Privacy Policy

YOUR PRIVACY: OVERVIEW 

If you are a consumer in the United States, this privacy policy (“Privacy Policy”) explains how Obscure International LLC (d/b/a Athletics Research) and our subsidiaries and affiliated companies, (collectively, “Athletics Research,” “we,” or “us,”) collect, use, process, disclose, and retain your personal data when you access or use our websites, mobile applications, Athletics Research, and any other applications, products, or services that display this Privacy Policy (collectively, the “Services”). This Privacy Policy also applies to personal data we collect when you shop in our stores, engage with our Guest Education Centre, register for and attend our events, engage with us on social media, join a membership program, or otherwise interact with us. Please review this Privacy Policy carefully. Note that we provide different or additional privacy notices in connection with certain activities, programs, and offerings. These notices may supplement or clarify our privacy practices and may provide you with additional choices about how we process your personal data. For more information about our privacy practices in another jurisdiction, please refer to the privacy policy available in our stores, or posted on our website, for that jurisdiction. Our privacy practices are subject to applicable laws in the places in which we operate, which means we engage in the practices described in this notice in a particular country or region only as permitted under the laws of such jurisdictions.

REVISIONS TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. If we make material changes to this Privacy Policy, we will provide you with additional notice (such as adding a statement to our websites’ homepages or sending you a notification). We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

CONTENTS

  • COLLECTION OF PERSONAL DATA
  • USE OF PERSONAL DATA
  • DISCLOSURE OF PERSONAL DATA
  • ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS
  • DATA TRANSFERS AND RETENTION OF PERSONAL DATA 
  • CHILDREN’S PRIVACY
  • THIRD PARTY SITES
  • YOUR PRIVACY RIGHTS AND CHOICES
  • ADDITIONAL INFORMATION FOR CALIFORNIA CONSUMERS
  • ADDITIONAL INFORMATION FOR AMBASSADORS
  • CONTACT US

COLLECTION OF PERSONAL DATA

In this Privacy Policy, “personal data” means any information that is related to an identified or reasonably identifiable natural person, or as otherwise defined under applicable law. The types of personal data we collect about you depend on your interactions with us. In this section, we describe the categories of personal data we collect and the sources of this data.

PERSONAL DATA YOU PROVIDE DIRECTLY TO US

We collect personal data directly from you when you use our Services or otherwise interact with us, including

  • Profile Data. We collect information or content you provide to us in connection with an account or profile, such as when you register for an account, create a profile, participate in our membership programs, fill out a form, or use Athletics Research. Examples of profile data we may collect include your name, email address, phone number, mailing address, account login name and password, ID, height, weight, equipment you own, activity preference, Athletics Research followers, injuries, physical limitations, clothing and shoe size, hobbies, interests, studio or business name, preferred language, dietary restrictions, allergies, birthday, social media handles, and classes you teach or attend in connection with our membership programs.
  • Demographic Data. We may collect demographic data when you fill out forms or surveys or sign up for and participate in events, contests, sweepstakes, promotions, and special programs that we provide. Examples of such information include age and gender.
  • Transaction Data. We collect transaction information related to the use of our Services or your purchases. Examples of information collected include the type of products or services requested or provided, order details, delivery information, amount charged, payment method, credit card information, billing or shipping information, customization services for Athletics Research products, and information about any products or services you returned or exchanged with us. If you make a purchase, we work with third-party payment processors to collect and process your payment information.
  • Communications Data. We collect information when you communicate with us or others on our Services, such as when you request additional information about products or services, interact with our customer service team or store associates, contact others through Athletics Research, or sign up to receive our email newsletters or marketing messages. We also collect communications data when you interact with us on social media, such as by tagging us and/or our products or permitting us to follow your social media profile. Examples of such data may include your contact information, the date and time of your communications, online identifiers, social media profile, and the content of your communications.
  • User Content. We collect any other information or content you provide to us, such as when you rate workouts, provide design or product feedback, make other submissions to us, participate in any of our experiential offerings in our stores or at other locations sponsored by us, or use other features of our Services that may be offered from time to time, which may require the collection of certain personal data in order to utilize the features. Examples of user content may include information about your size, fit, goals, opinions, feedback, preferences, text, images, and any other personal data you choose to provide in your interactions with us.

PERSONAL DATA WE COLLECT AUTOMATICALLY

We automatically collect certain personal data when you access and use our Services or shop in our stores. The types of information we collect may include:

  • Device and Network Data. We collect certain information about the device you use to access our Services. Examples of such data include your device’s hardware model, browser type, IP address, operating system version, language settings, unique device identifiers, advertising identifiers, serial numbers, device motion data, screen resolution, usage and traffic data, how your device interacts with the Services, network information, and mobile network data.
  • Usage Data. We collect information about your activity on our Services via log files, cookies, web beacons, and other tracking technologies. Examples of such data include your access dates and times, pages or screens viewed, how long you spent on a page or screen, the routes by which you access our Services, searches you conduct on the Services, information about your activity on a page or screen, app crashes and other system activity, your use of any hyperlinks available within our Services, information about your interactions with our emails, your Internet service provider (ISP), Mobile Advertising ID, media access control (MAC) address, and identifiers associated with browser cookies, web beacons, and similar technologies we deploy on our Services (for more information about cookies and how to disable them, see the COOKIES section below).
  • Audio, Video or Sensory Data. We collect audio, video, or sensory information from you. Examples of such data include video recordings when you visit our stores, sensory data when you participate in a product test requiring sensory data, or audio or video recordings when you call our Customer Service.
  • Location Data. We collect information about your precise or approximate location information in accordance with your device permissions. You may use our Services without enabling us to collect location data from your device, however, this may affect some functionality available in the Services. For example, you may need to manually enter an address to find a store near you if you have not enabled location data collection. For more details, please see “YOUR CHOICES” section below. We may also use technology in our retail locations to collect data about the presence of your device.
  • Activity Data. When you use Athletics Research, we may collect activity data, such as information about how your body moves, including audio and video recordings of your workout and how you position and move your head, arms, hands, feet, legs, and torso. We may also collect history and metrics data, including your heart rate, fitness performance history, Athletics Research studio achievements, and workout history.

PERSONAL DATA WE COLLECT FROM OTHER SOURCES

  • Fitness studios and providers of online booking tools when you sign up for and participate in classes offered or sponsored by us.
  • Our other customers, including when they bring you as a guest to one of our events, refer you, or list you as an emergency contact.
  • Third parties hosting events, including those sponsored by Athletics Research, when they provide event attendance or participation information to us.
  • Publicly available sources.
  • Other guests or third parties providing information in connection with a dispute.
  • Carriers or other third parties when they provide your updated delivery and address information to us, which we use to correct our records and deliver your next purchase or communication.
  • Our holding company, subsidiaries and affiliates.
  • Third-party platforms, such as Facebook, Twitter, Google, Spotify, Apple Health, and Instagram, that you use to interact with our Services (e.g., to create an account) or that allow you to provide information to us (e.g., via plugins, widgets or other tools), but always in accordance with the authorization procedures and privacy settings you establish with such services.
  • Unaffiliated parties, such as our service providers, analytics companies, marketing or advertising service providers, fraud prevention service providers, consumer data resellers, and other third parties that provide us with information, so we can better understand you and provide you with information and offers that may be of interest to you.

PERSONAL DATA WE DERIVE

We may derive information or draw inferences about you based on the other types of personal data we collect. For example, we may infer your location based on your IP address, or your purchasing habits based on your browsing behavior on our Services.

USE OF PERSONAL DATA

We collect and use personal data for various purposes, including to:

  • Provide Products and Services. Provide, administer, deliver, customize, support, maintain, and improve our products, events, services, and membership programs;
  • Complete Transactions. Complete the transactions you request, perform our contractual obligations, including processing payments through third-party vendors, and as otherwise anticipated within the context of our ongoing business relationship;
  • Manage Accounts. Create and manage your online accounts, profiles, and membership programs;
  • Service Communications. Send communications related to your account, participation in membership programs, purchases, exchanges, and returns;
  • Respond to You. Respond to your requests and any other communications from you, including to provide customer service;
  • Advertising and Marketing. Send advertising or marketing communications about products, services, offers, promotions, rewards, and events offered by Athletics Research and others, and provide news and information that we believe may be of interest to you. Our marketing and advertising will be conducted in accordance with your advertising marketing preferences and as permitted by applicable law;
  • Events and Offers. Offer, conduct, and administer events, classes, contests, prize draws, sweepstakes, and other promotions;
  • Research and Development. Conduct research and development;
  • Personalize Your Experience. Monitor, analyze, and audit your engagement with our brand and your interactions with our Services and online ads to better understand your interests and behaviors and customize your experience;
  • Safety and Security. Detect and protect against malicious, deceptive, or illegal activity, including fraudulent transactions, error, negligence, and breach of contract, security incidents, and harm to the rights, property or safety of Athletics Research and our users, customers, employees, or others;
  • Troubleshooting. Debug, identify, and repair errors that impair existing intended functionality of our Services;
  • Corporate Transactions. We may process personal data in the context of corporate acquisitions, mergers, or other corporate transactions;
  • Your Consent. We may process your personal data in accordance with your consent, intentional direction, or instructions;
  • Comply with Legal Obligations. Comply with our legal or regulatory obligations, including our tax obligations and those related to the prevention of fraud and money laundering, and those required for you to benefit from rights recognized by law, or any regulatory requirements or provisions; and
  • Reasonable Other Purposes. As permitted by applicable law, carry out certain short-term activities and other reasonable purposes related to the products or Services you purchase from us or your ongoing relationship with us. Where required by applicable law, Athletics Research will provide a notice of such data processing prior to using your personal data for such purposes

DISCLOSURE OF PERSONAL DATA

We share personal data for the purposes described below:

  • With our Affiliates and Subsidiaries. We disclose your personal data to our corporate affiliates, including our holding company, sister companies and subsidiaries for the purposes described in the “USE OF PERSONAL DATA” section above.
  • With our Service Providers. We disclose personal data with unaffiliated companies or individuals we hire or work with that perform services on our behalf, including customer support, web hosting, information technology, payment processing, financing, product fulfilment, fraud control, marketing and database management, direct mail and email distribution, events, contest, sweepstakes and promotion administration, music integration, extended warranty services, and advertising and analytics services. These service providers have access to personal data needed to perform their services, but may not use it for other purposes.
  • With Contractors and Third-Party Partners. We disclose personal data to unaffiliated companies or individuals we partner with to provide certain products, services, or experiences to you. For example, we disclose personal data to third parties that provide financing for your purchases. We also permit certain third parties, like our fraud prevention partners, to collect personal data in order to detect and prevent fraudulent transactions.
  • In Connection with a Corporate Transaction. Personal data may be disclosed or transferred as part of, or during negotiations of any purchase, sale, lease, merger, amalgamation, or any other type of acquisition, disposal, securitization or financing involving Athletics Research.
  • With our Professional Advisors. We disclose personal data with our legal, financial, insurance, and other advisors in connection with the kinds of corporate transactions described above or in connection with the management of all or part of Athletics Research’s business or operations.
  • With Law Enforcement Authorities and Individuals Involved in Legal Proceedings. We disclose personal data when we believe doing so is reasonably necessary to comply with applicable law or legal process (including an enforceable request from authorities), to respond to claims (including inquiries by you in connection with your purchases from Athletics Research), enforce or apply our TERMS OF USE, or to protect the rights, property, or personal safety of Athletics Research, our users, employees, or others.
  • With Other Users of the Services or the Public. When you use Athletics Research, we may display your username such that other users may see your username and contact you. For example, if you choose to add other users as friends or participate in face-offs, your video, profile data, and fitness and performance data may be visible to these other users and the other users may be able to comment on your workouts (with the comments becoming part of your Athletics Research profile). We do not control how other users or third parties use any personal data that you make available to them. Please be aware that any information you post publicly can be cached, copied, screen captured, or stored elsewhere by others (e.g., search engines) before you have a chance to edit or remove it.
  • With Your Consent or at Your Direction. We disclose personal data, such as profile data and communications data with third parties when we have your consent or direction to do so. For example, if you decide to participate in certain interactive areas or features of our events or Services, such as creating a public profile and posting your goals, you consent to the disclosure of this information to other users of our Services. We may also disclose your personal data with third parties, such as personal trainers, fitness studios, and providers of online booking tools, when you intentionally direct us to do so or when you use our Services to intentionally interact with third parties.
  • Aggregated, Anonymized or De-identified Data. We may also disclose aggregated, anonymized, or de-identified information, which cannot reasonably be used to identify you. Athletics Research processes, maintains, and uses this data only in a de-identified fashion and will not attempt to re-identify such data, except as permitted by law.

ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

We may allow others to provide analytics services and serve advertisements on our behalf across the web and in mobile applications. These entities may use cookies, web beacons, device identifiers, and other tracking technologies which collect information about your use of the Services and other websites and applications. This information may be used by Athletics Research and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interest on our Services and other websites, and better understand your online activity. For more information about interest-based ads, or to opt out of having information about your use of the Services used to show ads that are targeted to your interests on other sites and services, by companies that participate in the Digital Advertising Alliance, please visit  WWW.ABOUTADS.INFO/CHOICES. You may also opt out of having information about your use of the Services used to show ads that are targeted to your interests on other sites and services and other potential “sales” of your personal information by visiting the “Do Not Sell My Personal Information” link in the footer of our websites.  

DATA TRANSFERS AND RETENTIONS

DATA TRANSFERS

We have operations and vendors in the United States, and other countries, which means we may transfer your personal data to, or store or access it in, jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction. Where required by law, we provide adequate protection for the transfer of personal data in accordance with applicable law, such as by obtaining your consent, setting up contractual obligations with our service providers, relying on the European Commission’s adequacy decisions, or executing Standard Contractual Clauses. Where relevant, you may request a copy of these Standard Contractual Clauses by contacting our Privacy Officer at legal@athleticsresearch.com

RETENTION OF PERSONAL DATA

We retain personal data in accordance with applicable law. Unless otherwise required by applicable law, Athletics Research will take reasonable steps to destroy or permanently de-identify personal data we hold if such personal data is no longer needed for the purpose for which it was collected.

CHILDREN’S PRIVACY

Athletics Research does not target our Services to children; however, we may allow children 13 and older to use Athletics Research with the consent and under the supervision of a parent or legal guardian. If you are a parent or legal guardian and you believe that your child has provided us with personal data without your consent, please contact us at legal@athleticsresearch.com

THIRD PARTY SITES

Please note that our websites contain links to third-party websites that are not controlled or operated by Athletics Research. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that Athletics Research does not accept any responsibility or liability for these policies. Please review these policies before you disclose any personal data when visiting such third-party websites.

YOUR PRIVACY RIGHTS AND CHOICES

TRANSPARENCY, ACCESS, CORRECTION, AND DELETION

Depending on where you reside and other legal limitations, you may have the right to (1) request more information about the categories and specific pieces of personal data we collect, use, disclose, and sell about you, (2) request access to your personal data, (3) request deletion of your personal data, (4) request correction of inaccurate personal data, and (5) opt out of certain processing activities. We will not discriminate against you if you choose to exercise any of your privacy rights.

You can make these requests at any time by visiting our site and writing to us at legal@athleticsresearch.com. You can also access, correct or delete certain information stored within your online account at any time by logging into your account and navigating to the “Profile” page. After submitting your request, please monitor your email for a follow-up communication from us. We may be required to verify your request by asking you to provide additional information related to your recent interactions with us, such as your name and email.

If we deny your request, you may appeal our decision by contacting us at legal@athleticsresearch.com. If you have concerns about the results of an appeal, you may contact the attorney general in the state where you reside.

MARKETING COMMUNICATIONS

You may opt out of receiving promotional communications from us by following the instructions in those communications or by logging into your online account and changing your communications preferences. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

LOCATION DATA

When you first launch any of our mobile applications that collect precise location information, you will be asked to consent to the application’s collection of this information. If you initially consent to our collection of this location information, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. If you do so, our mobile applications, or certain features thereof, may no longer function properly.

MOBILE PUSH NOTIFICATIONS/ALERTS

With your consent, we may send promotional and non-promotional push notifications or alerts to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

COOKIES AND SIMILAR TRACKING TECHNOLOGIES

Like many websites, Athletics Research uses cookies to analyze visits to our websites and emails and help us improve our website, services and marketing campaigns. Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our websites.

TECHNOLOGIES IN OUR RETAIL STORES

We have deployed WiFi access points in some of our stores, and we receive aggregate reports regarding store traffic that relies in part of information collected from the WiFi access points to track traffic patterns in our stores. Where such technology is used, we will provide a prominent notice at the location. If you wish to exclude your device from such in-store mobile analytics, you can opt out at any time by turning off WiFi on your device.

ADDITIONAL INFORMATION FOR CALIFORNIA CONSUMERS

If you are a California resident, California law requires us to disclose the following additional information with respect to our collection, use, and disclosure of personal data. If you are a California resident, this section applies to you.

CATEGORIES OF PERSONAL DATA COLLECTED

In the preceding 12 months, we have collected the following categories of personal data: identifiers, characteristics of protected classifications under California or U.S. law, commercial information, internet and electronic network activity, geolocation data, audio, visual, or other sensory information, inferences drawn about your preferences, and other categories of personal data that relate to or are reasonably capable of being associated with you. For examples of the precise data points we collect and the categories of sources of such collection, please see “COLLECTION OF PERSONAL DATA” section above.

BUSINESS OR COMMERCIAL PURPOSE FOR COLLECTING, USING, AND DISCLOSING DATA

We collect, use, and disclose personal data for the business or commercial purposes described in the “USE OF PERSONAL DATA” section above.

CATEGORIES OF PERSONAL DATA DISCLOSED AND CATEGORIES OF THIRD-PARTY RECIPIENTS

In the preceding 12 months, we have disclosed the following categories of personal data for business or commercial purposes to the following third parties:

  • We disclose identifiers to advertising networks, Internet service providers, data analytics providers, operating systems and platforms, social networks, payment processors, fulfilment partners, customer support partners, events and promotions partners, and fraud prevention partners.
  • We disclose internet and electronic network activity information to advertising partners, Internet service providers, data analytics providers, operating systems and platforms, internet service providers, customer support partners, and fraud prevention partners.
  • We disclose commercial information to advertising partners, data analytics providers, payment processors, fulfilment partners, customer support partners, and fraud prevention partners.
  • We disclose audio, visual, and sensory information to customer support partners, events and promotions partners, and fraud prevention partners.
  • We disclose geolocation data, characteristics of protected classifications under California or U.S. law, and inferences to advertising networks, Internet service providers, data analytics providers, and fraud prevention partners.

YOUR CALIFORNIA PRIVACY RIGHTS

Please see the “YOUR PRIVACY RIGHTS AND CHOICES” section above for more information about your privacy rights and how to exercise them.

California law requires that we provide transparency about personal information we “sell,” which means scenarios where we disclose personal information to third parties in exchange for valuable consideration. While we do not provide personal information about you to other companies for money, we do allow certain advertising and analytics partners to collect identifiers, commercial information and Internet or other electronic network information via our Services to show you ads that are targeted to your interests, and these disclosures may be considered “sales” as defined by California law. We do not sell personal data of individuals we know to be under 16 years of age.

You may designate an authorized agent to exercise privacy rights on your behalf by providing the authorized agent signed permission to submit the request on your behalf. If an authorized agent submits a request on your behalf, we may need to contact you to verify your identity and protect the security of your personal data. If you are an authorized agent seeking to make a rights request, please contact us at legal@athleticsresearch.com.

NOTICE OF FINANCIAL INCENTIVES

We offer various financial incentives. For example, we may provide discounts, coupons, or other benefits to customers who join membership programs or sign up to receive our marketing emails or text messages. When you participate in a financial incentive, we collect personal data from you, such as identifiers (like your email address or phone number), commercial information (like your purchase preferences and interests or purchase history), professional or employment-related information, inferences drawn about your preferences, and other categories of personal data that relate to or are reasonably capable of being associated with you. You can opt into a financial incentive by following the sign-up or participation instructions provided, and, for any ongoing benefits, you can opt-out at any time, such as by following the unsubscribe instructions in the applicable program’s terms and conditions, promotional emails, or text messages, or contacting us at legal@athleticsresearch.com. In some cases, we may provide additional terms and conditions for a financial incentive, which we will provide to you when you sign up. The value of your personal data is reasonably related to the value of the offer or discount presented to you.

ADDITIONAL INFORMATION FOR AMBASSADORS

If you are an Athletics Research brand ambassador, this section also applies to you. We may collect additional identifiers, such as your passport number and social security number, user-generated content such as product reviews, professional or employment-related information, and other information you provide to us. We may also collect information about your activity on our intranet or other collaboration platforms via log files, cookies, web beacons, and other tracking technologies. We may collect and use your personal data to manage the ambassador program, such as to conduct pre-participation checks or references, process and payments, and conduct performance reviews. We may disclose your personal data with other users of the Services or the public.

CONTACT US

If you have any questions or comments about this Privacy Policy, you may email us at legal@athleticsresearch.com