES
To help improve your experience or enable certain features of the Services, you may choose to provide us with additional information, like, weight, sleep information, water intake, or blood pressure tracking, etc. You can do this by entering data through The Exercise Coach App or by connecting one or more of your third-party devices (or the related account) to your Exerbotics’ account which may transfer some of the data associated with your third-party account to your Exerbotics account (collectively such information is referred to as “Additional Data”). For example, if you connect your Exerbotics account to Fitbit or Apple Health we may receive information like your exercise/activity data, sleep data or other data collected by that third-party service. Doing this is entirely voluntary– you are not required to link any third-party devices/services or to provide Additional Data. If you provide Additional Data, you can stop sharing it with us at any time by unlinking the third-party account from your Exerbotics account, and/or by ceasing to manually enter data. Simply disconnecting the third-party account will not, however, delete the data from Exerbotic’s systems. Please see the TABLE SUMMARIZING INFORMATION COLLECTED, USES, AND DISCLOSURES below.
IF YOU DO NOT WANT YOUR EXERBOTICS COACHES OR THEIR LICENSRS (IF APPLICABLE) TO HAVE ACCESS TO ANY DATA OTHER THAN THAT WHICH IS REQUIRED FOR YOU TO RECEIVE THE SERVICES OFFERED BY SUCH EXERBOTICS COACHES, PLEASE REFRAIN FROM ENTERING THE ADDITIONAL DATA OR SYNCING OTHER APPLICATIONS/DEVICES TO YOUR EXERBOTICS ACCOUNT.
- COMMUNITY MESSAGING, CONTESTS AND OTHER CONNECTIONS
If you contact us or participate in a survey, contest, or promotion, we collect the information you submit such as your name, contact information, and message (“Connection Information”). To the extent we provide “communities” or other public facing communication features for clients to communicate with one another, you can share information with others voluntarily (“Your Content”), and at your own risk. These functions are public. When you post Your Content on these community discussion boards, Your Content is available for all other Exerbotics users to see. Please be careful about what you share, particularly if it is personal in nature.
Please Note: We are not required to litigate or otherwise pursue any wrongful disclosure of your data or information. To the extent your Exerbotics Data or other information contains protected health information, you hereby expressly consent to the disclosure of such protected health information when you utilize Exerbotics equipment and/or accept an invitation from an Exerbotics Coach to use the Exercise Coach App.
3. INFORMATION OBTAINED THROUGH THIRD PARTIES (Excluding Linked Devices)
- PERFORMANCE INFORMATION & COOKIES
We may also collect data about the devices and computers you use to access the Services, including IP addresses, browser type, language, operating system, Exerbotics or mobile device information (including device and application identifiers), the referring web page, pages visited, location (depending on the permissions you have granted us), and cookie information.
- LOCATION INFORMATION
The Services include features that may use precise geolocation data, including GPS signals, device sensors, Wi-Fi access points, and cell tower IDs. We collect this type of data if you grant us access to your location. You can always remove our access using your mobile device settings. We may also derive your approximate location from your IP address. If you turn off this feature, please understand that Exerbotics will still obtain certain location information based on the location of the Exerbotics equipment.
- USAGE INFORMATION
When you access or use our Services, we may receive certain usage or network activity information. This includes information about your interaction with the Services, for example, when you view or search content, install applications or software, create or log into your account, pair a device to your account.
- LINKED DEVICES
See subsection 2 of INFORMATION WE COLLECT.
HOW WE USE YOUR INFORMATION
We use the information we collect for the following purposes.
- PROVIDE AND MAINTAIN THE SERVICES
2. IMPROVE, PERSONALIZE, AND DEVELOP THE SERVICES
We use the information we collect to improve and personalize the Services and to develop new ones. For example, we use the information to troubleshoot and protect against errors; perform data analysis and testing; conduct research and surveys; and develop new features and Services. We also use your information to make inferences and show you more relevant content.
3. COMMUNICATE WITH YOU
We use your information when needed to send you Service notifications and respond to you when you contact us. We also use your information to market to you, for example, to promote new features or products that we think you would be interested in. You can control marketing communications and most Service notices by adjusting your preferences in account settings or following the instructions in the applicable communication or on our website.
4. PROMOTE SAFETY AND SECURITY
We use the information we collect to promote the safety and security of the Services, our users, and other parties. For example, we may use the information to authenticate users/clients, to align clients with their personalized workout, protect against fraud and abuse, respond to a legal request or claim, conduct audits, and enforce our terms and policies.
We may use any of the information noted above (for example, Exerbotics Data and Additional Data) for research purposes such as determining whether sleep influences exercise patterns to assist Exerbotics and Exerbotics Coaches in the development of new Services and guidance provided to customers.
HOW INFORMATION IS SHARED
We never sell information that identifies our users. We do not share your information except as described below.
- WHEN YOU AGREE OR DIRECT US TO SHARE
You may direct us to disclose your information to others, such as when you use any public facing communication features or social tools made available through the Services. For certain information, we provide you with privacy preferences in account settings and other tools to control how your information is visible to other users of the Services.
You may also direct us to share your information in other ways, for example, when you give a third-party application access to your account. Remember that their use of your information will be governed by their privacy policies and terms. You can revoke your consent to share with third-party applications using your account settings.
2. FOR EXTERNAL PROCESSING
We transfer information to our corporate affiliates, service providers, and other partners who process it for us, based on our instructions, and in compliance with this policy and any other appropriate confidentiality and security measures. These partners provide us with services globally, including for customer support, information technology services, sales, marketing, data analysis, research, surveys and payment.
3. FOR LEGAL REASONS OR TO PREVENT HARM
We may preserve or use or disclose information about you if reasonably necessary to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.
4. NO PUBLIC SHARING OF YOUR DATA
We do not allow the public to see your Exerbotics Data, your Additional Data or any other information that identifies you, except to the extent that you choose to post information on a community discussion board made available through our website or The Exercise Coach App. Deidentified Information may also be used in in public reports about exercise and activity, various wellness topics, etc., however, any information that is made available to the general public will typically be in the form of summary statistics learned from Exerbotics’ analysis/research. For example, we found a that 70% of females ages 50-55 see a strength increase of at least 25% within 8 weeks of consistent use (measured on an Exerbotics Leg Press).
5. OTHER USES
We may share information that is de-identified in a manner such that it cannot reasonably be used to identify you (“Deidentified Information”). When we de-identify information, all personal identifiers such as date of birth, name, email address, phone number IP address are removed. We may aggregate and disclose such Deidentified Information to third parties for a variety of purposes, for example, for research, to partners under agreement with us, or as part of any community benchmarking information we provide to users of our Services. We do not currently sell Deidentified Information but we may do so in the future. If we do, we will take steps to ensure the purchaser will not reidentify the Deidentified Information in the future.
YOUR RIGHT TO ACCESS AND CONTROL YOUR PERSONAL DATA
You retain the right to access the information we collect about you and to request that we amend, correct or delete your personal information at any time. We may give you account settings and other tools within our Services to carry out the above tasks or you may contact our Client Services Coordinator at email@example.com for assistance. You can also use the Account Settings to limit notifications, to revoke access of third-party applications you previously connected to your account and manage other functions. For your security, if you contact us for assistance with these functions, we request that you provide us information to verify your identity.
Following are the methods by which you can delete or change your information:
DATA RETENTION AND STORAGE
How long we retain your personal information depends on the type of data and the purpose for which we use or process the data. We keep your account information, like your name, email address, and password, for as long as your account is in existence because we need it to operate your account. In some cases, when you give us information for a feature of the Services, we may delete the data after it is no longer needed for the feature. We keep other information, like your Exerbotics Data and Additional Data, until you take steps to delete this information because we use this data to provide you with your personal statistics and other aspects of the Services. We also keep information about you and your use of the Services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm. To the extent your personal information is deidentified, we may keep this information indefinitely.
We may use third-party vendors and hosting partners to provide the necessary software, hardware, networking, storage and related technology to run our Services. We do not transfer ownership of this data to any third-party vendors or hosting parties. If you have a security-related concern, please contact firstname.lastname@example.org. We may provide access to or transfer ownership of Deidentified Data at any time.
ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS
MINIMUM AGES – 13 and 16
If we become aware that a child under the age of 16 has provided us with personal identifiable information through The Exercise Coach App, we will take steps to remove such information and terminate the child’s account.
INFORMATION SECURITY AND INTEGRITY
We strive to take appropriate security measures to help safeguard your information from unauthorized access and disclosure. For example, only Exerbotics authorized personnel, Exerbotics Coaches, and any applicable Licensor are allowed to access personal identifiable information, and they may only access it for permitted business functions. We also use technology to protect your information, including encrypting sensitive personal information that is transferred to or from our systems. The above applies solely to Exerbotics. Exerbotics Coaches may have different policies governing access.
While we cannot guarantee that loss, misuse, or alteration will never occur, we use reasonable efforts to prevent it. Please keep in mind that no method of storage or transmission over the Internet is completely secure, so your use of our Services and provision of information to us is at your own risk.
We use a variety of services offered by third parties to help maintain and improve our website and to provide and improve our Services. These third-party service providers may store personally identifiable information about you that we collect and information sent by your browser. If we provide your personal identifiable information to third parties, we will limit their use to only what is necessary for them to provide services to us. For a list of our third-party processors send an email request to email@example.com.
INTERNATIONAL DATA TRANSFERS
EUROPEAN PRIVACY DISCLOSURES
If you live in the European Economic Area (EEA), United Kingdom (UK), or Switzerland, please review these additional privacy disclosures under the European Union’s General Data Protection Regulation (“GDPR”).
- YOUR DATA CONTROLLER
If you live in the EEA, UK, or Switzerland, Gymbot, LLC is your data controller. For our contact information, please see the Contact Us section below.
2. HEALTH AND OTHER SPECIAL CATEGORIES OF PERSONAL DATA
To the extent that information we collect is health data or another special category of personal data subject to the GDPR, we ask for your explicit consent to process the data. We obtain this consent separately when you take actions leading to our obtaining the data, for example, when you sync another service to your Exerbotics account (such as exercise activity from your Fitbit account), grant us access to your exercise or activity data from another service. You can use your account settings and tools to withdraw your consent at any time, including by stopping use of a feature, removing our access to a third-party service, unpairing other services, or deleting your data or your account.
3. OUR LEGAL BASES FOR PROCESSING PERSONAL DATA
For personal data subject to the GDPR, we rely on several legal bases to process the data, including:
When you have given your consent, which you may withdraw at any time using your account settings and other tools;
- Our legitimate business interests, such as in improving, personalizing, and developing the Services, marketing new features or products that may be of interest, and promoting safety and security as described in the How We Use Information section.
4. HOW TO EXERCISE YOUR LEGAL RIGHTS
If you need further assistance regarding your rights, please contact our Data Protection / Privacy Officer at firstname.lastname@example.org, and we will consider your request in accordance with applicable laws. You also have a right to lodge a complaint with your local data protection authority.
If you have questions about this policy, or need help exercising your privacy rights, please contact our Data Protection / Privacy Officer at email@example.com or you may contact us at:
Attn: Client Care Coordinator
531 Telser Road
Lake Zurich, IL 60047
CALIFORNIA PRIVACY DISCLOSURES
If you are a California resident, please review the following additional privacy disclosures under the California Consumer Privacy Act (“CCPA”).
- HOW TO EXERCISE YOUR LEGAL RIGHTS
You have the right to understand how we collect, use, and disclose your personal information, to access your information, to request that we delete certain information, and to not be discriminated against for exercising your privacy rights. You may exercise these rights using your account settings, for example:
- By logging into your account and using your account settings, you may exercise your right to access your personal information and to understand how we collect, use, and disclose it.
- If you need further assistance regarding your rights, please contact our Data Protection / Privacy Officer at firstname.lastname@example.org and we will consider your request in accordance with applicable laws.
2. CATEGORIES OF INFORMATION WE COLLECT, USE, AND DISCLOSE FOR BUSINESS PURPOSES
- Identifiers, like your name or username, email address, mailing address, phone number, IP address, account ID, device ID, cookie ID, and other similar identifiers.
- Demographic information, such as your gender, age, and physical characteristics or description, which may be protected by law.
- Commercial information including records of the Services.
- Biometric information, such as your exercise / activity data and, to the extent provided by you, sleep, health data, and any similar information to which you grant us access from another service.
- Internet or other electronic network activity information, such as the usage data we receive when you access or use our Services. This includes information about your interactions with the Services and about the devices and computers you use to access the Services.
- Geolocation data, including GPS signals, device sensors, Wi-Fi access points, and cell tower IDs, if you have granted us access to that information.
- Electronic, visual, or similar information, such as your profile photo or other photos, if applicable.
- Inferences drawn from any of the above, including the number of calories you burned, distance you traveled, sleep insights, and personalized exercise and activity goals.
- Information you post on a community message board or send using the Exerbotics private messaging function, if applicable.
We do not sell information that identifies you. Although we do not currently allow for third-party advertising, we may work with advertising partners in the future. We will update this policy to reflect such changes.
EFFECTIVE DATE: 09/21/2022
TABLE SUMMARIZING INFORMATION COLLECTED, USES, AND DISCLOSURES
|Category/Type of Information Collected||Purpose for Collecting
|Categories of 3rd Parties to Whom Information is Disclosed||Was Information Disclosed for Business Over Prior 12 Months||Was Information Sold or Shared Over Prior 12 Months||How to Delete Your Information or Discontinue Collection of Your Information|
[e.g., name, height, DOB, gender, email address]
|Setting up an account is necessary for you to use the Services – it syncs the Exerbotics equipment with settings specific to you.||
||Yes||No. Used solely for business purposes.||Email request to email@example.com
Please Note: if you delete your Exerbotics account you may not be able to make use of the Services moving forward.
[Information generated from your use of Exerbotics equipment]
|This allows Exerbotics and your Exerbotics Coach to design exercises to help you meet your fitness goals and to assess your progress. You can also view some of this data through the Exercise Coach App to personally track your progress.||
||Yes||No. Used solely for business purposes.||Email request to firstname.lastname@example.org
Please Note: if you delete your Exerbotics Data you will not be able to make use of the Services moving forward.
[information provided by you whether via self-entry or by connecting one of your other accounts to your Exerbotics account, e.g., your Fitbit account]
|This is information you provide through the Exercise Coach App. For example, you may wish to connect steps tracker account (such as Fitbit) to your Exerbotics account so you can see this information as well as your historical performance on the Exerbotics Equipment all in one app.||
||New feature as of 9/30/22.||No. Used solely for business purposes.||You can unlink your device account or stop entering this type of data into your account at any time. Unlinking a device account from your Exerbotics account does not, however, delete any Additional Data made available prior to taking this action.
To delete any Additional Data you must submit a request to email@example.com.
Deleting your Additional Data will not impact your ability to continue to use the Services.
[e.g., IP address, devices used to log in to your Exerbotics account]
|Application improvement, including enhanced user experience and security.||
||Yes||No. Used solely for business purposes.||Email request to firstname.lastname@example.org
|Application improvement, including enhanced user experience and security.||
||Yes, but only the location where you used Exerbotics equipment||No. Used solely for business purposes.||If such information exists, you can delete this information by submitting a request to email@example.com
If you delete this information, your location when using Exerbotics equipment will still be available as long as Exerbotics maintains the Exerbotics Data.
[e.g., information you share with others by posting to an Exerbotics community discussion board such as a recipe or your achievement of certain fitness goals]
|To encourage community connection with other users who are also engaging in their own health/fitness efforts.||
||No||No. Used solely for business purposes.||Users may delete or
email request to firstname.lastname@example.org.
Note, if you posted something to a community discussion board, another member of the community could copy that information or repost it and you will not be able to control that information.
[e.g., information you provide when you contact us, enter a contest, promotion, etc.]
|To facilitate communication with Exerbotics Coaches regarding your health and fitness goals.||
||No||No. Used solely for business purposes.||Email request to email@example.com|
[any of the above information excluding any data points that can be used to identify you individually]
|Any legal business or research purpose.||
||No||No. Used solely for business purposes.||There is no method for deleting or modifying this type of information. Exerbotics will not be able locate data specific to you in order to respond to your request.|
[combining your data with data from other individuals in a manner that does not identify any one person but allows us to look at trends across a particular group of people, e.g., Average Range of Motion of individuals 30-40 years old)
|Any legal business or research purpose.||
||No||No. Used solely for business purposes.||There is no method for deleting or modifying this type of information as it will not contain any information personal to you.|
EQUIPMENT DATA COLLECTION
- CLIENT TRAIT DATA: This is data about your physical characteristics needed to define exercises specific to you. There are two types of data maintained for the client: Maxtest Data and Range of Motion (ROM) data. This data must be specified for each movement/exercise and may be updated anytime.
a. Maxtest Data: This is a measure of the maximum force you produce during a set interval of time with respect to a specific movement on each piece of equipment you use. Maxtest data is collected before your first exercise but you can also repeat Maxtests across time.
b. ROM Data: This is a measure of your range of motion (the start and end position) when carrying out a particular movement produced when you and your trainer work together to define the starting point and ending point for each movement.
- CLIENT EXERCISE RESULT DATA: Data is collected and maintained on the system for each exercise you perform. This data consists of exercise summary data and detailed force data. For example:
- Movement/Exercise identification
- Collection identification
- Protocol specification
- Date and time exercise performed
- Number of exercise phases performed
- Number of exercise repetitions performed
- An indication if all specified repetitions were completed
- Total Effort expended during the exercise
- Total Concentric Effort
- Total Eccentric Effort
- The Target Effort for the exercise
- Target Effort Calculation
- Percent of Target Effort achieved
- Various force data elements (e.g., exercise quality – percent of time you achieved prescribed targets, how much of time you performed above or below targets)
- Various strength data elements
The above description is not intended to list all data elements collected with respect to each exercise.
Cookies are small text files that are stored in your web browser on your PC, telephone, tablet or other Internet-connected device (each a “Device”) that “remember” information about you and your visit(s) to a website or connection to web application. Certain cookies may also collect personal data about you from your Device.
THE TYPES OF COOKIES WE USE
- Strictly necessary cookies: These are cookies that are necessary for the operation of our Website. They include, for example, cookies that register the type and version of your browser. If you disable these cookies, then the Website will not function properly.
- Functionality cookies: These are used to recognize you when you return to our Website. This enables us to personalize our content for you, including (where applicable) to remember choices you make (such as your language or the region you are in) and provide enhanced, more personal features.
- Analytical/performance cookies: These allow us to recognize and count the visitors to our Website and to see how visitors use our Website. This information helps us to improve the way our Website works, for example, by ensuring that users find what they are looking for easily.
Your Internet browser may let you restrict or disable certain types of cookies. Without cookies, you may not be able to use all of the options on our sites.
Exerbotics.com uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses its own persistent cookie, which expires two years after it is placed on your Device. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google, which may include being stored on its servers in the United States.
The Services are not directed to people under the age of 13. We do not knowingly permit children under the age of 13 to use Exerbotics equipment nor do we knowingly collect personal information from children under 13. Children between the ages of 13 and 15 may create an account solely for the purpose of utilizing the Exerbotics equipment while working with an Exerbotics Coach. Creating an account requires that you provide the Account Information.
Parents— when you allow your child to train on Exerbotics equipment, you grant Exerbotics permission to collect the Exerbotics Data that is generated through your child’s use of the Exerbotics equipment.
You must be at least 16 years old to use The Exercise Coach App. The Exercise Coach App allows you to provide information in addition to the basic information required to set up an Exerbotics account. Please see the section titled INFORMATION WE COLLECT, Paragraph 2 – OTHER INFORMATION PROVIDED BY YOU THROUP OUR APP OR YOUR DEVICES to better understand the types of information that may be collected through your use of The Exercise Coach App.
Parents— If you have a child under 16 years of age and become aware that your child has provided personally identifiable information to Exerbotics through The Exercise Coach App, please contact us at firstname.lastname@example.org. If we become aware that a child under the age of 16 has provided us with personal information through The Exercise Coach App, we will take steps to remove such information and terminate the child’s account.