The Sufferfest Privacy Policy

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Wahoo Fitness, L.L.C. doing business as The Sufferfest

Privacy Policy

Effective Date: July 16, 2019

Last Updated: December 23, 2019

 

Introduction

Wahoo Fitness, LLC, and its affiliate, The Sufferfest (collectively referred to herein as “Wahoo Fitness”, “we”, “our” or “us”), recognizes the importance of protecting personal data we may collect from visitors and any other individual or entity (“Users”, “you”, or “your”) who visit our web sites. This Privacy Policy applies to data collection by Wahoo Fitness and its subsidiary companies, including Wahoo Fitness (UK) Limited, and shall apply to your use of the website, www.wahoofitness.com, www.thesufferfest.com, and other Wahoo Fitness-related sites, applications, software, communications, capabilities and services (“Services”) accessible on or by any top-level Wahoo Fitness domain owned by us (each, a “Site” and collectively the “Sites”), but excluding services that state that they are offered under a different privacy policy.

Our Privacy Policy explains: (1) what information we collect; (2) why we collect it; (3) how we use that information; (4) how we may share it; (5) the choices we offer, including how to access and update information; (6) and the measures we take to keep your information safe. Specifically, our Privacy Policy covers the following topics:

  1. When This Privacy Policy Applies
  2. Terms of Use
  3. Information We Collect
  4. Information Collected Related to California Residents
  5. How We Use Information We Collect
  6. Our Legal Basis for Collecting Personal Information
  7. Your Failure to Provide Personal Information
  8. Our Retention of Your Personal Information
  9. Sharing Personal Information
  10. Sale of Personal Information
  11. Your Rights and Choices
    1. Rights Specific to Californians
    2. Rights Specific to European Union Residents
  12. Exercising Your Rights
  13. Our Opt-in/Opt-out Policy
  14. Third Party Links
  15. International Transfer
  16. How We Protect Personal Information
  17. Children
  18. Direct Marketing and “Do Not Track” Signals
  19. Wahoo Fitness Partners
  20. Klarna Financing
  21. Changes to this Privacy Policy
  22. How to Contact Us

 

Please familiarize yourself with our privacy practices and let us know if you have any questions. By using the Sites, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Sites.

Irrespective of which country you live in, you authorize us to transfer, store, and use your information in the United States, and any other country where we operate. In some of these countries, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those in the country where you live. Learn more about our data transfer operations in the “International Transfer” section below. If you do not agree to the transfer, storage and use of your information in the United States, and any other country where we operate, please do not use the Sites or Services.

If you have any questions or comments about this Privacy Policy, please submit a request to privacy@thesufferfest.com.

When this Privacy Policy Applies

Our Privacy Policy applies to all of the Services offered by Wahoo Fitness and its affiliates, including some Wahoo Fitness Partners, and Services offered on other sites, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you, or other sites linked from our Services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our Services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

Terms of Use

By accessing or using the Sites in any manner, you also agree to be bound by Wahoo Fitness’s Terms of Use (the “Agreement”). Please read the Agreement carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, please do not use the Sites.

Information We Collect

We collect information, including personal data, to provide better services to all our Users. We use the term “Personal Data” to refer to any information that identifies or can be used to identify you. Common examples of Personal Data include: full name, email address, digital identity, such as a login name or handle, information about your device, and certain metadata.

“Sensitive Personal Data” refers to a smaller subset of Personal Data which is considered more sensitive to the individual, such as race and ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic or biometric information, physical or mental health information, medical insurance data, or sexual orientation.

When you use our Services, we collect Personal Data in the following ways:

 

  1. Information You Give to Us

 

  • Website

As you evaluate whether Wahoo Fitness is the right solution for you or your studio, you may choose to provide us with Personal Data about yourself, including your name and email address by completing forms on our website, or when creating and signing into your account. You may also choose to provide us with employment and education information when you apply for a job at Wahoo Fitness via our Site. We will also collect financial data such as payment card details and bank account numbers in order to process transactions for certain services.

In some instances, you may elect to provide us with location and address information. You may also provide us with Personal Data about yourself when you report a problem or have a question about our services.

The Sites offer interactive and social features that permit you to submit content and communicate with us. You may provide Personal Data to us when you post information in these interactive and social features. Please note that your postings in these areas of the Sites may be publicly accessible or accessible to other Users.

 

  • Mobile Application

Certain information is required when creating an account to use our Services on the mobile application, such as your name, email address, user name and password. 

In addition, in order to improve your experience with the Services, you may choose to provide additional information such as your gender, birth date, weight, location, physical activity, heart rate, eating habits, and athlete information.  You can choose not to provide certain information, but then you may not be able to register for the Wahoo Fitness Services or take advantage of some features of the Services.

When your device syncs with Wahoo Fitness’s application, certain data recorded on your device is transferred from your device to our servers.

 

  1. Information We Obtain from Your Use of Our Services

We collect certain information automatically, such as your operating system version, browser type, and internet service provider. We also collect information about your interaction with the Services, such as creating or logging into your account, or opening or interacting with the Services on Your mobile device. When you use our Site, we automatically collect and store this information in service logs. This includes: details of how you used our Site; Internet protocol address; cookies that uniquely identify your browser, the referring web page and pages visited.  We may also collect and process information about your actual location. The information we collect automatically is statistical data and may or may not include Personal Data, but we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties.

 

  • Location Data

If you grant us access to your location, Wahoo Fitness may collect information about your location when you use our Sites and Services. Your location can be determined by: IP address, and information about things near your device, such as Wi-Fi access points and cell towers.  When you use our Services via a wireless device, we may solicit your permission to collect your location data. Some features within our application may only function upon confirmation of your location, and therefore such features will not be available if you choose not to provide your location data to us. The specificity of the location data collected may depend on a number of factors, including the device you are using (e.g. laptop, smartphone or tablet) and how you are connected to the Internet (e.g., via cable broadband connection, WiFi). If you enable location services for our mobile application, we may collect location data periodically as you use or leave open our mobile application. We may associate such location data with Personal Data you provide to us. Depending on the platform you use to access our Applications mobile application (e.g., Apple’s iOS, Google’s Android), you may be able to control whether location data is collected from within “Settings” or other controls on your wireless device or the Applications mobile application.

 

  • Device ID

When using our Services, we or our service provider may collect your unique device ID. We may use such information for internal purposes and to provide you a better experience, such as to troubleshoot application problems you may experience. We may associate device ID with personal information you provide to us. You may learn more about opt out of any anonymous device ID collection via the privacy settings available within your mobile device.

 

  1. Social Networking

When using our Services or when using certain third party social networking services (for example, Facebook or Twitter) (each a “Social Network”), you may have the option to connect your Wahoo Fitness information or activity with that Social Network and its users, and to access certain of your Social Network information, as disclosed to you at the time you consent to the connection. Information we may share with a Social Network may include, but is not limited to, technical information about your Wahoo Fitness activity.  Information we may access about you, with your consent, from a Social Network, may include, but is not limited to, your basic Social Network information, your location data, your lists of contacts, friends and followers, and certain information about your activities on the Social Network. If you permit a connection between a Social Network and Wahoo Fitness, we and that Social Network may be able to identify you and to associate information received pursuant to that connection with information we already have about you. We recommend that you familiarize yourself with the privacy policy and privacy control options of any Social Network with which you choose to share information or to connect a Wahoo Fitness Service.

 

  1. Cookies and Similar Technologies

We and our partners use various technologies to collect and store information when you visit one of our services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third party advertising and analytics partners include Google, Facebook and similar partners.

The technologies we use for this automatic data collection may include:

Cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our services.  For more information about our use of cookies, including details on how to opt-out of certain cookies, please see our Cookie Policy.

Web Beacons. Pages of our services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Clickstream Data. Clickstream data is information collected by our computers when you request Web pages from the Sites. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Sites, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Sites.

Information Collected Related to California Residents

During the last twelve (12) months, we have collected the following categories of personal information from consumers.

 

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, telephone number, date of birth, unique personal identifier, online identifier, Internet Protocol address, email address, user account information.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, physical characteristics or description, address, telephone number, education, employment, employment history and disciplinary action, professional memberships, employee reference checks, trade union membership, bank account number, credit card number, debit card number, or any other financial information, medical information.

YES

C. Protected classification characteristics under California or federal law.

Age, nationality, racial or ethnic origin marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation.

YES

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

E. Biometric information.

Physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, heart rate, height, weight , gait, or other physical patterns, and sleep, health, or exercise data.

YES

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application logs, device data and registration, social media account information or advertisement.

YES

G. Geolocation data.

Physical location or movements.

YES

H. Sensory data.

Audio, electronic, visual, or similar information.

YES

I. Professional or employment-related information.

Current or past job history or performance evaluations; disciplinary action, professional memberships, employee reference checks, and trade union membership

YES

K. Inferences drawn from other personal information.

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

YES

 

 

How We Use Information We Collect

We use your Personal Data in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:

 

  1. To present, operate or improve the Site and Services, including analysis of Site activity;
  2. To inform you about Services and products available from Wahoo Fitness;
  3. To authorize access to our Sites and Services;
  4. To provide, maintain, administer or expand the Services, performing business analyses, or for other internal purposes to support, improve or enhance our business, the Services, and other products and services we offer;
  5. To offer and administer programs;
  6. To customize or tailor your experience of the Services;
  7. To administer content, promotion, sweepstakes, surveys, voting polls or other Site features;
  8. To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, sweepstakes, and other offers or promotions, and to deliver pertinent emails;
  9. To improve our Site and Services;
  10. To secure our Services, including to authenticate Users;
  11. To use statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts;
  12. To respond to and support Users regarding their use of the Sites and Services;
  13. To comply with all applicable legal requirements;
  14. To enforce our Terms of Use and other agreements;
  15. To perform data analysis and testing;
  16. To investigate possible fraud or other violations of our Terms of Use or this Privacy Policy and/or attempts to harm our Users;
  17. To resolve disputes;
  18. To otherwise fulfill the purpose for which the information was provided.

We use the information we collect from our Sites to provide, maintain, and improve them, to develop new services, and to protect our company and our Users.

We use information collected from cookies and other technologies, to improve your User experience and the overall quality of our services. We may use your Personal Data to see which web pages you visit at our Site, which web site you visited before coming to our Site, and where you go after you leave our Site. We can then develop statistics that help us understand how our visitors use our Site and how to improve it.  We may also use the information we obtain about you in other ways for which we provide specific notice at the time of collection.

We will ask for your consent before using information for a purpose other than those set out in this Privacy Policy.

Our Legal Basis for Collecting Personal Data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

 

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new customer

  • Identity
  • Contact

Performance of a contract with you

  • Manage payments, fees and charges
  • Collect and recover money owed to us
  • Identity
  • Contact
  • Financial
  • Transaction
  • Marketing and Communications
  • Performance of a contract with you
  • Necessary for our legitimate interests

To provide you with analytical information about your workout through the use of our apps

  • Identity
  • Biometric data
  • Performance of a contract with you
  • Consent

To manage our relationship with you which will include:

  • Notifying you about changes to our terms or privacy notice
  • Asking you to leave a review or take a survey
  • Identity
  • Contact
  • Profile
  • Marketing and Communications
  • Performance of a contract with you
  • Necessary to comply with a legal obligation
  • Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable you to partake in an event, prize draw, competition or complete a survey

  • Identity
  • Contact
  • Profile
  • Usage
  • Marketing and Communications
  • Performance of a contract with you
  • Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
  • Consent

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

  • Identity
  • Contact
  • Technical
  • Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
  • Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

  • Identity
  • Contact
  • Profile
  • Usage
  • Marketing and Communications
  • Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To manage our after-sales relationship with you, including:

  • Assisting you with warranty issues
  • Contacting you in relation to a product recall
  • Identity
  • Contact
  • Profile
  • Transaction
  • Performance of a contract with you
  • Necessary to comply with a legal obligation
  • Necessary for our legitimate interests (to keep our records updated

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

  • Technical
  • Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

  • Identity
  • Contact
  • Technical
  • Usage
  • Profile
  • Necessary for our legitimate interests (to develop our products/services and grow our business)
  • Consent

To evaluate potential employee candidates and conduct hiring decisions

  • Employment history
  • Educational background
  • Professional memberships
  • Trade union membership
  • Employee reference checks
  • Necessary to comply with a legal obligation

Provided that, in each circumstance, we will weigh the necessity of our processing for the purpose against your privacy and confidentiality interests, including taking into account your reasonable expectations, the impact of processing, and any safeguards which are or could be put in place. In all circumstances, we will limit such processing for our legitimate business interest to what is necessary for its purposes.

Your Failure to Provide Personal Information

Your provision of Personal Information is required in order to use certain parts of our services and our programs.  If you fail to provide such Personal Information, you may not be able to access and use our Services and/or our programs, or parts of our Services and/or our programs. 

Our Retention of Your Personal Information

We determine the appropriate retention period for Personal Information on the basis of the amount, nature and sensitivity of your Personal Information processed, the potential risk of harm from unauthorized use or disclosure of your Personal Information and whether we can achieve the purposes of the processing through other means, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).

After expiry of the applicable retention periods, your Personal Information will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data.

Sharing Personal Information

In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for one or more business purposes:

 

  • Identifiers;
  • California Customer Records Personal Information categories;
  • Protected classification characteristics under California or federal law;
  • Commercial information;
  • Biometric Information;
  • Internet or other network activity information;
  • Geolocation Data;
  • Sensory Data;
  • Professional or employment-related information.
  • Inferences drawn from other personal information.

We disclose your Personal Information for a business purpose to the following categories of third parties:

 

  • Our affiliates.
  • Commercial providers.
  • Enterprise accounts, such as your employer.
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with the services we provide to you.

We disclose your Personal Information for a business purpose to the following categories of third parties:

 

  • Our affiliates.
  • Commercial providers.
  • Enterprise accounts, such as your employer.
  • Service providers and other third parties we use to support our business, including without limitation those performing core services  (such as billing, credit card processing, customer support services, customer relationship management, accounting, auditing, administering sweepstakes, surveys, advertising and marketing, analytics, email and mailing services, data storage, and security) related to the operation of our business and/or the Services, and making certain functionalities available to our users;
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with the services we provide to you.

We may disclose your Personal Information for legal reasons. Specifically, we will share Personal Information with companies, organizations or individuals outside of Wahoo Fitness if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

 

  • Fulfill any purpose for which you provide it;
  • Meet any applicable law, regulation, legal process or enforceable governmental request;
  • Enforce applicable Terms of Use, including investigation of potential violations;
  • Detect, prevent, or otherwise address fraud, security or technical issues;
  • Protect against harm to the rights, property or safety of Wahoo Fitness, our Users or the public as required or permitted by law;
  • For any other purpose disclosed when you provide the information; and,
  • When we obtain your consent to do so.

We attempt to notify Users about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

We may disclose your Personal Information in the event of a business transfer. If we establish a new related entity, are acquired by or merged with another organization, or if substantially all of our assets are transferred to another organization, Personal Information about our users is often a transferred business asset. In the event that Wahoo Fitness itself or substantially all of our assets are acquired, Personal Information about our users may be one of the transferred assets.

Wahoo Fitness may compile and share your information in aggregated form (i.e., in a manner that would not personally identify you) or in de-identified form so that it cannot reasonably be used to identify an individual (“De-Identified Information”).  We may disclose such de-identified information publicly and to third parties, or to Wahoo Fitness Partners under agreement with us.

Sale of Personal Information

In the preceding twelve (12) months, we have not sold any Personal Information.

Your Rights and Choices

You may have certain rights relating to your Personal Information, subject to local data protection law. Whenever you use our services, we aim to provide you with choices about how we use your personal data. We also aim to provide you with access to your Personal Information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. Subject to applicable law, you may obtain a copy of Personal Information we maintain about you or you may update or correct inaccuracies in that information by contacting us. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information. In addition, if you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the How to Contact Us section below.

 

Rights Specific to California Residents

Under the California Consumer Privacy Act, California residents have specific rights regarding their personal information. This section describes Californians’ rights and explains how California residents can exercise those rights.

Below we further outline specific rights which California residents may have under the California Consumer Privacy Act.

  1. Right to Access Your Data. You have the right to request that we disclose certain information to you about our collection, use and disclosure of your Personal Information over the past twelve (12) months. Any disclosures we provide will only cover the 12-month period preceding the receipt of your request.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  
  2. Right to Data Portability. You have the right to a “portable” copy of your Personal Information that you have submitted to us.  Generally, this means you have a right to request that we move, copy or transmit your Personal Information stored on our servers or information technology environment to another service provider’s servers or information technology environment.
  3. Right to Delete Your Data. You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
  4. Right to Non-Discrimination for the Exercise of Your Privacy Rights. You have the right not to receive discriminatory treatment by us for exercising your privacy rights conferred by the California Consumer Privacy Act.

 

Exercising Your Rights

If you are a California resident who chooses to exercise your rights, you can:

  1. Submit a request via the online portal; or
  2. Call +1 (855) 812-0429 to submit your request.

You may also designate an agent to exercise your privacy rights on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification.

    • Our Response to Your Request

Upon receiving your request, we will confirm receipt of your request by sending you an email. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your personal information before acting on your request.

We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, listed below, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  3. Debug products to identify and repair errors that impair existing intended functionality;
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
  8. Comply with a legal obligation; or
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

 

Rights Specific to European Union Residents

The European Union’s General Data Protection Regulation (“GDPR”), and corresponding legislation in the United Kingdom and Switzerland, provide European, Switzerland and United Kingdom residents with certain rights in connection with Personal Data you have shared with us. If you are resident in the European Economic Area, you may have the following rights:

 

  1. The right to be informed. You are entitled to be informed of the use of your Personal Data.  This Privacy Policy provides such information to you.
  2. The right of access. You have the right to request a copy of your Personal Data which we hold about you.
  3. The right of correction: You have the right to request correction or changes of your Personal Data if it is found to be inaccurate or out of date. 
  4. The right to be forgotten: You have the right to request us, at any time, to delete your Personal Data from our servers and to erase your Personal Data when it is no longer necessary for us to retain such data.  Note, however, that deletion of your Personal Data will likely impact your ability to use our services.
  5. The right to object (opt-out): You have the right to opt-out of certain uses of your Personal Data, such as direct marketing, at any time. 
  6. The right to data portability: You have the right to a “portable” copy of your Personal Data that you have submitted to us.  Generally, this means your right to request that we move, copy or transmit your Personal Data stored on our servers / IT environment to another service provider’s servers / IT environment.
  7. The right to refuse to be subjected to automated decision making, including profiling: You have the right not to be subject to a decision and insist on human intervention if the decision is based on automated processing and produces a legal effect or a similarly significant effect on you.
  8. The right to lodge a complaint with a supervisory authority.

You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here:  http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

Changing or Deleting Your Information

All customers may update or correct information about yourself by making changes to your profile, or emailing us at privacy@thesufferfest.com. If you completely delete all such information, then your account may become deactivated. We may retain an archived copy of your records as required by law, to comply with our legal obligations, to resolve disputes, to enforce our agreements or for other legitimate business purposes.

We may contact you to request that you update your Personal Data on a regular basis to ensure its integrity for the purposes of ongoing data management.

 

Our Opt-in/Opt-out Policy

By providing an email address on the Wahoo Sites or Services, you agree that we may contact you in the event of a change in this Privacy Policy, to provide you with any Service related notices, or to provide you with information about our events, invitations, or related educational information.

For purposes of this Privacy Policy, “opt-in” is generally defined as any affirmative action by a User to submit or receive information, as the case may be.

We currently provide the following opt-out opportunities:

  1. At any time, you can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from us or a Wahoo Fitness Partner to unsubscribe from the service.     
  2. At any time, you can contact us through privacy@thesufferfest.com or the address or telephone number provided below to unsubscribe from the service and opt-out of our right per your consent under the terms of this Privacy Policy to share your Personal Data. 

Notwithstanding anything else in this Privacy Policy, please note that we always reserve the right to contact you in the event of a change in this Privacy Policy, or to provide you with any service related notices.

Your Ad Choices

As described above, we or third party partners may place or recognize a unique cookie on your browser when you visit our Sites for the purpose of serving you targeted advertising (also referred to as “online behavioral advertising” or “interest-based advertising”). You may find more information about entities involved in online advertising and additional choices you may make, including opt-out of having your information used for internet-based advertising, through the Network Advertising Initiative (“NAI”) at the NAI Service, and the Digital Advertising Alliance (the “DAA”) at the DAA consumer choice service. Wahoo Fitness is a participant in the online industry’s self-regulatory program administered by the DAA and has agreed to adhere to the DAA’s principles applicable to interest-based ads.

The tools provided at the DAA opt-out page and the NAI opt-out page are provided by third parties, not Wahoo Fitness. Wahoo Fitness does not control or operate these tools or the choices that advertisers and others provide through these tools.

Third Party Links

The Sites may contain links to webpages operated by parties other than Wahoo Fitness. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which the User will be subject to upon linking to the third party's website. Wahoo Fitness strongly recommends that each User review the third party's terms and policies.

International Transfer

We may, directly or indirectly through third-party entities around the world, process, store, and transfer the information you provide, including your Personal Information, as described in this Privacy Policy. Specifically, the information and Personal Information that we collect may be transferred to, and stored at, a location outside of your jurisdiction. It may also be processed by staff operating outside of your jurisdiction who work for us or for one of the organizations outlined in this Privacy Policy in connection with the activities outlined in this Privacy Policy. By submitting your information and Personal Information using the Sites, you agree to this transfer, storing or processing. We will take all steps necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Policy. We have put in place commercially reasonable technical and organizational procedures to safeguard the information and Personal Information we collect on the Sites.

How We Protect Personal Data

Wahoo Fitness maintains administrative, technical and physical safeguards designed to protect the User's Personal Data and information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, taking into account technological reality, cost, the scope, context and purposes of processing weighted against the severity and likelihood that the processing could threaten individual rights and freedoms. For example, we restrict access to personal information to Wahoo Fitness employees, contractors, business partners and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. We use commercially reasonable security measures such as encryption, firewalls, and Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Data.   

If Wahoo Fitness collects account information for payment or credit, Wahoo Fitness will use the information only to complete the task for which the account information was offered.

Children

Our website is not intended for children under 16 years of age. We do not intentionally gather Personal information about visitors who are under the age of 16.  If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 16 in the applicable jurisdiction, please contact us at privacy@thesufferfest.com.  If we learn that we have inadvertently collected the personal information of a child under 16, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible. 

Direct Marketing and “Do Not Track” Signals

Wahoo Fitness does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.

California residents are entitled to contact us to request information about whether we have disclosed Personal Data to third parties for the third parties’ direct marketing purposes. Under the California “Shine the Light” law, California residents may opt-out of our disclosure of Personal Data to third parties for their direct marketing purposes. You may choose to opt-out of the sharing of your Personal Data with third parties for marketing purposes at any time by submitting a request to privacy@thesufferfest.com. California users may request further information about our compliance with this law by contacting us at privacy@thesufferfest.com or by writing to us at the address listed in the “How to Contact Us” section.

Wahoo Fitness Partners

Some Wahoo Fitness customers, such as studios (“Wahoo Partners”), engage us to deliver Services to their employees, customers and other users. Partner Information, Information about our Partner’s Contacts and Archival Information (each defined below) are governed by this Privacy Policy, the Wahoo Terms of Use and any other services agreements between Wahoo and the applicable Partner.

 

  • Wahoo Fitness Partner Information. We collect information about individuals within our Wahoo Fitness Partners organization (“Partner Information”). Partner Information may include information related to the Partner’s account, name, work e-mail address, work phone number, job title or similar kinds of information. We use Partner Information to support the Partner account, maintain our business relationship with the Partner, respond to Partner inquiries, or perform accounting functions. Wahoo Fitness Partners may update personal information and password by logging into the Wahoo Fitness Platform and updating their account. Wahoo Fitness Partners may contact Wahoo support in order to delete their Personal Data. In some cases, we may not be able to delete Partner Information, and in such cases we will tell you why.

 

  • Information about our Partners’ Contacts. We collect information about any contacts, such as employees, customers, and others, that may be uploaded into the Wahoo Fitness Platform (“Information about our Partners’ Contacts”). Information about our Partner’s Contacts may include name, e-mail address, phone number, job title, or similar kinds of information. We use Information about our Partner’s Contacts for the purposes of providing Services to such contacts. Wahoo Fitness Partners may update or delete Information about their contacts in the Wahoo Platform. Wahoo Fitness Partners may also contact Wahoo Fitness support in order to update and delete such information. In some cases, we may not be able to delete such information, and in such cases we will tell you why.

 

  • Archival Information. We collect communications information for archival purposes on behalf of, and as directed by, our Wahoo Fitness Partners. This information may include emails, texts, websites, social media messages or posts, and other forms of data or electronic communications (“Archival Information”). Archival Information includes data about our Wahoo Fitness Partners and the third parties they correspond with. We do not control or monitor the information our Wahoo Fitness Partners collect and store through our services, or their privacy practices or policies. It is our Partner’s obligation to obtain all necessary consents and to comply with all applicable laws with respect to the Partner’s communications and use of our services. Our Partner’s privacy policies or practices apply to Archival Information, the purposes for which the Partner collects Archival Information, how the Partner may use Archival Information and what choices the individual may have with respect to Archival Information. Individuals must contact the applicable Partner in order to correct, amend, or delete their information, or to opt out of any collection, uses or disclosure of their information by our Partner.

 

  • Automatically Collected Information. We collect information automatically about how our Wahoo Fitness Partners use our services (“Automatically Collected Information”). We do this via data collection technologies such as cookies, web beacons, gifs or other tracking technologies. We collect this information in order to monitor, support and improve our services or to provide Wahoo Fitness Partners with certain customized features. We may use Automatically Collected Information to tell us how our Wahoo Fitness Partners use our services, to improve our services or develop new products, services or features. We may combine this information with other information we collect.

We treat Partner Information, Information about our Partner’s Contacts, Archival Information and Automatically Collected Information as the confidential and proprietary information of our Wahoo Fitness Partners, subject to the terms of the Wahoo Fitness Terms of Use and any other service agreement between Wahoo Fitness and the Partner. We do not share Partner Information, Information about our Partner’s Contacts, Archival Information or Automatically Collected Information with third parties unless directed to do so by our Partner, as may be necessary to provide services to the Partner, to our advisors, affiliates, representatives, agents, service providers, in connection with a business transaction (such as a merger or sale), as allowed under the terms of our agreement with our Partner, or in response to a court order, subpoena, warrant or to comply with a legal requirement or to cooperate with an investigation. We may disclose Partner Information, Information about our Partner’s Contacts, Archival Information or Automatically Collected Information for the aforementioned reasons, or in order to protect our rights or the rights of our affiliates, Wahoo Fitness Partners, channel partners or service providers.

We will retain Partner Information we process on behalf of our Wahoo Fitness Partners for as long as needed to provide services to our Partner, or for the period of time requested by a particular Partner.

Klarna Financing

United Kingdom

In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain aspects of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you.

General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy policy.

Germany

In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain aspects of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

The full details from Klarna can be found here: https://developers.klarna.com/documentation/klarna-payments/legal-privacy/eu/

Changes to this Privacy Policy

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services or programs, email notification or privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

How to Contact Us

If you have any specific questions about this Privacy Policy, you can contact us via email or phone or by writing to us at the address below:

Send e-mail to: privacy@thesufferfest.com   

Send mail to our address:

Wahoo Fitness, LLC

Attn: Privacy Policy Inquiry

90 West Wieuca Rd NE #110

Atlanta, Georgia 30342

U.S.A.

Revisions:

 

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