A) European Union Residents
If you reside in a country in the European Economic Area or in Switzerland, then information we collect from you may be subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”), and the following additional information is provided for your benefit.
Wodify processes your Personal Information (as defined below) on behalf of your gym, which is Wodify’s customer. As a result, under the GDPR, Wodify is a processor of your Personal Information, and your gym is the controller of your Personal Information. Please contact your gym if you have questions or concerns regarding the use of your Personal Information.
If you use the Wodify Apps, you acknowledge that your Personal Information is being processed by Wodify in order for Wodify to fulfill its contractual obligations as a service provider to your gym. You further acknowledge and consent to your information that is gathered through the Wodify Apps being transferred to, used in, and stored in the United States. You may withdraw your consent at any time by following the instructions in the Accessing/Updating/Deleting Your Personal Information section below, but this will not affect the lawfulness of processing based on consent before its withdrawal. However, as a technical matter, if you do withdraw your consent or if you decline to provide your Personal Information to us, this may hinder or prevent certain features and functionalities of the Wodify Apps from working as intended. You have the right to file a complaint relating to the processing of personal data with a supervisory authority.
B) Accessing/Updating/Deleting Your Personal Information
If you would like to delete, update, or access the Personal Information we have collected from you, and/or deactivate or delete your Wodify account, you can send an email to email@example.com. You should also direct such requests to your gym. Additionally, if your Personal Information is subject to the GDPR, you may have certain additional rights, including the right of restriction of processing of personal data, and the right to object to the processing of personal data. Please send an e-mail to firstname.lastname@example.org for more information.
When you register for, or use our Wodify Apps, we collect Personal Information. By “Personal Information” we mean information that can identify or reasonably be linked to an individual, such as:
You may choose not to provide Personal Information, or to prevent the Wodify Apps from accessing certain features of your device (subject to the controls offered by your browser’s and/or mobile device’s operating system), but this may prevent you from receiving certain features of the Wodify Apps.
We also collect non-Personal Information relating to the Wodify Apps, that is, information that does not relate to you as an identifiable individual, and cannot identify you directly or indirectly. The non-Personal Information we collect includes how you interact with the Wodify Apps, information generally collected or “logged” by Internet websites or Internet services when accessed or used by users, and information about your web browser or device accessing or using the Wodify Apps.
Examples of the non-Personal Information we collect are:
We will retain your Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include the length of time we have an ongoing relationship with you, when we have a legal obligation to which we are subject or as advisable in light of legal requirements.
We may use the information we collect to:
We may disclose your Personal Information to third parties as described below.
The main reason we need to disclose your Personal Information is to provide the Wodify Apps to you and to provide our services to your gym, our customer. This may include disclosures to third-parties that are made in accordance with our contracts with your gym, so long as such third parties are under duties of confidentiality to Wodify. We may also disclose Personal Information when you authorize or instruct us to do so, for example when you use the Wodify Apps to submit content or profile information. Certain Wodify Apps are a social experience, so your information may be disclosed to other users if you choose to engage in the social features of the Wodify Apps. We may also disclose Personal Information and non-Personal Information to companies, agents, contractors, service providers, or others engaged to perform functions on our behalf (such as processing of payments, provision of data storage, hosting of our website, conducting audits, and performing web analytics). We may incorporate third party software into the Wodify Apps, in which case we may disclose Personal Information and/or Non-Personal Information to the third-party software provider, subject to duties of confidentiality.
We may also disclose your Personal Information to third parties when we believe, in good faith and in our sole discretion, that such disclosure is reasonably necessary to (a) enforce or apply the terms and conditions of the Wodify Apps, including investigation of potential violations thereof, (b) comply with legal or regulatory requirements or an enforceable governmental request, (c) protect the rights, property or safety of us, our users or other third parties, (d) prevent a crime or protect national security, or (e) detect, prevent or otherwise address fraud, security or technical issues.
Finally, we reserve the right to transfer information (including your Personal Information) to a third party in the event of a sale, merger, or transfer of all or substantially all of the assets of our company relating to the Wodify Apps, or in the unlikely event of a bankruptcy, liquidation, or receivership of our business. We will use commercially reasonable efforts to notify you of such transfer, for example via email or by posting notice in the Wodify Apps.
Lastly, we may also disclose non-Personal Information, aggregated with information about our other users, to our clients, business partners, merchants, investors, potential buyers and other third parties if we deem such disclosure, in our sole discretion, to have sound business reasons or justifications.
Every time you use the Wodify Apps (e.g., to navigate to a specific page or location within a Wodify App), we collect non-Personal Information (discussed above in Section 2) regarding that use. For example, to improve our Wodify Apps, we collect how, when, and which parts of the Wodify Apps or its features you use, which social media platforms you connect to the Wodify Apps, and when, how, and what you post to the social media platforms through the Wodify Apps. Also, we may use your device’s unique identifier (UDID), media access control address (MAC Address), or other unique identifiers to assist us in collecting and analyzing this data.
To assist us in collecting and storing this non-Personal Information, we may employ a variety of technologies, including “Cookies,” local browser storage, and “Web Beacons.” A “Cookie” is a small amount of data a website operator, or a third party whose content is embedded in that website, may store in your web browser and that the website operator or, as applicable, the third party, can access when you visit the website. A Cookie may also refer to web-browser-based storage provided by Adobe’s Flash plugin (a “Flash Cookie”). A “Web Beacon” is a small, usually-transparent image placed on a web page that allows the operator of that image, which may be the operator of the website you visit or a third party, to read or write a Cookie.
More information about managing Cookies is available here. Cookie management tools provided by your browser may not affect Flash Cookies. More information about managing Flash Cookies is available here. To learn how to manage privacy and storage settings for your local browser storage, please refer to the end user documentation for your browser and/or mobile device.
To help us collect this information, we use third-party software and services. These third parties’ collection and use of non-Personal Information are subject to their own privacy policies.
You may request access to your Personal Information by sending an email to email@example.com. We will try to locate and provide you with your Personal Information and give you the opportunity to correct this data, if it is inaccurate, or to delete it, at your request. But, in either case, we may need to retain it for legal reasons or for legitimate business purposes. You may also remove any content that you post to the Wodify Apps using the deletion or removal options within the Service. However, we (and you) are not able to control information that you have already shared with other users or made available to third parties through the Wodify Apps.
If you need further assistance with removing any content you posted through the Wodify Apps, you can email us at firstname.lastname@example.org. Removal of your posted content may not ensure complete or comprehensive removal from our computer systems.
To protect your privacy, we will take reasonable steps to verify your identity before granting access to or making any changes to your Personal Information. We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, would be extremely impractical (for instance, requests concerning information residing on backups), or relate to information that is not associated with your Personal Information. In any case, where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
Please be aware that if you request us to delete your Personal Information, you may not be able to continue to use the Wodify Apps. Also, even if you request that we delete your Personal Information, we may need to retain certain information for a limited period of time to satisfy our legal, audit and/or dispute resolution requirements.
We support the development and implementation of a standard "do not track" browser feature that provides customers with control over the collection and use of information about their web-browsing activities. Once a standardized "do not track" feature is released, we intend to adhere to the browser settings accordingly.
We do not knowingly collect or solicit Personal Information from anyone under 13 years of age without parental consent. If you believe that we have collected Personal Information from a child under 13 years of age without parental consent, please contact us at email@example.com.
We utilize reasonable information security measures to safeguard your Personal Information against unauthorized access, modification, or destruction. For example, we utilize Secure Socket Layer (SSL), Transport Layer Security (TLS), or similar encryption technology when sensitive data is transmitted over the Internet, and use firewalls to help prevent external access into our network. However, no data transmission over the Internet and no method of data storage can be guaranteed to be 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its security.
We restrict access to Personal Information to our employees, contractors, and agents who need to know that information in order to operate, develop, improve or support our Wodify Apps. If we share Personal Information with service providers, we require that they also use reasonable information security measures to safeguard your Personal Information, comply with any applicable laws or regulations with respect to information security, and only use your Personal Information for the purposes for which we share it with them.
As you may know, California recently passed a new privacy law, the California Consumer Privacy Act of 2018 (“CCPA”). Under the CCPA, Wodify is a “service provider” of your gym, which may be a “business” covered by the CCPA. As a “service provider”, Wodify processes your Personal Information in order to provide its services to your gym, and in order to facilitate your interactions with your gym, Wodify, and Wodify’s software. To learn more about rights that you may have under the CCPA, such as the right to request information about the types of your Personal Information that has been collected, the right to request that your information be deleted, and the right to opt-out of the sale of your information, please contact your gym.
Wodify and the Wodify Apps comply with the CCPA and other applicable laws. If you’d like to make a request to Wodify regarding your information, please contact firstname.lastname@example.org, and we will reasonably try to accommodate your request unless we are prevented from doing so as a result of applicable law or a significant legitimate interest of Wodify. Please also note that, depending on the nature of your request, the fulfillment of your request may hinder or prevent Wodify’s ability to provide you with certain features and functionalities of the Wodify Apps.
Please note that the Wodify Apps may link or integrate with third-party sites, services or apps. We are not responsible for the privacy or security policies or practices or the content of such third parties. Accordingly, we encourage you to review the privacy and security policies and terms of service of those third parties so that you understand how those websites collect, use, share and protect your information.
Wodify Technologies, LLC
1100 Ludlow Street, Suite 502
Philadelphia, PA 19107