Privacy Policy and Imprint
Effective as of March 28, 2024
Introduction
Wahoo Fitness LLC, and its subsidiaries and affiliates (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 collected by Wahoo Fitness, its subsidiary companies, and the companies through which it does business, including Wahoo Fitness (UK) Limited. This Privacy Policy shall also apply to your use of the websites, www.wahoofitness.com, www.systm.wahoofitness.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 to you concerning your personal data, 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:
- When This Privacy Policy Applies
- Terms of Use
- Information We Collect
- Information Collected Related to California Residents
- How We Use Information We Collect
- Our Legal Basis for Collecting Personal Information
- Your Failure to Provide Personal Information
- Our Retention of Your Personal Information
- Sharing Personal Information
- Sale of Personal Information
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Your Rights and Choices
- Rights Specific to Californians
- Jurisdiction Specific State Rights
- Rights Specific to European Union Residents
- Rights Specific to Brazilian Residents
- Exercising Your Rights
- Our Opt-in/Opt-out Policy
- Third Party Links
- International Transfer
- How We Protect Personal Information
- Children
- Direct Marketing and “Do Not Track” Signals
- Wahoo Fitness Partners
- Klarna Financing
- Changes to this Privacy Policy
- How to Contact Us
Please familiarize yourself with our privacy practices and let us know if you have any questions. By using the Sites and our Services, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Sites or Services.
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 or 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@wahoofitness.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 or third-party sites and applications that you authorized to be used with our Services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise on 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 “Terms”), available at https://www.wahoofitness.com/terms-of-service. Please read the Terms carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Terms, 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:
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Information You Give to Us
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Personal Data You Provide to Use Our Sites
You may choose to provide us with Personal Data about yourself, including your name and email address, by completing forms on our Sites, or when creating and signing into your account for the Services. You may also choose to provide us with employment and education information when you apply for a job at Wahoo Fitness via our Sites. In conjunction with our financial services partners, 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.
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Personal Data You Provide to Use Our Services
You must provide certain Personal Data when creating an account to use our Services, such as your name, email address, username 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, height, weight, location (country), physical activity, heart rate, eating habits, training and athletic information (such as your functional threshold power). You can choose not to provide certain Personal Data, but then you may not be able to register for the 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. That data includes activity information relating to your use of our Services, including but not limited to workout time and distance, heart rate of power data, and other metrics.
When you engage in virtual cycling activities via our Services, certain Personal Data you provide when signing up for the Services (your name, your avatar, your age, certain activity information and/or information derived from your Personal Data or from your use of our Services (e.g., watts/kg), is shared publicly to other activity participants. Accordingly, please take care when creating your account and selecting your personal details.
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Information We Automatically Obtain from Your Use of Our Sites and Services
We collect certain information about you automatically when you use our Sites and Services, such as your operating system version, browser type, and internet service provider. We also collect information about your interaction with the Sites and Services, such as the act of creating or logging into your account or opening or interacting with the Sites or Services. When you use our Sites, we automatically collect and store this information in service logs. The service log information helps us bug fix and solve problems. This service log information includes: the details of your device, app version, network provider, and operating equipment used to access our Sites or Services; details of how you used our Sites or Services including the pages viewed and interacted with; details about the training equipment you used with our Sites and Services; 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. More specific information about the location and device information we obtain from your use of our Sites and Services follows.
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Location Data
Wahoo Fitness may collect information about your location when you use our Sites and Services. Your location can be determined by your IP address and information about things near your device, such as Wi-Fi access points and cell towers and GPS satellites. When you use our Services via a wireless device, we may solicit your permission to collect your location data. Some features within our application (such as navigation and mapping functionality) 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 or your location data is being provided (e.g., via cable broadband connection, Wi-Fi, or GPS). 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 Services (e.g., Apple’s iOS or 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.
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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.
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Training Information
When using our Services or Products, certain information is collected about your activities which enables us to provide you with the fitness or training information. The type of activity you have conducted, the time of the activity, wheel revolutions, power cycles (startup count), power ranges, shifting patterns, tilt data, or buttons you pressed on your Product or device may all be tracked to help us better provide you with the Services and the functions the Products were designed to offer.
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Social Networking
When using our Services or when using certain third-party social networking and fitness services (for example, Facebook or Twitter or Strava) (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.
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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.
More information on the specific cookies that we use on our Sites is available at https://www.wahoofitness.com/cookie-policy.
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 |
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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 |
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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 |
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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 |
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D. Commercial information. |
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
YES |
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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 |
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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 |
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G. Geolocation data. |
Physical location or movements. |
YES |
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H. Sensory data. |
Audio, electronic, visual, or similar information. |
YES |
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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 |
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J. 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:
- To present, operate or improve the Site and Services, including analysis of Site activity and the collection of workout and ranking information relating to your use of the Services;
- To process and fulfill transactions for products and Services you have purchased from us.
- To inform you about Services and products available from Wahoo Fitness;
- To authorize access to our Sites and Services;
- To maintain, administer or expand the Services, perform business analyses, or for other internal purposes to support, improve or enhance our business, the Services, and other products and services we offer;
- To offer and administer programs;
- To customize or tailor your experience of the Services;
- To administer content, promotion, sweepstakes, surveys, voting polls or other Site features;
- 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 about the Services and Sites;
- To improve our Site and Services;
- To secure our Services, including to authenticate Users;
- 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;
- To respond to and support Users regarding their use of the Sites and Services;
- To comply with all applicable legal requirements;
- To enforce our Terms of Use, this Privacy Policy, and other agreements;
- To perform data analysis and testing;
- To investigate possible fraud or other violations of our Terms of Use or this Privacy Policy and/or attempts to harm our Users;
- To resolve disputes (which may include disputes related to virtual cycling races, as further detailed below); and/or
- 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. When you participate in virtual cycling simulation via our Services, a selection of your Personal Data (primarily results and performance-based information) may be shared with the public, race participants, and/or other third parties solely to provide event and series results standings. If you are reported for or suspected of data manipulation for the purpose of enhancing your performance in virtual events, we will share your data associated with competition and performance solely for the purposes of analysis by third parties.
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 website 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.
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 |
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To register you as a new customer |
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To recover money owed to us and to fulfill your order for the products and Services you purchased from us which will include:
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To provide you with analytical information about your workout through the use of our apps |
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To manage our relationship with you which will include:
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To enable you to partake in an event, prize draw, competition or complete a survey |
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To administer and protect our business, our Services, and our Sites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) |
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To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you |
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To manage our after-sales relationship with you, including:
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To use data analytics to improve our website, products/services, marketing, customer relationships and experiences |
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To make suggestions and recommendations to you about goods or services that may be of interest to you |
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To evaluate potential employee candidates and conduct hiring decisions |
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In each circumstance, we will weigh the necessity of our processing for the purpose listed 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
With respect to any Personal Information that is necessary to provide the Services to you and others, we will retain such information as long as it is necessary to provide the Services to you and others, subject to any legal obligations to further retain such information. For the sake of clarity, information associated with your account, such as your purchase history, customer support history, workout history and profile, is necessary to provide the Services to you and will be kept until you request that your account be deleted. Personal Information you provide that is no longer necessary and relevant to provide the Services may be de-identified or aggregated with other non-personal data to provide insights into the use of our Services. Additionally, we may retain some Personal Information as necessary to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce Wahoo’s Terms of Service, and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.
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;
- Products and Services offered by us may be fulfilled by third parties, and in that case, we may share information with them for order fulfillment, diagnostics and other purposes related to your transaction; and
- 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 which 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 or as part of diligence relating to a potential business transfer, but only provided appropriate contractual safeguards are in place to prevent the further disclosure, dissemination, or use of your Personal Information. 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.
- 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.
- Right to Data Portability. You have the right not to receive discriminatory treatment by us for exercising your privacy rights conferred by the California Consumer Privacy Act.
- 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.
- 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.
- Right to Opt Out of Selling Your Personal Information with Third Parties and the Right to Opt Out of Sharing Your Personal Information with Third Parties. California residents have the right to opt out of the sale or sharing of their personal information by Wahoo to third parties. To exercise your right to opt out of the sale or sharing of your personal information, please visit our “Do Not Sell or Share My Personal Information” page linked at the bottom of our website.
- Right to Request Data about Third Party Sharing: California residents are entitled to contact us to request information about whether we have disclosed Personal Information 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 Information to third parties for their direct marketing purposes. California users may request further information about our compliance with this law by contacting us at privacy@wahoofitness.com or by writing to us at the address listed in the “How to Contact Us” section.
Rights Specific to Colorado, Connecticut, Delaware, Indiana, Montana, New Jersey, Tennessee, Texas, Virginia and Utah Residents
Under applicable state laws, Colorado, Connecticut, Virginia and Utah residents have specific rights regarding their personal information. This section describes the rights of residents of those states. Elsewhere in this policy we explain how you can exercise these rights.
- 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.
- 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.
- 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.
- 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 your state's Consumer Privacy Act.
- Right to Opt Out of Selling Your Personal Information with Third Parties and the Right to Opt Out of Sharing Your Personal Information with Third Parties. You have the right to opt out of the sale or sharing of your personal information by Wahoo to third parties. To exercise your right to opt out of the sale or sharing of your personal information, please visit our “Do Not Sell or Share My Personal Information” page linked at the bottom of our website.
- Right to Request Data about Third Party Sharing: You are entitled to contact us to request information about whether we have disclosed Personal Information to third parties for the third parties’ direct marketing purposes. You may opt out of our disclosure of Personal Information to third parties for their direct marketing purposes. You may request further information about our compliance with this law by contacting us at privacy@wahoofitness.com or by writing to us at the address listed in the “How to Contact Us” section.
Rights Specific to Oregon Residents
In addition to the rights listed immediately above, Oregon residents also have the following additional rights
- Right to Know: Oregon Residents have the right to know that a controller is processing or has processed their data, as well as the categories of personal data the controller is processing or has processed. Oregon residents can also obtain a copy of all the personal data that the controller has processed or is processing.
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Right to Revoke: Oregon residents have the right to revoke their consent to process personal data within 15 days after providing consent. Oregon residents may exercise their right to revoke during the 15day period in the following ways:
- For marketing/advertising-related data processing: At any time, you can follow the link provided in offers, newsletters, or other email and text messages received from us to elect not to receive our marketing or advertising emails or texts. You cannot unsubscribe from transactional communications from us, such as messages confirming your purchase. In addition to the opt-out options provided within marketing and advertising messages you receive from us, you can contact us through the online portal and request to opt-out of your consent.
- For Cookies: To revoke your consent to processing your data via cookies, please configure your web browser to manage cookies to your preference. Please read the “help” section of your browser or visit the guide at www.aboutcookies.org for more information on this process.
- For Location Services data: You may be able to control whether location data is collected from within the “Settings” or other controls on your device or the mobile application. Note that revoking access to location services data will limit or prevent your ability to access certain services provided by our apps and devices.
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For Biometric Data including height, weight, gender, heart rate, power, caloric expenditure, and sleep data:
- Height, Weight, and Gender: It is not possible to utilize any of our applications without providing this information. If you wish to revoke consent to process this data, please file a deletion request, and your app profiles will be deleted. This data is not processed by our webstore and is not required to visit or conduct transactions on our webstore.
- Power, Heart rate, and Caloric Expenditure Data: If you wish to revoke consent to process this data, please unpair or disconnect any sensor that provides this data to the Wahoo Fitness app, SYSTM, or your ELEMNT cycling device. Common sensors that provide this data would include but are not limited to: smart bikes, smart trainers, power meters, and heart rate monitors. Note that unpairing certain sensors could limit or prevent the use of our applications.
- Sleep Data: If you wish to revoke consent to process this data, please launch the ELEMNT app, pair your Rival watch to the ELEMNT app, go to settings -> my 24/7 data-> then toggle sleep tracking to “off.”
- Financial information including past purchase history, payment card details, and bank account numbers: We do not offer the ability to revoke this information, as retention of this data is required by law is necessary to perform our contract with you, and/or is integral to our business records and functions.
- Sharing of workout Data to 3rd parties (Strava/TrainingPeaks etc) for activity processing:
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:
- 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.
- The right of access. You have the right to request a copy of your Personal Data which we hold about you.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
Rights Specific to Brazilian Residents
If you are habitually located in Brazil, you have rights under the Lei Geral de Proteção de Dados (LGPD), including the right to access, rectify, download, or erase your information, as well as the right to restrict and object to certain processing of your information. You can find more information about how to exercise these rights in the section above entitled “Rights Specific to European Union Residents.”
The LGPD requires us to have legal bases to collect, use, share and otherwise process information about you. You can find a description of the legal bases we rely on by reviewing the above section entitled “Our Legal Basis for Collecting Personal Data.”
Exercising Your Rights
If you are U.S. resident with rights specific to your state, a European Union resident or Brazilian resident who chooses to exercise your rights, you can:
- Submit a request via the online portal; or
- Call 1(877) 978-1112 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 or retain certain limited Personal Data of yours if retaining the information is necessary for us or our service providers to:
- 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;
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
- Debug products to identify and repair errors that impair existing intended functionality;
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
- 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;
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
- Comply with a legal obligation; or
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Changing or Deleting Your Information
All customers may update or correct information about yourself by making changes to your profile or submitting a request via our online portal. If you completely delete all such information, then your account will become deactivated and any exercise information associated with that account will no longer be available to you. 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:
- 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.
- At any time, you can contact us through the online portal 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 our Terms of Service, 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 and Services may contain links to web pages 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
Wahoo Fitness is a global company with its headquarters located in the United States. Sharing data across borders may be essential in the performance of the Services which we provide, and as a result, your Personal Information may be collected, transferred to and stored by us and our affiliates outside your jurisdiction, including outside the European Economic Area (EEA), and in countries that are not subject to an adequacy decision by the European Commission and that may not provide for the same level of data protection as your jurisdiction.
We will, subject to applicable law, rely upon legally permitted data transfer mechanisms in order to transfer, process and store your Personal Information in a jurisdiction outside of your home jurisdiction. We will ensure that the recipient of your Personal Information offers an adequate level of data protection and security.
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 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@wahoofitness.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@wahoofitness.com. California users may request further information about our compliance with this law by contacting us at privacy@wahoofitness.com or by writing to us at the address listed in the “How to Contact Us” section.
FINANCING AND EXTENDED WARRANTY PROGRAMS
In order to be able to offer you payment and extended warranty options, we will pass to third parties Klarna, Affirm, and Extend certain of your Personal Data, such as contact information and order details, in order for Klarna, Affirm, and Extend to assess whether you qualify for their payment and extended warranty options and to tailor their options for you.
Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s, Affirm’s, and Extend’s privacy policies applicable to your jurisdiction.
Changes to this Privacy Policy
Our Privacy Policy may change from time to time. 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 of privacy policy changes).
How to Contact Us with a Privacy Request
If you’d like to submit a request for or about your data, please do so via our online portal.
If you have any specific questions about this Privacy Policy, you can contact us via email or phone at +1(877) 978-1112, or by writing to us at the address below:
Send e-mail to: privacy@wahoofitness.com
Send mail to our address:
Wahoo Fitness, LLC
Attn: Privacy Policy
90 West Wieuca Rd NE #110
Atlanta, Georgia 30342
U.S.A.
Imprint
Wahoo Fitness, LLC
90 West Wieuca Rd NE #110
Atlanta, Georgia 30342
CEO: Gareth Joyce
Tel +1(877) 978-1112
support@wahoofitness.com
VAT INSTITUTE Fiscal Representation B.V., Merwedestraat 86, 3313 CS Dordrecht, The Netherlands
VAT number: NL8507.14.291.B.01Wahoo Fitness LLC | EU VAT Number: NL823681816B01 | UK VAT Number: GB196075380