Privacy Policy

Myx Fitness, LLC Privacy Policy
For Residents of the United States and Canada


Last updated: January 1, 2023

Myx Fitness, LLC (collectively, “Myx Fitness”, “us”, “we” or “our”) provide you with this Privacy Policy because we want you to know how we may collect, use, share and keep information about you, and the choices and privacy rights that are available to you.

Please don’t hesitate to contact us at any time if you have any questions regarding the contents in this Privacy Policy by emailing Privacy@MyxFitness.com.

Table of Contents

When Does this Privacy Policy Apply?

What Information Is Collected About You Through Myx Fitness Services?

How Does Myx Fitness Use the Information It Collects?

What About Cookies and Third-Party Tracking Tools?

Third-Party Advertising and Analytics Providers and Similar Third Parties

How Does Myx Fitness Share the Information and Data it Receives?

What About Third-Party Content and Links?

How Secure is Information About Me?

What Happens to My Information if Myx Fitness is Sold to or Merges With Another Company?

Users Based Outside of the USA; Transfer of Personal Information

How Can I Access or Update My Information?

Your Privacy Choices: Opt-Out

General Audience Site

Changes to This Privacy Policy

California Privacy Notice

California "Shine the Light"

Notice to Virginia Residents

Notice to Canadian Residents

Contacting Myx Fitness

When Does this Privacy Policy Apply?

This Privacy Policy applies whenever we collect information from or about you when you visit, access, use or otherwise interact with any of our websites, mobile or device applications, equipment interfaces, content, products, services, software, technology and any other materials (including when you make a purchase, stream content, use our products, goods or services, take part in promotions, contact us, or otherwise interact with us) (collectively, “Services”). Some of this information may be considered “personal information” or “personal data,” and some of which may be considered “sensitive,” under various applicable laws.

This Privacy Policy also applies to information we may receive from our parent and affiliated companies in connection with providing Services to you.

What Information Is Collected About You Through Myx Fitness Services?

We consider information that identifies you as a specific, identified individual (such as your name, phone number, and email address to be personal information. We will also consider certain non-specific information as personal where expressly required by applicable laws (such as IP address and cookie identifiers). Note that we may de-identify or pseudonymize personal information so that it is non-personal, such as aggregating or converting it to a code, sometimes using a function commonly known as “hash.” We maintain and use de-identified data without attempting to re-identify it, except where permitted by applicable law, such as to determine whether our de-identification processes satisfy legal requirements. If we combine non-personal information with personal information, then we will treat the combined information as personal information under this Privacy Policy.

The information we receive from and collect about you helps us provide the Services, and personalize and continually improve your experience using the Services and our business. Here are the general types of personal information we (and certain third-parties) may gather:

Information You Give Us:

  • Sources of Information You Give Us: We receive, store and process personal information you provide to us when you purchase or use the Services, set up an account, enter information on our websites or message boards, communicate with us over phone, email, 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:
  • Contact information: name, shipping, billing, and/or business addresses; phone number; email address; social media username
  • Log-in information: username and password information;
  • Payment information: credit or other payment card information;
  • Demographics information: gender; date of birth; interests, preferences, inferences, profile data, and survey response data;
  • Purchase history: products you may have purchased from us and others and price of such products
  • Fitness and wellness information:
    • Physical information (e.g., weight, waist, hip and bicep measurements, fitness level, exercise preferences, etc.);
    • Food and nutritional information (e.g., types of food and beverages consumed, nutritional supplement and water intake, and any related caloric, fat, fiber, cholesterol and other information);
    • Metabolic information (e.g., heart rate, and caloric and fat burn through exercise, and other related information);
    • Fitness and activity information (e.g., workout history and the types and number of workouts you may be using, workout and activity tracking, music played, hours exercised, etc.).
  • General feedback and content: general feedback, content and photos (e.g., your goals, content you post on message boards or feeds, photos you upload into the Services, or information you submit about our products, goods or services);
  • If you apply to join our Affiliate Program, we may also collect information about your business, such as your organization's name, email address, street address, telephone number, payment information, 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.);
  • Address book information: contacts on your mobile device, but only with your permission so that you can locate your friends and contacts on or within the Services and invite your friends to use the Services (note, we will only use your contacts for this purpose);
  • Refer-a-Friend features: you may choose to provide us with contact information for a friend to help them learn more about us or to utilize a social feature of the Services (please note, if you disclose personal information relating to other people to us, you represent that you have the legal authority to do so and to permit us to use the information in accordance with this Privacy Policy.);
  • Chat Boxes: When you participate in our chat feature, Myx Fitness can record and use your communications and the information you provide in order to assist you during the chat, to improve our products and services, and for marketing purposes;
  • If you enable Apple’s Healthkit Application when using Myx Fitness Services, Myx Fitness may send and receive fitness and wellness data to and from Apple’s Healthkit Application to help track your workout activity and enhance your overall experience using Services. Myx Fitness will not use or share health data collected through Apple HealthKit for marketing purposes. For example, we may collect and display fitness data, such as heart rate, and use it to estimate your calorie burn while performing exercises with our and our affiliated company’s programs.

Information We Automatically Receive:

  • Sources of Information We Automatically Receive: We and our third-party service and business partners automatically receive and store certain technical information about your device and systems you use to connect with and interact with us (“Usage Information”). For information on cookies and other tracking by us and others, please refer to our “Cookies” section below. We may use software tools such as JavaScript to collect information about visits to our website. We may also automatically collect information about you through our mobile apps.
  • Examples of Usage Information We Automatically Receive When You Use The Myx Fitness Services: This includes without limitation:
    • Device identifiers: your Internet protocol (IP) address (the number used to identify your computer or modem to the Internet, which can potentially identify your location and Internet Service Provider), and cookie identifiers;
    • Device, system, and usage data: browser type, device ID and type, device screen size, version and time zone setting, operating system; information about your activities on our websites, including the Uniform Resource Locator (URL) from which you came to our websites and the URLs that you visited on our websites; cookie identifier; products you viewed or searched for; the phone number you used to call us; pixel tag data as described below; session information, including 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. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.
    • In addition, we may record your interactions with Myx Fitness’ user interfaces, including, what pages you visit on our websites and how long you visit those pages, the links you click, and your path through our website. We capture this for website analytics purposes, our internal business purposes, to improve the Services as well as to address functionality issues.
  • Mobile and Connected Device Information: When you first launch any of our applications that collect location information or access your camera, microphone, or other device services or hardware, you will be asked to consent before the application does so. If you initially consent, you can subsequently stop the collection or access at any time by changing the preferences on your mobile device. If you do so, our mobile applications, or certain features within the application, may no longer be able to provide specific features or services that require those consents to function. Please review your device settings for more information.
  • Examples of Mobile and Connected Device Information We Collect: This includes without limitation the same types of data that we collect through our websites as described above, and the following:
    • Mobile device identifiers: mobile device IDs, including AdIDS;
    • Mobile device, system, and usage data: mobile carrier provider, the types of mobile devices and mobile operating systems accessing the application, and information that we may obtain from device features you allow us to access such as photos and voice data;
    • Location Data: precise geolocation information (if you enabled this feature).

Information We Obtain From Third-Party Sources:

  • Sources of Information We Obtain From Third-Party Sources: We may receive information about you such as contact information and demographics information from other sources. In addition, we may combine information you give us with other information from these sources.
  • Examples of Information We Obtain From Third-Party Sources: These sources include without limitation the following categories:
  • Our vendors: contact information and demographics that you provide to or through our vendors, such as through our email and text message campaigns;
  • Payment service providers: payment information such as updated credit card number and expiration dates from your bank or credit card company, as well as transaction information, which we use to keep our records current and service you better;
  • Delivery service providers: delivery details such as updated delivery, contact information, 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;
  • Social media services: information that you publicly post on our and your social media pages (e.g., our Facebook®, Instagram®, and Twitter® pages), such as your contact and demographic information, such as likes, interests, preferences, comments, suggestions, and opinions, fitness and wellness information, general feedback and content;
  • Other third-party sources (including data aggregators and public databases):transactional data from third-party purchases (e.g., when you purchase our products from approved third-parties, such as Amazon); contact information, demographics information, including profile data; information about products or services purchased from other companies; and information from third-party services that you integrate within the Services. We may supplement the information you provide to us with the information we collect from third-parties.

How Does Myx Fitness Use the Information It Collects?

Myx Fitness may use the information provided above in various ways, including without limitation, for the following business and commercial purposes:

  • Process and fulfill your requests or orders, including to verify your identity and/or location to allow access to your accounts
  • Communicate with you about administrative matters, or your orders or any inquiries you may have submitted to us or other customer service issues
  • Tell you about new products, goods or services, including sending a reminder 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
  • Troubleshoot and/or address a problem or issue affecting your use of the MYX 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 information and feedback on your goals, tracking your progress with fitness and nutrition, and helping you connect with individuals who share your interests so you can stay motivated toward reaching your goals
  • Improve the MYX Fitness Services, such as the look and feel of our apps or websites, and related advertising or materials
  • Enhance and personalize your experience on the MYX Fitness Services, such as trainers calling out your name, progress and statistics when you take a live class; and control the frequency of advertisements to your device
  • Target content, advertising or promotions that may be of interest to you, such as emails, 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 with offers about Myx Fitness, BODi, Openfit, 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, market research, 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 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, where required by law, to which you consent
  • Undertake statistical analysis and research, and for demographic profiling purposes
  • 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.

What About Cookies and Third-Party Tracking Tools?

  • Cookies: Like almost every company, we use cookies and similar technologies to operate our websites and online services and to collect data. Cookies are small text files placed on your computer or mobile device to store data that can be recalled by a web server in the same domain that placed the cookie. The text in a cookie is a string of numbers and letters that uniquely identifies your device and can contain other information as well. We use cookies to recognize your device, store your preferences and settings, enable you to sign-in, provide internet-based advertising, combat fraud, analyze our products, and perform and fulfill other legitimate purposes.

  • Pixel Tags: Certain Services and websites contain electronic images known as pixel tags (also called web beacons or gifs) that we use to help deliver and recognize cookies on our websites, count users who have visited those websites, and gather usage and performance data. We also include pixels in our emails to tell if you open and act on them.

  • Embedded Scripts:An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third-party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.
  • Mobile device IDs: Our mobile apps may use device IDs to help conduct analytics and deliver ads. Apple and Android-based and other mobile devices may generate a mobile advertising identifier that can be accessed by apps and used by advertisers in much the same way that cookies are used on websites

Third-Party Advertising and Analytics Providers and Similar Third Parties:

Certain Services include pixel tags and cookies and mobiles IDs from third-parties (such as analytics companies, network advertisers, ad agencies, and others) who collect and provide us with information about the Services, users, and our advertisements, and who serve our advertisements on the Services and elsewhere online. In some cases, a third-party uses cookies and pixel tags or mobile IDs to provide services on our behalf, such as site analytics. In other cases, third-parties use cookies and pixel tags or mobile IDs to track interaction with and the effectiveness of content and advertising (such as videos, news content) and target ads to you. When your browser connects to a third-party’s web server to retrieve content or pixel tags, that third-party is able to set or read its own tracking technologies (including cookies and web beacons) on your device and may otherwise use those technologies to collect or have access to information about your online activities over time and across different websites or online services. We may also share (or permit third-parties to collect) certain information, such as Usage Information, aggregated, de-identified, pseudonymized, or hashed information (including email addresses), with these third-parties for similar purposes.

Here are ways you can opt-out of and/or control the tools described above:

  • Opt-out: To opt-out from third-party collection or use of cookie data for online advertising purposes, please navigate to the bottom of the our website, click the “Do Not Sell My Info” hyperlink, turn on the toggle switch and click “Save.” Please note, if you use different computers or browsers, you may need to indicate your opt-out choices again on those computers and browsers.
  • Industry opt-out: Many of these companies are also members of associations, which provide a simple way to opt out of analytics and ad targeting, which you can access at:
    • United States:
    • Canada: Digital Advertising Alliance of Canada (https://youradchoices.ca/)
      • Browser cookie controls: Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our website. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.
    • Pixel Tag Controls: You can disable pixel tags in emails by changing the settings on your email client to prevent the automatic downloading of images.
    • Mobile Ad ID controls: Each operating system provides options to limit tracking and/or reset the advertising ID. For information about the DAA's AppChoices application, visit: https://youradchoices.com/appchoices. You may opt-out from interest based advertising on your mobile device through your mobile device settings.
    • Google Analytics: We may also use Google Analytics, which uses cookies and other technologies to collect and analyze information about use of the site and provide other reports. This service may also collect information regarding your use of other websites, apps, and online resources. For information about opting out from Google, click here, or visit https://support.google.com/ads/answer/2662922 and to download the Google Analytics opt-out browser add-on from Google, click here or visit https://tools.google.com/dlpage/gaoptout.
  • Do Not Track Signals: Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, Services do not currently respond to browser DNT signals except as specifically required by law. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described above. To find out more about "Do Not Track," you may wish to visit http://www.allaboutdnt.com/.
  • Global Privacy Control: Global Privacy Control (“GPC”) is a technical specification in your browser settings that you can use to automatically inform websites of your privacy preferences with regard to third-party online tracking. To find out more and set up GPC, click here.
    • If you are a California resident, please see our “California Privacy Notice” below for more information about your rights.
    • If you are a Virginia resident, please see our “Notice to Virginia Residents” below for more information about your rights.

How Does Myx Fitness Share the Information and Data it Receives?

We share personal information we collect as described below:

  • Third-Party Service Providers: We disclose any of the categories of personal information described in this policy to third-party companies and individuals for business purposes performed on our behalf to better serve you. For example, we use third-parties to help us make our products and services available to you and to run our business, 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, respond to your questions or requests for information, or to contact you in connection with various Services. In these instances, we may need to provide your information to these third-parties for such purposes.
  • Parent, Affiliates and Subsidiaries: Since Myx Fitness supplies equipment that is used in connection with services provided by our parent and affiliated/subsidiary companies, Myx Fitness may share information with our parent (Beachbody, LLC) and certain affiliates and subsidiaries (such as Openfit, LLC or Team Beachbody Canada LP) depending on which products and services you integrate with the Myx Fitness Services. When Myx Fitness collects information, it will be accessible to these related companies and may be used for business, operational, and marketing purposes in accordance with each of those entities’ privacy policies.
  • When You Agree to Receive or Direct Us to Share Your Information: We may share information when you direct us to do so. For example, you may choose to take advantage of third-party warranty, financing or other offers, or integrate third-party services with the Services; or engage with social media features or other third-party applications or features. In each of these instances, information about you and/or your transactions may be shared. Please note that we are not responsible for the privacy practices of third-parties. If you later decide that you no longer want to receive communications from a third-party, you must contact that third-party directly.
  • Administrative and Legal Reasons; Protection of Myx Fitness and Others: We may share your information, including personally identifiable information, in order to: (i) protect, enforce or defend the legal rights or property of Myx Fitness, or the legal rights of our customers, business partners, Myx Fitness Partners, employees, agents, and contractors; (ii) protect the safety and security of our customers, 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 or Pseudonymized Data Disclosures: We may also disclose de-identified or pseudonymized information, such as aggregated or hashed information with third-parties in our discretion (such as business partners, advertisers, and others) and as allowed by law, including for targeted advertising purposes. We will treat de-identified or pseudonymized data as non-personal to the fullest extent allowed under applicable law.

What About Third-Party Content and Links?

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), 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, Myx 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?

Myx 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. You can help protect your personal information by not reusing any passwords you use in connection with your Myx Fitness accounts. If you suspect a website or mobile application is pretending to be that of Myx Fitness (also known as “spoofing”), do not enter any personal information, but please let us know by emailing Privacy@MyxFitness.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.

What Happens to My Information if Myx 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, merger or other transaction, we might sell transfer, or assign one or more of our assets, subsidiaries or business units. In such transactions, customer information is typically one of the transferred business assets. Customer information may also be disclosed in connection with due diligence or in preparation of a potential sale or investment. By providing your personal information, you agree that we may transfer such information for these purposes without your further consent.

Users Based Outside of the USA; Transfer of Personal Information

Myx Fitness is a company located in the United States and the personal information we collect is maintained in the United States. Like most websites and businesses, our websites may be accessed by an international audience. By visiting our websites, using our applications, and/or providing us with any data, you agree we may collect, process, use, and store your personal information as discussed herein, outside your resident jurisdiction (such as the U.S. or Canada). Our Myx Fitness Partners and third-party service providers may also be located outside of your jurisdiction. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions. Please note that U.S. law and those of other countries where your information may be stored and processed may offer different levels of protection for your information than your home country. We will take all reasonable steps to ensure that such personal information is treated securely and in accordance with this Privacy Policy.

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 us, you may access or update certain personal information by visiting the applicable section within your Myx Fitness account. We will use commercially reasonable efforts to respond to your request to access or update your information.

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 email marketing communications from us, you may click the “Unsubscribe” link found at the bottom of our marketing emails that we send and follow the easy instructions to opt-out, or you may click the “Preferences” links to update your email 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 our “Do Not Call” list. If you would like to opt-out of any 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 and Third-Party Tracking Tools?for more information.
  • Push Notifications: If you have accepted push notifications through our mobile application, you can also turn off push notifications in your device settings.
  • If you are a California resident, please see our “California Privacy Notice” for more information about your rights.

General Audience Site

The Services are intended for a general audience and is not designed or intended for use by or targeted to children younger than the age of 16. We do not knowingly collect personal information from children younger than the age of 16. However, in all cases, if you are younger than the age of 18, you may use the Services (and any related equipment or features) only with the consent and supervision of a parent or guardian.

Changes to This Privacy Policy

Myx Fitness may modify this Privacy Policy at any time effective upon its posting on our websites, subject to applicable law. Your continued business relationship with us, or use of any of our Services after the changes are posted constitutes your acceptance of any changes, both with regard to information we have previously collected from you and information we may collect from you in the future.

California Privacy Notice

This California Privacy Notice is Updated and Effective as of January 1, 2023.

This California Privacy Notice supplements the Myx Fitness Privacy Policy and applies only to California residents. This California Privacy Notice sets forth the disclosures and rights for California Consumers regarding their Personal Information, as required by the California Consumer Privacy Act of 2018 (“CCPA”), the California Privacy Rights Act of 2020 ("CPRA"), and any implementing regulations adopted thereunder. Terms (including defined capitalized terms) used in this California Privacy Notice have the same meanings given in the CCPA and CPRA and the associated regulations, unless otherwise defined herein.

EXERCISING YOUR CALIFORNIA RIGHTS
California Consumers have the right to request: (1) that we disclose to you what Personal Information we collect, use, disclose, and sell, including the right to request that we provide to you the categories and specific pieces of Personal Information we have collected about you ("Right to Know"); (2) that we delete the Personal Information we collect about you ("Right to Delete"); (3) that we correct inaccurate Personal Information we hold about you (“Right to Correct”); (4) to opt-out of the sharing of your Personal Information and Sensitive Personal Information to a third-party for cross-context behavioral advertising (i.e., targeted advertising) (“Right to Opt-Out of Sharing”); (5) to opt-out from the sale of their Personal Information and Sensitive Personal Information (“Right to Opt-Out of Sale”); and (6) that we limit the use or disclosure of your Sensitive Personal Information to purposes set forth in the statute, including that use which is necessary and anticipated to perform the Services or provide the goods reasonably expected by an average consumer who requests those goods or Services (“Right to Limit The Use and Disclosure of Sensitive Personal Information”), all subject to the meanings and exceptions set forth in the CCPA and CPRA. More information on each of these rights is below.

In your request, you must provide enough information to allow us to verify you are the person about whom we collected personal information, or their authorized representative. You must also describe your request with enough detail so that we can understand, evaluate, and respond to it. We can’t respond to your request if we can’t verify your identity. Making such a request does not require you to create an account with us, and we will only use the information you provide in a request to verify your identity.

Verifying Requests
We will take reasonable steps to verify your identity based upon the information you provide and the type of request you are making. When you exercise your Right to Know, Right to Delete, and/or Right to Correct, we may ask that you provide us with information, beyond your full name, in order to verify your identity and fulfill your request. If we are unable to verify that the individual submitting the request is the same individual about whom we have collected information (or someone authorized by that individual to act on their behalf), we will not be able to process the request. Pursuant to the CPRA, we will not require you to verify your identity, beyond asking for the information necessary to complete your request, when you exercise your Right to Opt-Out of Sharing or Right to Opt-Out of Sale.

Authorized Agents
If you are an authorized agent submitting a request on a user’s behalf, please complete the applicable request per the instructions below. We will follow up to request a signed, written permission signed by the individual who is the subject of the request authorizing you to make the request on their behalf. The written permission must state your full legal name, the full legal name of the individual who is the subject of the request and must be clear about the permission granted. Alternatively, you as authorized agent may submit a copy of a power of attorney under Probate Code sections 4000-4465. In either case, please also indicate in your email the nature of your request. The consumer’s identity, in addition to your own as an authorized agent, will need to be independently verified in order for us to be able to fulfill your request. We may also ask the consumer to directly confirm with us that they provided you permission to submit a request. Please keep in mind that if we do not receive adequate proof that you are authorized to act on the consumer’s behalf, we may deny the request.

Right to Know
California Consumers have the right to know what information we have collected about you (the categories and the specific pieces of information).

If you are a California Consumer and would like to exercise your Right to Know, please submit your request here or email your request to us at Privacy@MyxFitness.com. If you email us, you must: (i) clearly state your request, and (ii) for verification and fraud-prevention purposes, provide the following information that you initially provided to Myx Fitness: first name, last name, phone number, billing zip code, and email address. You will receive an email from us confirming your request and requesting you to click a button in the email to confirm your identity, in accordance with the CPRA. Once you confirm your identity by clicking the button in the email, we will proceed with processing your request.

In order to have us provide specific pieces of information, we may require a signed declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request.

Right to Delete
California Consumers have the right to request that we delete information we have collected from you. If you are a California Consumer and would like to exercise your Right to Delete, please submit your request here or email your request to us at Privacy@MyxFitness.com. If you email us, you must: (i) clearly state your request, and (ii) for verification and fraud-prevention purposes, provide the following information that you initially provided to Myx Fitness: first name, last name, phone number, billing zip code, and email address. You will receive an email from us confirming your request and requesting you to click a button in the email to confirm your identity, in accordance with the CPRA. Once you confirm your identity by clicking the button in the email, we will proceed with processing your request.

Please note that as part of the verification process, once you submit a request to delete, we may follow up and require you to confirm that you want your information deleted.

Right to Correct Inaccurate Information
California Consumers have the right to request that we correct inaccurate information we hold about you. If you are a California Consumer and would like to exercise your Right to Correct, please submit your request here or email your request to us at Privacy@MyxFitness.com. If you email us, you must: (i) clearly state your request, and (ii) for verification and fraud-prevention purposes, provide the following information that you initially provided to Myx Fitness: first name, last name, phone number, billing zip code, and email address. You will receive an email from us confirming your request and requesting you to click a button in the email to confirm your identity, in accordance with the CPRA. Once you confirm your identity by clicking the button in the email, we will proceed with processing your request.

Right to Limit the Use and Disclosure of Sensitive Personal Information
Under the CPRA Regulations, a business must only provide the Right to Limit the Use and Disclosure of Sensitive Personal Information when such use is not collected or processed for the purpose of inferring characteristics about a consumer, or does not fall under certain statutory exceptions, pursuant to CPRA §1798.121. Myx Fitness’s use and disclosure of Sensitive Personal Information is not used for such purpose and/or falls within the statutory exceptions, and we therefore do not offer such opt-out right at this time.

Do Not Share or Sell

Right to Opt-Out of Sharing
California Consumers have the right to opt-out of the sharing of your Personal Information or Sensitive Personal Information to a third-party for cross-context behavioral advertising (i.e., targeted advertising), whether or not for monetary or other valuable consideration. If you are a California Consumer and would like to exercise your Right to Opt-Out of Sharing, please submit your request here. You must submit your request to opt-out of sharing through this link.

Right to Opt-Out of Sale
California Consumers have the right to opt-out of the sale of your Personal Information. If you are a California Consumer and would like to exercise your Right to Opt-Out of Sale, please submit your request here. You must submit your request to opt-out of sale through this link.

Cookie Based Opt-Outs for Do Not Sell or Share
Myx Fitness engages in online advertising practices (and certain analytics or similar activities), which may be considered a “sale” or “share” for cross-context behavioral advertising as defined in the CCPA and CPRA. To disable sharing through cookies set by 3rd parties that may be considered "sales" or “sharing” under the CCPA and CPRA, click here.

In addition, the Digital Advertising Alliance also offers tools for California consumers to send requests under the CCPA and CPRA to opt out of the sale of personal information by some or all of the participating companies. Please visit the DAA website to learn more and utilize their opt-out tools: https://www.privacyrights.info/.

Submit an Appeal
If, for any reason, you would like to appeal our decision relating to your request, you may submit an appeal and do so by emailing Privacy@MyxFitness.com. Please include your full name, the basis for your appeal, and any additional information to consider.

Data Retention
We will retain all categories of your Personal Data for as long as it is reasonably necessary for the purposes set out in this Privacy Policy and this California Privacy Notice, considering the time period reasonably necessary to: provide the Services to you; exercise the choices and rights you have requested; comply with our contractual obligations; enforce our terms for use of the Services; and, comply with legal and regulatory requirements. Except as noted differently on specific pages or apps, we retain your personal information while you have an account with us, or while you are using our Services or continuing to visit us.

Users Younger than 16
Myx Fitness does not knowingly sell or share Personal Information of California consumers younger than 16 years of age.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
California consumers have the right to not receive discriminatory treatment for exercising CCPA and CPRA rights. We will not discriminate against you for exercising your CCPA and CPRA rights.

Notice of Finance Incentive
Under California regulation, certain aspects of loyalty and similar programs which we may offer from time to time, may provide certain benefits to consumers, and be considered a financial incentive program. We may collect personal information from you in connection with any such programs, e.g., contact information (name, email address, residential address) and commercial information (like purchase history) for a number of reasons, including to administer the program, contact you with regard to your account (if any), to provide the benefits to you, to better serve you, and to fulfill your requests associated with the program.

To opt into our loyalty or similar programs, as set forth herein you will need to provide certain information, and potentially register for an account, agree to certain applicable program terms, or otherwise follow the instructions associated with the loyalty or other similar programs.

To the extent that Myx Fitness provides programs that may be considered a financial incentive because the program is directly or reasonably related to the collection, deletion or retention of consumer personal information, the value is reasonably related to the overall value we receive from the personal information participants provide specific to the program minus the costs and expenses we incur in providing the program.

Personal Information that Myx Fitness Collects

The Personal Information we collect about you will depend upon how you use our Services or otherwise interact with us. Accordingly, we may not collect all of the below information about you.

In addition to the below, we may collect and/or use additional types of information and will do so after providing notice to you and obtaining your consent to the extent such notice and consent is required by the CCPA and CPRA.

Category of Personal Information Collected

Business or Commercial Purpose(s) for which Information is Collected

 

Myx Fitness uses Personal Information for purposes as described below and in the section titled“How Does Myx Fitness Use the Information It Collects?”

Categories of Third-Parties with whom this Information is Disclosed for Business Purposes

 

Myx Fitness shares Personal Information with third-parties as described below and in the section titledHow Does Myx Fitness Share the Information and Data It Receives?”

Categories of Third-Parties to Whom this Type of Information is Shared or Sold for Cross-Contextual Advertising (i.e., targeted advertising)?

Identifiers

This category includes information such as name, mailing address, IP address, email address, or account name.

 

We may collect this type of information from:

· Consumers;

· Cookies and tracking technologies;

· Our parent, affiliates, and subsidiaries;

· Third-party social media companies;

· Third- party business partners.

We may use this type of information to:

· Enable you to use Services, such as to process your requests or orders, contact you about administrative matters, and provide customer service;

· Send you marketing communications;

· Enhance and personalize your Services experience;

· Administer contests, promotions, events, market research, or other marketing campaigns;

· Statistical analysis and research, and demographic profiling purposes;

· Troubleshoot, protect, and improve the Services;

· Carry out other purposes required by law or for internal business purposes;

· Carry out other purposes which are disclosed to you and to which you consent (where required by law).

We may disclose this type of information to:

· Our parent, affiliates, and subsidiaries;

· Third-party service providers;

· Third-parties when you agree to or direct that we share your information with them;

· Third-parties as needed for legal or business purposes;

· Third-parties who may acquire your information in a business transfer.

We may disclose this type of information to:

 

Third-party advertising, analytics, and other marketing business partners may have access to this data.

Any categories of personal information described in subdivision (e) of Section 1798.140

This category includes information such as name, signature, address, or phone number.

 

Note: Information in this category may overlap with other categories.

 

 

We may collect this type of information from:

· Consumers;

· Cookies and tracking technologies;

· Our parent, affiliates, and subsidiaries;

· Third-party social media companies;

· Third-party business partners.

We may use this type of information to:

· Enable you to use Services;

· Send you marketing communications;

· Enhance and personalize your Services experience;

· Administer contests, promotions, events, market research, or other marketing campaigns;

· Statistical analysis and research, and demographic profiling purposes;

· Troubleshoot, protect, and improve the Services;

· Carry out other purposes required by law or for internal business purposes;

· Carry out other purposes which are disclosed to you and to which you consent (where required by law).

We may disclose this type of information to:

· Our parent, affiliates, and subsidiaries;

· Third-party service providers;

· Third-parties when you agree to or direct that we share your information with them;

· Third-parties as needed for legal or business purposes;

· Third-parties who may acquire your information in a business transfer.

We may disclose this type of information to:

Third-party advertising, analytics, and other marketing business partners may have access to this data.

Protected classification characteristics

This category includes information such as age, sex (including gender), race, ethnicity, religion, marital status, and veteran/military status

 

We may collect this type of information from:

· Consumers;

· Our parent, affiliates, and subsidiaries;

We may use this type of information to:

· Enable you to use Services;

· Enhance and personalize your Services experience;

· Administer contests, promotions, events, market research, or other marketing campaigns;

· Statistical analysis and research, and demographic profiling purposes;

· Troubleshoot, protect, and improve the Services;

· Carry out other purposes required by law or for internal business purposes;

· Carry out other purposes which are disclosed to you and to which you consent (where required by law).

We may disclose this type of information to:

· Our parent, affiliates, and subsidiaries;

· Third-party service providers;

· Third-parties when you agree to or direct that we share your information with them;

· Third-parties as needed for legal or business purposes;

· Third-parties who may acquire your information in a business transfer.

We do not “sell” or “share” this information with third-parties for cross-context behavioral advertising (i.e., targeted advertising).

Commercial information

This category includes, for example, information about your transactions with us, including records of items considered, purchased, and returned, reviews you have written, information about your customer service contact history (such as when you interact with our customer service team over phone or through chat), and your information about your participation in promotions and our loyalty program or other.

 

We may collect this type of information from:

· Consumers;

· Our parent, affiliates, and subsidiaries;

· Cookies and tracking technologies;

· Third-party social media companies;

· Third-party business partners.

 

We may use this type of information to:

· Enable you to use Services;

· Enhance and personalize your Services experience;

· Administer contests, promotions, events, market research, or other marketing campaigns;

· Statistical analysis and research, and demographic profiling purposes;

· Troubleshoot, protect, and improve the Services;

· Carry out other purposes required by law or for internal business purposes;

· Carry out other purposes which are disclosed to you and to which you consent (where required by law).

We may disclose this type of information to:

· Our parent, affiliates, and subsidiaries;

· Third-party service providers;

· Third-parties when you agree to or direct that we share your information with them;

· Third-parties as needed for legal or business purposes;

· Third-parties who may acquire your information in a business transfer.

We may disclose this type of information to:

Third-party advertising, analytics, and other marketing business partners may have access to this data.

Biometric information

This category includes information that may be considered “biometric information” under the CCPA and CPRA, for example, heart rate or other exercise-related data.

 

We may collect this type of information from:

· Consumers;

· Our parent, affiliates, and subsidiaries;

We may use this type of information to:

· Enable you to use Services;

· Enhance and personalize your Services experience;

· Administer contests, promotions, events, market research, or other marketing campaigns;

· Statistical analysis and research, and demographic profiling purposes;

· Troubleshoot, protect, and improve the Services;

· Carry out other purposes required by law or for internal business purposes;

· Carry out other purposes which are disclosed to you and to which you consent (where required by law).

We may disclose this type of information to:

· Our parent, affiliates, and subsidiaries;

· Third-party service providers;

· Third-parties when you agree to or direct that we share your information with them;

· Third-parties as needed for legal or business purposes;

· Third-parties who may acquire your information in a business transfer.

We do not “sell” or “share” this information with third-parties for cross-context behavioral advertising (i.e., targeted advertising).

Geolocation data

This category includes the location of the device you use to access the Services.

 

We may collect this type of information from:

· Consumers;

· Our parent, affiliates, and subsidiaries;

· Cookies and tracking technologies;

We may use this type of information to:

· Enable you to use Services;

· Enhance and personalize your Services experience;

· Administer contests, promotions, events, market research, or other marketing campaigns;

· Statistical analysis and research, and demographic profiling purposes;

· Troubleshoot, protect, and improve the Services;

· Carry out other purposes required by law or for internal business purposes;

· Carry out other purposes which are disclosed to you and to which you consent (where required by law).

We may disclose this type of information to:

· Our parent, affiliates, and subsidiaries;

· Third-party service providers;

· Third-parties when you agree to or direct that we share your information with them;

· Third-parties as needed for legal or business purposes;

· Third parties who may acquire your information in a business transfer.

We do not “sell” or “share” this information with third-parties for cross-context behavioral advertising (i.e., targeted advertising).

Sensory data

This category includes, for example, audio, electronic, visual, or similar information.

 

We may collect this type of information from:

· Consumers;

· Our parent, affiliates, and subsidiaries;

We may use this type of information to:

· Enable you to use Services;

· Enhance and personalize your Services experience;

· Administer contests, promotions, events, market research, or other marketing campaigns;

· Statistical analysis and research, and demographic profiling purposes;

· Troubleshoot, protect, and improve the Services;

· Carry out other purposes required by law or for internal business purposes;

· Carry out other purposes which are disclosed to you and to which you consent (where required by law).

We may disclose this type of information to:

· Our parent, affiliates, and subsidiaries;

· Third-party service providers;

· Third-parties when you agree to or direct that we share your information with them;

· Third-parties as needed for legal or business purposes;

· Third-parties who may acquire your information in a business transfer.

We do not “sell” or “share” this information with third-parties for cross-context behavioral advertising (i.e., targeted advertising).

Internet or other electronic network activity information

This category includes information such as details about the hardware and software you use to visit the Services, areas of the Services you visit, search history, banners you click, and login information.

We may collect this type of information from:

· Consumers;

· Our parent, affiliates, and subsidiaries;

· Cookies and tracking technologies;

· Third-party business partners.

We may use this type of information to:

· Enable you to use Services;

· Enhance and personalize your Services experience;

· Administer contests, promotions, events, market research, or other marketing campaigns;

· Statistical analysis and research, and demographic profiling purposes;

· Troubleshoot, protect, and improve the Services;

· Carry out other purposes required by law or for internal business purposes;

· Carry out other purposes which are disclosed to you and to which you consent (where required by law).

We may disclose this type of information to:

· Our parent, affiliates, and subsidiaries;

· Third-party service providers;

· Third-parties when you agree to or direct that we share your information with them;

· Third-parties as needed for legal or business purposes;

· Third-parties who may acquire your information in a business transfer.

We do not “sell” or “share” this information with third-parties for cross-context behavioral advertising (i.e., targeted advertising).

Inferences drawn from other personal information

These inferences may relate to your preferences, characteristics, predispositions, or behaviors.

We may collect this type of information from:

· Consumers;

· Cookies and tracking technologies;

· Our parent, affiliates, and subsidiaries;

· Third-party social media companies;

· Third-party business partners.

We may use this type of information to:

· Enhance and personalize your Services experience;

· Administer contests, promotions, events, market research, or other marketing campaigns;

· Statistical analysis and research, and demographic profiling purposes;

· Troubleshoot, protect, and improve the Services;

· Carry out other purposes required by law or for internal business purposes;

· Carry out other purposes which are disclosed to you and to which you consent (where required by law).

We may disclose this type of information to:

· Our parent, affiliates, and subsidiaries;

· Third-party service providers;

· Third-parties when you agree to or direct that we share your information with them;

· Third-parties as needed for legal or business purposes;

· Third-parties who may acquire your information in a business transfer.

We do not “sell” or “share” this information with third-parties for cross-context behavioral advertising (i.e., targeted advertising).


QUESTIONS AND CONTACT INFORMATION

If you have questions about any of these rights, please email Privacy@MyxFitness.com.

California “Shine the Light”

A California resident who has provided Personal Data, as defined under California Civil Code section 1798.83, to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “California 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 California 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. California Customers may request further information about our compliance with this law by emailing Privacy@MyxFitness.com. Please note that we are required to respond to one request per California Customer each year, and we are not required to respond to requests made by means other than through this email address.

Notice to Virginia Residents

We set forth above in our Privacy Policy the categories of personal data we process, the purpose for processing personal data, the categories of personal data shared, and the categories of third-parties with whom personal data is shared.

If you are a Virginia Consumer and would like to exercise your rights pursuant to the Virginia Consumer Data Protection Act (VCDPA), and any implementing regulations adopted thereunder, please complete this form here.

Virginia Consumers have the following rights, all subject to the meanings and exceptions set forth in the VCDPA:

  1. To confirm whether we are processing your Personal Data and request to access such data ("Right to Access").
  2. That we correct inaccurate Personal Data we hold about you (“Right to Correct”).
  3. That we delete the Personal Data provided by you or obtained about you ("Right to Delete").
  4. To obtain a copy of the Personal Data previously provided by you to us and, to the extent feasible, in a readily usable format to allow data portability (“Right to Obtain”).
  5. To opt-out out of the processing of your Personal Data for the purposes of targeted advertising (“Right to Opt-Out of Targeted Advertising”).
    • Myx Fitness engages in online advertising practices (and certain analytics or similar activities) that may be considered “targeted advertising” under the VCDPA. To disable sharing through cookies set by 3rd parties that may be considered targeted advertising under the VCDPA, click here.
VCDPA Appeals

Pursuant to the VCDPA, if, for any reason, you would like to appeal our decision relating to your request, you have the right to submit an appeal and can do so by emailing Privacy@MyxFitness.com. In your email submission, please include your full name, the basis for your appeal, and any additional information to consider.

Notice to Canadian Residents

If you are a Canadian resident and would like to submit a request to access your personal information, please click here to submit your request.

If you would like exercise other rights available to you under Canada law, or if you have questions, please submit your request to Privacy@MyxFitness.com.
We may require additional information to verify your identity and/or the authenticity of the request. We cannot properly process requests that do not come through the designated request mechanism or do not contain sufficient information.

You and We confirm that it is our wish that this Privacy Policy, the Terms and Conditions, and all other related policies be drawn up in English. Vous reconnaissez avoir exigé la rédaction en anglais du présent document ainsi que tous les documents qui s'y rattachent.

Contacting Myx Fitness

Please feel free to share any comments, concerns, complaints, or questions with us:

Chief Legal Officer
Myx Fitness, LLC – Attn: Legal Department
400 Continental Blvd.
Santa Monica, CA 90404
Suite 400
El Segundo, CA 90245
or email us: Privacy@MyxFitness.com

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