Effective Date of this Version: January 15, 2021
- Collection of Personal Information
We may collect Personal Information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, their name, email address, phone number. Users may, however, visit our Site anonymously. We may also collect Personal Information when Users purchase CLMBR Products or Services from CLMBR including fitness equipment and accessories, apparel, live in-studio classes or subscription services offered through any device. Such personal identification information may include information such as Users’ name, email address, mailing address, phone number, payment information, such as credit card number (“Financial Information”) and/or other related information that may be required for a User to complete a purchase. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, except that it may prevent them from engaging in certain Site related activities. Personal Information may be collected in the following ways:
- User Profiles. Users who purchase CLMBR Products and Services may be asked to create a “User Profile.” Personal Information collected as part of a User Profile may include a username, email address, age, location, phone number, image or avatar, and certain health information including, but not limited to, your height and weight.
Once your User Profile is created, anytime you log in to participate in a studio class in-person or via our subscription service, we may collect additional information and add it to your User Profile, such as the total number of classes taken, the dates you took those classes, fitness performance history (including leaderboard rank, achievements earned, total output, speed, distance and calories burned), your followers and who you are following, and, to the extent you have worn a heart rate monitor that you have connected to your fitness equipment, information about your heart rate over the course of the class and any other information that may be available from time to time.
You acknowledge that your User Profile information may be personal to you, and by creating an account and providing such information through the use of our Services, you allow others, including CLMBR, to identify you and therefore you may not be anonymous. Information included in your User Profile, including any achievements or milestones may be displayed on in-studio digital signage if you come to a live class at any of our studios. CLMBR User Profiles are set to public by default, which means that other registered CLMBR users will also be able to view your User Profile, including, potentially, your fitness performance history (as described above), your CLMBR leaderboard name, and your location and age (if you have provided it), and those users can contact or follow you through the Services. You have the option to set your profile to “Private,” which means that only members who you approve as followers can see your profile and fitness performance history, and you can remove other users from your followers.
- Communications with Us. We may collect Personal Information from you such as your email address, phone number or mailing address, when you choose to request information about our Services, visit our retail showrooms, register to receive CLMBR communications over email or text messaging, participate in promotions, or loyalty programs that we may offer from time to time, request to receive member or technical support or otherwise communicate with us.
- Registration for Sweepstakes or Contests. Occasionally, CLMBR may run sweepstakes and contests. We ask those who enter sweepstakes or contests to provide contact information (e.g., a phone number or an email address). If you participate in a sweepstakes or contest, your contact information may be used to reach you about the sweepstakes or contest, and, to the extent permitted by law, for other promotional, marketing and business purposes. In compliance with the laws of your jurisdiction, as a participant you may have the opportunity to opt-out of any communications that are not related to awarding prizes.
- Location Information. Based on your interaction with the Services, the type of device you use to access the Services, and your device’s connectivity, we may collect location-based information including your Internet protocol (IP) address, GPS location, longitude/latitude, city, county, zip code and region, and your location and your smart device’s proximity to “beacons,” Bluetooth networks and/or other proximity systems. We may use this type of information to enhance your user experience (such as using location information for the purposes of displaying the geographic distribution of CLMBR workouts on a heat map), to better understand your interaction with our products and services in our showrooms, or to enable you to track your outdoor fitness activities. Unless you provide us with your consent to do otherwise, this information will only be used by us and our third party service providers to provide you with the Services you request or in an aggregated and anonymized format that does not identify you. If you no longer wish to have this location information collected and used by us, you may opt-out by disabling the location and Bluetooth features in the operating system of your device.
- Automatic Data Collection. We may collect certain information automatically through our Services or other methods of web analysis, such as your IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.
- Information from Other Sources. We may receive information about you from other sources, including through third party services and organizations, to supplement information provided by you. For example, if you access our Services through a third party application, such as the Apple App Store or Google Play App Store (together with any similar applications, “App Stores”) or social media sites such as Facebook, we may collect information about you from that third party application that you have made public via your privacy settings. Information we collect through App Stores or social media accounts may include your name, your social media site user identification number, your user name, location, gender, birth date, email, profile picture and your social media contacts. This supplemental information allows us to verify information that you have provided to CLMBR and to enhance our ability to provide you with information about our business, products and Services.
- Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
- Web browser cookies
- How we use collected information
CLMBR may collect and use Users personal identification information for a variety of business purposes, including:
- To Provide Products, Services, or Information Requested. CLMBR may use information about you to fulfill requests for products, Services or Information, including Information about potential or future services, including to:
- Generally manage personal information and accounts;
- Respond to questions, comments, and other requests;
- Provide access to certain areas, functionalities, and features of CLMBR’s Services;
- Assist with monitoring your performance, fitness and health related statistics and usage trends;
- Personalize exercise and activity goals for you based on your settings and your historical exercise or activity data;
- Communicate with you about logistical matters, including product deliveries and product servicing visits;
- Provide services to you;
- Review and contact you to answer requests for member support or technical support; and
- Allow you to register for classes and events.
- Administrative Purposes. CLMBR may use Personal Information about you for its administrative purposes, including to:
- Measure interest in CLMBR’s Services;
- Develop new products and Services;
- Ensure quality control;
- Verify Individual identity;
- Communicate about Individual accounts and activities on CLMBR’s Services and systems, and, in CLMBR’s discretion, changes to any CLMBR policy;
- Send emails or text messages to the email address or telephone number you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, delivery updates, or system maintenance;
- Process payment(s) for products or services purchased;
- Process applications and transactions;
- Prevent potentially prohibited or illegal activities;
- Maintain and administer our Services; and
- Enforce our Terms.
- Marketing CLMBR Products and Services. CLMBR may use Personal Information to provide you with materials about offers, products and Services that may be of interest, including new content or services. CLMBR may provide you with these materials by phone, postal mail, text or email, as permitted by applicable law. Such uses include:
- To tailor content, advertisements and offers;
- To notify you about offers, products and services that may be of interest or about which you have previously expressed an interest;
- For other purposes disclosed at the time that Individuals provide Personal Information; or
- Otherwise with your consent. You may contact us at any time to opt-out of the use of your Personal Information for marketing purposes, as further described below.
- Research and Development. CLMBR may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us improve our existing products and Services or develop new products and Services. From time to time, CLMBR may perform research (online and offline) via surveys. We may engage third party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.
- Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from third parties, may, as permitted by law, receive periodic emails, newsletters, mailings, text messages or phone calls from us with information on CLMBR’s or our business partners’ products and services or upcoming special offers/events that we believe may be of interest.
- Anonymous and Aggregated Information Use. CLMBR may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access CLMBR’s Services or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not Personal Information, and CLMBR may use such information in a number of ways, including research, internal analysis, analytics and any other legally permissible purposes. We may share this information within CLMBR and with third parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
- Other Uses. CLMBR may use Personal Information for which we have a legitimate interest, such as fraud protection or compliance with legal obligations, or any other purpose disclosed to you at the time you provide Personal Information or with your consent.
- Cookies, Pixel Tags/Web Beacons, Analytics Information, and Interest-Based Advertising
- Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.
- Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
Our uses of such Technologies fall into the following general categories:
- Operationally Necessary. We may use Technologies that are necessary to the operation of our Site, Services, applications, and tools. This includes Technologies that allow you access to our Site, Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of functions such as shopping carts, saved search or similar functions.
- Performance Related. We may use Technologies to assess the performance of our Site, applications, Services and tools, including as part of our analytic practices to help us understand how our visitors use our Site, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services or tools;
- Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Sites, Services, applications or tools. This may include identifying you when you sign into our Sites or keeping track of your specified preferences, interests or past items viewed so that we may enhance the presentation of content on our Sites;
- Advertising or Targeting Related. We may use first-party or third party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.
- Third-Party Websites, Social Media Platforms, and Software Development Kits
The Site may contain links to other websites and other websites may reference or link to the CLMBR Site or other Services. These other domains and websites are not controlled by CLMBR, and we do not endorse or make any representations about third party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting other websites or applications is at your own risk.
CLMBR’s Services may include publicly accessible blogs, community forums, message boards, private messaging or video chat features. The Services may also contain links and interactive features with various social media or music platforms (e.g., widgets). If you already use these platforms, their cookies may be set on your device when using the Services. You should be aware that Personal Information that you voluntarily include and transmit online in a publicly accessible blog, video chat session, social media platform or otherwise online, or that you share in an open forum, may be viewed and used by others without any restrictions. We are unable to control such uses of your information when you interact with a third party platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.
- Third-Party Payment Processing
- Information We Share
- Business Partners. CLMBR may share Personal Information with our business partners and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. CLMBR may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with CLMBR.
- Displaying to Other Users. The content you post to the Services may be displayed on the Services. Other users of the Services may be able to see some information about you, such as your name if you submit a review or provide a testimonial to our Site. We are not responsible for the privacy practices of the other users who view and use posted information.
- Marketing – Interest-Based Advertising and Third-Party Marketing. CLMBR may allow third party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities on our Sites (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with third party advertising partners. These advertising partners may use this information (and similar information collected from other companies) for purposes of delivering targeted advertisements to you when you visit non-CLMBR related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.
- Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We may access, preserve and disclose your Personal Information, other account information and content if we believe doing so is required or appropriate: (i) to comply with law enforcement or national security requests and legal process, such as, a court order or subpoena; (ii) to respond to your requests; (iii) to protect yours, ours or others’ rights, property or safety; (iv) to enforce CLMBR policies or contracts; (v) to collect amounts owed to CLMBR; (vi) to comply with records retention policies; (vii) when we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (viii) if we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of unauthorized activities.
- Opting Out
You have the right to object to and opt-out of certain uses and disclosures of your Personal Information. Where you have consented to CLMBR’s Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt-out to further Processing by contacting CLMBR as described in Section 18. Even if you opt-out, we may still collect and use non-Personal Information regarding your activities on our Service and/or information from the advertisements on third party websites for non-interest based advertising purposes, such as, to determine the effectiveness of the advertisements.
We maintain “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.
- Rights of Access, Rectification, Erasure, and Restriction
Although CLMBR makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which CLMBR is unable to provide access, including but not limited to where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy, in the case in question or where it is commercially proprietary. If CLMBR determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, CLMBR will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
- Data Retention
- Security of Your Information
By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.
- California Privacy Rights
If you are a California resident and would like a copy of our notice describing what categories of personal information we share with third parties or corporate affiliates for their direct marketing purposes and the names and addresses of the third parties and affiliates that received your information in the past year, please submit a written request to the following address: CLMBR, LLC, Attn: Legal Department, 3033 East 1st Avenue, Suite 705, Denver, CO 80206. Please allow up to 30 days for us to process your request. You may submit such a request once per year.
- Non-U.S. Users
- Children’s Privacy
- Redress/Compliance and Accountability
3033 East 1st Avenue, Suite 705
Denver, CO 80206
Attn: Legal Department