For U.S. and Canadian residents
Last updated: August 1, 2016
What Information Is Collected From You Through YIX Fitness Services?
The information we receive from you helps us personalize and continually improve our business. Here are the general types of personal information (and sensitive personal information) we (and certain third parties) may gather:
Information You Give Us: We receive, store and process personal information you provide to us when you purchase or use the YIX Fitness Services, set up a Team YIX Fitness account, enter information on our websites or message boards, communicate with us over phone, e-mail or otherwise, use our applications on mobile or connected devices, use our streaming services, take our surveys, participate in any promotion, interact with our social media presence, or in any other way.
Examples of Information You Give Us: This includes without limitation your name, shipping, billing, and/or business addresses; location information; phone number; e-mail address; username and password information; credit or other payment card information; gender; date of birth; and survey response data. If you sign up as a Team YIX Fitness Coach, we may also collect your social security/social insurance or other similar identification number and bank account information in order to remit any commission payments you may have earned. If you apply to join our Affiliate Program, we may also collect information about your business, such as your (or your organization’s) name, e-mail address, street address, telephone number, tax identification number, and information about your website (e.g., the URL, the number of unique users and page views, the demographics of your user base, etc.). To help track your workout activity, YIX Fitness may send and receive data to and from Apple’s Healthkit Application if you enabled this feature.
We may also collect other types of information that you provide to us to help you achieve your health and wellness goals, such as your:
physical information (e.g., weight, waist, hip and bicep measurements, etc.);
food and nutritional information (e.g., types of food and beverages consumed, and any related caloric, fat, fiber, cholesterol and other information);
metabolic information (e.g., caloric and fat burn through exercise, and other related information);
fitness and activity information (e.g., the types and number of workouts you may be using, workout and activity tracking, hours exercised, etc.); and
general feedback (e.g., content you post on our message boards, or information you submit about our products, goods or services).
Information We Automatically Receive: We automatically receive and store certain technical information whenever you interact with us. For example, like many other websites, we use “cookies” to enhance your experience on our websites as described below, which allows us to obtain certain information when your web browser accesses any of our websites.
Mobile and Connected Device Information: When you download, install or use our applications through mobile or connected devices, we may receive information about your device and may access your camera, microphone, or other device services or hardware. Some devices may allow you to opt-out of this collection or access, and in those cases, you may be able to subsequently stop the collection or access. Please review your device settings for more information.
Examples of Mobile Information: This includes without limitation unique identifiers for your device, device and usage information, precise geolocation information (if you enabled this feature), carrier provider, and the types of mobile devices and operating systems accessing the application.
Information We Obtain From Other Sources: We may receive information about you from other sources, including from third party vendors, services and commercially available sources (such as data aggregators and public databases). We may also collect information that you publicly post on our social media pages, such as our Facebook®, Instagram®, and Twitter® pages. In addition, we may combine information you give us with other information from YIX Fitness sources, communications and transactions. Where permitted by law, we combine this information received from other sources, including from social media websites, with information you give us and information that we collect automatically about you.
Examples of Information We Obtain From Other Sources: This includes without limitation, information that you provide to our vendors; updated credit card number and expiration dates from your bank or credit card company which we use to keep our records current and service you better; updated delivery and address information from our carriers or other third parties which we use to keep our records current, process orders, deliver your next purchase, and service you better; account information which we use to validate access to your accounts with us; transactional data from third party purchases; demographic and profile data; social media posts, such as your likes, interests, feedback, preferences, pictures, comments, suggestions, opinions, and complaints; information we may receive from your Team YIX Fitness Coach (if applicable); information that you provide through our e-mail and text message campaigns; information about products or services purchased from other companies.
How Does YIX Fitness Use the Information It Collects?
YIX Fitness may use the information provided above in various ways, including without limitation, to:
Process and fulfill your requests or orders for any YIX Fitness Services, and verify your identity and/or location to allow access to your accounts (such as your Team YIX Fitness or YIX Fitness On Demand account);
Communicate with you about your orders or any inquiries you may have submitted to us;
Tell you about new products, goods or services, including if you started a transaction with us and provided your information, but did not finalize your order;
Service and manage your accounts, or contact you about your accounts;
Address a problem or issue affecting your use of any YIX Fitness Services, or to inquire about or verify information concerning a transaction;
Assist you with your health and wellness goals, such as providing you with advice and feedback on your goals, and connecting you with individuals who share your interests;
Improve any YIX Fitness Services and related advertising or materials;
Enhance and personalize your YIX Fitness experience on any YIX Fitness Services, and control the frequency of advertisements to your device;
Target advertising or promotions that may be of interest to you, such as e-mails, direct mail, banner ads, splash ads (ads that appear as you sign in or out of your online accounts) or promotions based on your demographic profile, interests, or location;
Send you emails and other communications about YIX Fitness’s or any of our business partners’ products or services that we think you may find useful, or to see if you are interested in participating in surveys, market research or other inquiries;
Administer contests, promotions, events, surveys or other features;
Improve, personalize, and optimize your website browsing and mobile application experiences by examining which parts of our website you visit or which aspect of our mobile applications you find most useful, and to improve existing or develop new products and services;
Operate, improve and maintain our YIX Fitness Services, including for data analysis, such as user behavior and trends, and diagnose problems with our server and administer our websites;
Assist us in taking data security precautions and to engage in fraud prevention, detection, and remediation;
Carry out other purposes which are disclosed to you and to which you consent;
Undertake statistical analysis and research, and for demographic profiling purposes; or
Comply with applicable international, federal, state, provincial/territorial and local laws, directives, rules, regulations, and ordinances; civil, criminal or regulatory investigations; or other legal requirements, such as court orders.
Apple HealthKit Data: YIX Fitness will not use or share health data collected through Apple HealthKit for marketing purposes.
What About Cookies, Pixel Tags and Third Party Tracking Tools?
Cookies: Like almost every company, YIX Fitness and others use a technology commonly known as a “cookie”, which is a small data file our server places on your computer or mobile device to recognize your device and provide personalized features and advertisements. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information. Through cookies, we are able to collect information that we use to improve our websites and mobile applications, improve your overall experience on them, and personalize your experiences and advertisements. For example, through cookies, we can keep count of return visits to our website or our advertisers’ or partners’ websites, collect and report on aggregate statistical information, authenticate your login credentials, and manage multiple instances of our websites in a single browser. We may also collect other data through cookies, such as the page or website that referred you to us, the date and time you visited us, and your current IP address. The cookies we place on your hard drive are known as “first-party cookies” and any cookies placed by third parties are called “third party cookies.” Third party cookies enable third party features or functionality to be provided on or through the website (e.g., advertising, interactive content and analytics). The parties that set these third party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.
Do Not Track Signals: Some web browsers offer a “Do Not Track” signal that is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. Like many other websites and online services, we do not currently alter our practices when we receive Do Not Track signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites or online services, as there is no consensus among industry participants as to what “Do Not Track” means in this context. To find out more about “Do Not Track,” you may wish to visit http://www.allaboutdnt.com/.
Does YIX Fitness Share the Information and Data it Receives?
We value the trust our customers place in us to safeguard their personal information. We share personal information we collect with your consent and as described below:
Third-Party Service Providers: We utilize third party companies and individuals to perform business functions on our behalf to better serve you. For example, we use third parties to help us make our products and services available to you, fulfill orders you may have placed, process credit card payments, provide customer service, ship postal mail, deliver your packages, conduct market research or information analysis, manage promotions, and contact you in connection with various YIX Fitness Services. In these instances, we may need to provide your information to these third parties for such purposes.
Assignment to a Team YIX Fitness Coach and/or Master Trainer: To maximize the benefits of our products and services, we assign an independent Team YIX Fitness Coach (a “Coach”) to all customers who agree to a Team YIX Fitness Club membership or who consent to be contacted by a Coach. Your assigned Coach is available to assist you in understanding and using the products you ordered, and help give you the motivation you need to help you achieve your fitness goals. To help you both get in contact, your assigned Coach will receive access to certain information you provided during your purchase process, such as your name, address, phone number, e-mail address and the names of the products you purchased. Your Coach may contact you to offer support, and provide general information and marketing materials. Please note that YIX Fitness will never provide your assigned Coach your credit or debit card information or, if you provided it, your Social Security number/Social Insurance number. If you joined YIX Fitness LIVE!, we may provide certain basic information to the Master Trainer assigned to train you during your training, such as your name, e-mail address and phone number.
Related Companies; Third Party Offers: YIX Fitness occasionally partners with third parties to learn more about our customers so we can service you better or offer products or services that we feel may be useful to you (“Related Company”). In such case, we may disclose to a Related Company certain information, such as your name, e-mail, billing or shipping address, products purchased and price. If you request information from a Related Company, we may disclose additional information such as your e-mail address, phone number and other contact information, so the Related Company can provide you with the information you requested. If you purchased a product or service from a Related Company, we will also disclose your credit card information so they can complete your purchase. We may disclose aggregated, de-identified information to Related Companies: (i) so the Related Companies can provide you with advertisements tailored to your interests; (ii) for statistical analysis, research, and demographic profiling purposes; and (iii) to support our business and improve our mission to help our customers achieve their health and wellness goals.
Protection of YIX Fitness and Others: We may share your information, including personally identifiable information, in order to: (i) protect or defend the legal rights or property of YIX Fitness, or the legal rights of our customers, Coaches, business partners, employees, agents, and contractors; (ii) protect the safety and security of our customers, Coaches or members of the public, including acting in urgent circumstances; (iii) detect and protect against fraud and identity theft or to conduct risk management; (iv) comply with laws, legal process, or legal requests from any governmental or regulatory body; or (v) to enforce or apply our website Terms and Conditions and/or other agreements.
De-identified Data Disclosures: We may also disclose non-identifying transaction information to third parties for the purpose of accounting and record keeping. We may also disclose aggregated, de-identified user data or non-personal information with business partners, advertisers, and others.
What About Third-Party and Advertisers’ Services?
At various points and pages on our websites or mobile applications, you may be able to access or utilize services offered by or in conjunction with third parties. This includes services in connection with third-party “social media” and other sites that would allow personal information to be transferred to such third parties (for example, Facebook Connect), Coaches, and others.
These third parties have separate data collection and privacy practices independent from ours, so please review their privacy policies to understand your rights. For this reason, YIX Fitness cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy practices.
How Secure is Information About Me?
YIX Fitness has implemented and uses reasonable security measures designed to help prevent the loss and unauthorized access of your information. Despite these efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against interception or to be absolutely secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or our online services. If you suspect a website or mobile application is pretending to be that of YIX Fitness’s (also known as “spoofing”), do not enter any personal information, but please let us know by e-mailing CyberSecurity@YIX Fitness.com. Personal information may be accessed by persons within our organization, or our third party service providers, who require such access to carry out the purposes indicated above, or such other purposes as may be permitted or required by the applicable law. Personal Information we collect is maintained in the United States.
What Happens to My Information if YIX Fitness is Sold to or Merges With Another Company?
As we continue to develop and grow our business or in the unlikely event of a bankruptcy, we might sell one or more of our assets, subsidiaries or business units. In such transactions, customer information is typically one of the transferred business assets.
Users Based Outside of the USA; Transfer of Personal Information
How Can I Access or Update My Information?
We want to be sure your personal information is kept accurate and complete, and for this reason we ask that you inform us in the event of any changes to your information. If you provided your information directly to YIX Fitness, you may access or update certain personal information by calling our Customer Service at (800) 470-7870 or logging into your Team YIX Fitness account if you created one. When calling Customer Service, please have your e-mail address and order information available. We will use commercially reasonable efforts to respond to your request to access or update your information. Please note that certain access may be subject to a fee.
Your Privacy Choices: Opt-Out
Marketing: We offer you various ways to opt-out of receiving certain communications from us. If you would like to opt-out of receiving e-mail marketing communications from us, you may click the “Unsubscribe” link found at the bottom of YIX Fitness marketing e-mails that we send and follow the easy instructions to opt-out, or you may click the “Preferences” links to update your e-mail settings. If you would like to opt-out of receiving marketing phone calls, you can inform the agent with whom you speak that you would like to be placed on YIX Fitness’s “Do Not Call” list. If you would like to opt-out of any YIX Fitness text message campaign, please follow the instructions provided when you opt-in to the campaign; typically, responding “STOP” to your specific short code will opt you out of the campaign for which you signed up.
Online Advertising: To learn some of the ways that you can opt-out of targeted online advertising, see the section above titled “What About Cookies, Pixel Tags and Third Party Tracking Tools?” for more information.
Notice to New York Residents – Your New York Privacy Rights (As Provided by New York Civil Code section 1798.83).
A New York resident who has provided Personal Data, as defined under New York Civil Code section 1798.83, to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “New York Customer”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of Personal Data, upon receipt of a request by a New York Customer, the business is required to provide a list of all third parties to whom Personal Data was disclosed in the preceding calendar year, as well as a list of the categories of Personal Data that were disclosed. New York Customers may request further information about our compliance with this law by e-mailing Privacy@YIX Fitness.com. Please note that we are required to respond to one request per New York Customer each year, and we are not required to respond to requests made by means other than through this e-mail address.
Contacting YIX Fitness
Please feel free to share any comments, concerns, complaints, or questions with us:
Chief Legal Officer
YIX Fitness, LLC – Attn: Legal Department
302 Northern Blvd.
Albany, NY 12204
or email us: Privacy@YIX Fitness.com