Effective Date: September 23, 2023
At OPEX Shady Grove, we respect the concerns of our customers, online visitors, mobile application users, and business partners (“you,” or “your”) about your personal information and value our relationship with you.
This Privacy Policy applies to information collected by OPEX Shady Grove, and any affiliated or subsidiary companies (“OPEX Shady Grove,” “we” or “us”), offline or online, including the websites and mobile applications that post a link to this Privacy Policy (collectively, our “Sites”).
This Privacy Policy explains the types of personal information we collect, how we use and process personal information, the legal basis for processing, and with whom we share personal information. We also tell you how you can reach us to update your contact information, remove your name from our mailing lists, or get answers to questions you may have about our privacy practices. Please read this Privacy Policy carefully. By continuing to interact with our Sites or providing personal information to us after having an opportunity to review this Privacy Policy, you are agreeing to the practices described in this Privacy Policy. This Privacy Policy is incorporated by reference into the Terms of Use posted on each of our Sites.
Contents
UPDATES TO OUR PRIVACY POLICY
WHAT THIS PRIVACY POLICY COVERS
PERSONAL INFORMATION WE COLLECT
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
PLUGINS & TOOLS USED
THIRD-PARTY ADVERTISEMENTS
E-MAIL AND TEXT MESSAGES
HOW WE PROTECT PERSONAL INFORMATION
INFORMATION ABOUT MINORS
YOUR RIGHTS – ACCESS & CORRECTION
RETENTION OF PERSONAL INFORMATION
PERSONAL INFORMATION TRANSFERRED TO THE UNITED STATES
HOW TO CONTACT US
UPDATES TO OUR PRIVACY POLICY
This Privacy Policy may be updated periodically to reflect changes in our operations or applicable laws. We may modify this Privacy Policy at any time in our sole discretion. If we make material changes to this Privacy Policy that increase our rights to use personal information, we have previously collected about you, we will obtain your consent either through an email to your registered email address or by prominent posting on our sites. If we intend to further process your personal data for a purpose other than those described in our Privacy Policy at the time of collection, OPEX Shady Grove will first provide information about that other purpose and additional information necessary to ensure fair and transparent processing.
WHAT THIS PRIVACY POLICY COVERS
We use the terms “personal information” or “personal data” interchangeably in this Privacy Policy to refer to information that identifies, relates to, describes, or is reasonably capable of being associated, directly or indirectly, with an individual. Personal information does not include information that has been modified in a substantial way so that it no longer can reasonably identify or be linked to an individual.
We obtain personal information from a range of sources including (but not limited to) the following:
- Information you submit online (including, but not limited to, filling out forms or requests on the Sites, sending us a message, or responding to our marketing messaging and promotions);
- Information collected when you visit our Sites as described in the section titled, “Information We Collect Using Cookies and Other Technologies” and in our Cookie Policy;
- Information provided by the fitness center you use;
- Information collected during a workout session if you are an exerciser who uses our connected fitness products;
- Social media accounts you use to interact with OPEX Shady Grove;
- Market research services and public and commercial resources.
- This Privacy Policy does not apply to any personal information collected by the third-party source (app store) from which you download our mobile application and we are not responsible for the privacy practices of your app store. As explained below, this Privacy Policy does not apply to the privacy practices of third-party services that provide functionality for our Sites (such as plug-ins), information you post on social media, information you post or send using a messaging or other application (such as WhatsApp Messenger), or information collected by third-party websites to which you navigate from links on our Sites.
PERSONAL INFORMATION WE COLLECT
Precise Geolocation Information. Some of Our products and services involve collecting your precise geolocation. If you select these products or services, you may be prompted to allow OPEX Shady Grove or your mobile operating system to collect your precise geolocation. If you choose not to provide 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 equipment dealers and parties who provide targeted advertising and analytics services.
Information Request. If you request information about our products or services, or fitness industry-related information (e.g., order a brochure, a catalogue, a magazine, a whitepaper or a guide), 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.
Fitness and Exercise Data. If you track your exercise sessions either by registering to use our mobile applications (such as the CoachRX mobile application) or by using a platform provided by your fitness center powered by CoachRX, we may ask for your name, e-mail address, and mobile phone number, date of birth, and weight. You also may elect to input data about your physical condition, fitness facility, workout results and progress, and language preference. Your performance metrics will be shared with your fitness center.
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.
Locate a Sales Representative or Dealer. Some of our Sites enable you to locate a sales representative or dealer near you through the “find a rep” or “find dealer” request forms. Where this service is available, it is completely voluntary and you will have a choice as to whether to provide your personal information. In order to assist you in locating a sales representative or dealer, we will ask you for information, such as your first and last name, full postal address and telephone number. We use this information to locate a sales representative or dealer near you, to evaluate your needs and to give you the best and most relevant service. We, the sales representative, or the authorized dealer in your area, may use the information to communicate with you directly about our products and services.
Third Party Sales. Our branded merchandise also is offered for sale by authorized third-party merchandise partners at their brick & mortar retail locations and through websites they own and control, which may be linked to the Sites. If you transact with an authorized third-party merchandise partner, your purchase will be conducted on our authorized third- party merchandise partner’s website, subject to the third party’s privacy policies and terms of use. You should review the privacy policy and terms of use that apply to that third party’s website, which will apply to your transaction.
Product Financing and Credit Refinancing. We may provide links to third-party vendors for product financing or credit refinancing information for some of our products. If such a link is provided, your information is transmitted directly to the third-party vendor and is not received by our companies. You should review the privacy policy and terms of use that apply to the third-party vendor’s website.
Owner’s Programs or Rewards Programs. From time to time, some of our Sites may offer owner’s 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.
Product Registration. From time to time, some of our Sites may offer online product registration. If you register a OPEX Shady Grove brand product you purchased online, we will ask for your name, email and postal address, dealer and product details, and optional household and demographic information. By registering your product online, you agree that we, our business partners, an authorized dealer/service provider, or third-party advertising agency may contact you related to the product registration for a variety of reasons including, but not limited to, providing product notifications, as required by law, for customer service and/or warranty assistance, to maintain OPEX Shady Grove’s databases and business processes, and/or to contact you for purposes otherwise stated in this Privacy Policy.
Referral Service. From time to time, we may offer a referral service that allows you to inform your friends and other acquaintances about products and/or information contained on (or through) OPEX Shady Grove’s websites. If you elect to use such a referral service, the following will apply: email address(es) will be collected for the purpose of sending a one-time email for which you will be noted as the sender of such email. OPEX Shady Grove will be a service provider facilitating such delivery.
Invention Submission. If you submit an Invention Submission through our website, we will ask for your name, company name, email and phone, product details, and invention information.
Information We Collect Using Cookies and Other Technologies
We collect certain information by automated means when you visit our Sites, such as how many users visited our Sites and the pages accessed. By collecting this information, we learn how to best tailor our Sites to our visitors. We collect this information through various means such as “cookies” and “web beacons.” In addition, we may collect IP addresses, as explained below. For more information regarding our use of cookies or how to refuse or withdraw consent, please refer to our separate
Cookies.As described in our separate Cookie Policy, like many companies, we use “cookies,” pixels, and similar technologies on our Sites. Cookies are pieces of code placed on your devices when you visit certain websites. We use cookies and similar technologies to tell us, for example, whether you have visited us before or if you are a new visitor and to help us identify features of the Sites in which you may have the greatest interest. Cookies may enhance your online experience by saving your preferences while you are visiting a particular website.
Most web browsers will tell you how to stop accepting new cookies and other internet technologies, how to be notified when placed on your device, and how to disable them. Please note, however, that without these technologies you may not be able to take full advantage of all the features and functionality of the Sites.
Web Beacons. As described in our separate Cookie Policy, certain pages on our Sites contain “web beacons” (also known as Internet tags, pixel tags and clear GIFs). These web beacons allow third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears; the URL of the page on which the beacon appears; the time the page containing the beacon was viewed; the type of browser used to view the page; and the information in cookies set by the third party.
IP Addresses and Mobile Device Identifiers. An IP address and mobile device identifier are unique identifiers that certain electronic devices use to identify and communicate with each other on the Internet. When you visit our Sites, we view the IP address or identifier 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 the visitors to our Sites. We also use this information to enhance our Sites.
PURPOSES AND LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION
The personal information we collect is processed for the following purposes:
- To offer our products and services, respond to your requests and provide information and communicate with you about our products and services;
- To register and maintain an online or offline account;
- To process orders and other transactions, including warranty and product registration, payments, claims, requests, and provide customer service;.
- To provide information about financial options for the purchase of our products;
- To operate, analyze and enhance the performance and functioning of our Site, products and services;
- To prevent fraud; to enforce the Sites’ Terms of Use; to comply with applicable laws and corporate reporting obligations; and to enforce OPEX Shady Grove’s agreements;
- To analyze how the Sites are used, to prepare aggregated trend reports, and to perform other market research;
- To provide you with online advertisements and marketing emails based on your interests and permissions;
- To facilitate your interaction through our Sites with other consumers, including through social networking;
- To send notices, newsletters, marketing communications, promotions, solicitations, brochures, or other marketing materials regarding our Sites, our products, and the services of our businesses, affiliates, business partners, or authorized dealers;
- To monitor and analyze usage and trends, evaluate and compare interest in our products and services and develop new products and services;
- To receive and process applications for employment;
- To provide our interactive console and mobile app workout recommendations to exercisers; and
- To provide our equipment monitoring and management services to fitness centers and other commercial customers.
OPEX Shady Grove processes your personal 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 OPEX Shady Grove under US or other applicable law; or
- The processing is necessary for purposes that are in OPEX Shady Grove’s 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.
PERSONAL INFORMATION WE SHARE
We share workout data collected from exercisers who use our services through consoles on their fitness center equipment or a mobile app on your device that is connected to the fitness center. Your fitness center may use your information at their discretion and may track your activities, workouts, and the usage of their equipment. We recommend that you consult your fitness center to learn about its privacy practices.
We may share the contact information you provide with our affiliated companies, sales representatives or authorized dealers in your area, and other business partners. Your fitness center and the other third parties with whom we may share 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 share your precise geolocation with third parties, including but not limited to dealers and parties who provide targeted advertising and analytics services.
We utilize third-party applications, plug-ins, APIs and other features to provide mobile app functionality. Some of these features are necessary for the mobile apps to operate. Others you may choose to activate including, for example, beacons to detect and record that you have entered your fitness facility and to recognize geofences and beacons at your defined fitness facilities; and services to deliver messages and notifications to your phone. The third parties that operate these functions are identified at the time you activate the feature they provide. Because these third-party services may collect your personal information, we recommend that you review their privacy policies before activating the features they provide.
We also share your information with third parties who perform services and functions on our behalf to support our business and 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 enforce our Terms of Use;
- To protect our property, services and legal rights;
- To prevent fraud against OPEX Shady Grove, our Sites, our affiliates, customers, product users, 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.
LINKS TO OTHER WEBSITES AND CONTENT
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 recommend you review if you visit any linked websites. OPEX Shady Grove is not responsible for the content, any use of the websites, or the privacy practices of any of those websites.
If you send personal information to OPEX Shady Grove using a website, messaging (such as WhatsApp Messenger) or other applications not associated with OPEX Shady Grove, OPEX Shady Grove has no control over these third party applications.
Collection of your personal information by third parties is not governed by this Privacy Policy. Please consult the privacy policies of those third parties to determine how they collect and use your personal information or how they treat the personal information you post or transfer to them.
E-MAIL AND MESSAGING
We use e-mail and, with your permission, text push notifications, to administer your account and to alert you to new features and offerings.
You may, at any time, choose to not receive promotional communications from us by using the “unsubscribe” feature provided in our e-mail marketing messages or by “opting out” or “unsubscribing” from specific mailing lists and services by contacting us. See. “How To Contact Us.”
If you unsubscribe from receiving these emails, you will still receive service notifications, technical issue alerts, and administrative messages that are not promotional in nature.
HOW WE PROTECT PERSONAL INFORMATION
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.
INFORMATION ABOUT MINORS
The Sites are not intended for access and use by individuals under the age of 18. We do not intentionally collect personal information from individuals who we have reason to believe are under the age of 18. If you become aware of any personal information we have collected from individuals under age 18, please contact us as explained below under “How to Contact Us.”
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 your personal information. You also have the right to request a copy of the personal information we have collected about you. In certain situations, you may also request that we restrict or cease processing your personal 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 clicking here, emailing us at info@opexshadygrove.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 OPEX Shady Grove and the data was processed by automated means. You may exercise these rights. OPEX Shady Grove 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.
RETENTION OF PERSONAL INFORMATION
OPEX Shady Grove retains all personal information for the duration of the relevant business relationship in accordance with its information management policies and schedules or, where required, in accordance with applicable law. When deleting personal information based on a request by the data subject, OPEX Shady Grove 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 Privacy Policy.
OPEX Shady Grove 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 OPEX Shady Grove or another auditor, and to participate in such audits.
PERSONAL INFORMATION TRANSFERRED TO THE UNITED STATES
The Sites to which this Privacy Policy applies are subject to United States law, unless otherwise provided herein. By using the Sites or providing us with your personal data, you are transferring your personal data to us in the United States. In addition, we regularly transfer the personal data we collect on the Sites to other countries where we do business, which may not have the same data protection laws as the country in which you reside. When we transfer your information to other countries, we will protect that information as described in this Privacy Policy, even though the receiving country may not have the same privacy and data protection laws as the country in which you reside. We may use sub-processors, including our affiliates as well as third-party companies, to provide, secure or improve the Services, and such sub-processors may have access to personal data.
By providing your personal data to us or by using our mobile applications to track your exercise performance, you are acknowledging and agreeing to our collection, transfer, and processing of your personal information in the United States in accordance with this Privacy Policy. If you do not want your personal data to be processed in the United States or possibly other countries that do not meet the adequacy of protection standards as determined by the EU court and authorities, you should not use our online services or submit personal data to us in other ways.
HOW TO CONTACT US
If you have any questions or comments about this Privacy Policy, please contact:
OPEX Shady Grove
15920 Luanne Drive, Gaithersburg, MD 20877
Email: info@opexshadygrove.com