Privacy Policy

Privacy Policy

Evlo Fitness LLC (“us,” “we” or “our”) respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide to us through services accessible via www.evlofitness.com or any other website, IP address, social media account, iOS app, Android app, web app or other online product or service offered by us (collectively, the “Service”) and our procedures for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect through the Service and in email, text, and other electronic messages between you and the Service.

It does not apply to information collected by us offline or through any other means, including on any other website operated by us or any third party or by any third party that may link to or be accessible from or through the Service.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use the Service. By accessing or using the Service, you agree to the terms of this policy. This policy may change from time to time as described below. Your continued use of the Service after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

1. Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“personal information”). Personal information does not include:

• Publicly available information from government records;
• Deidentified or aggregated consumer information;
• Information excluded from the scope of the California Privacy Rights Act of 2020 (“CPRA”), like:

• health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
• personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In particular, we may collect the following categories of personal information:

Category	Common Examples
A. Identifiers	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number and other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))	A name, signature, social security number, physical characteristics or description, address, email address and/or telephone number. Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law	Age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability or sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions).
D. Commercial information	Records of products or services, such as newsletters, purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Internet or other similar network activity	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

We collect this information:

• Automatically as you navigate through our website, which information may include usage details, IP addresses, and other information collected through cookies, web beacons, and other tracking technologies described in the Section titled “Information We Collect Through Automatic Data Collection Technologies” below;
• When you register for an account or sign up for a free trial;
• When you provide us with payment information, however, except for the name associated with your card and information about the transaction (e.g., time of transaction, amount), payment card information is collected directly by a third-party payment vendor and is not received or stored by us;
• When you participate in any interactive features of the Service;
• When you sign up for our e-mails, mobile messages, or social media notifications;
• When you provide us with comments, suggestions, or other input; and
• Directly from you when you otherwise provide it to us.

Information We Collect Through Automatic Data Collection Technologies 

As you navigate through and interact with our Service, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to the Service, such as traffic data, location data, logs, and other communication data and the resources that you access and use; and
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (e.g., behavioral tracking).

The information we collect automatically is only statistical data. It helps us to improve the Service and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns;
• Store information about your preferences;
• Speed up your searches; and
• Recognize you when you return to our Service.

Information You Provide to Us 

If you contact us on or through the Service, the information we collect may include personal information such as name, e-mail address, telephone number, and any other information you provide to us, including records and copies of your correspondence.

Automated Text Messages 

If you sign up through the Service for automatic text messages, text messages may be sent to you via an automatic telephone dialing system. Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. If you are experiencing any problems with our text messages, please request for support using the contact information included below.

• How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

• Fulfill or meet the reason you provided the information;
• Provide, support, personalize, and develop our website, products, and services;
• Create, maintain, customize, and secure your account with us;
• Send marketing communications and other information regarding products, services and promotions;
• Improve the effectiveness of the Service, website, stores, mobile experience and marketing efforts;
• Conduct research and analysis, including focus groups and surveys;
• Process your requests, purchases, transactions, and payments and prevent transactional fraud;
• Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations; and
• For any other purpose with your consent.

Targeted Advertising 

We may also use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. You can limit the use of your information for purposes of targeted advertising using a number of methods:

• Via the Digital Advertising Alliance’s tool available at optout.aboutads.info, which lets you opt-out of interest-based ads on websites;
• Via AppChoices mobile app, available at https://www.youradchoices.com/appchoices, which lets you opt-out of interest-based ads in mobile apps;
• Using platform specific opt-out features:
  • Google: https://adssettings.google.com/
  • Facebook: https://www.facebook.com/about/ads
• By configuring your browser settings and/or mobile settings to restrict third-party cookies and/or the use of the advertising ID associated with your mobile device for interest-based advertising purposes.

The options described above must be set on each of your devices in order to apply. Not all companies that serve interest-based ads participate in the ad industry opt-out programs described above, so even after opting-out, you may still receive some cookies and interest-based ads from other companies.

Email

When you create an account, you may receive certain emails:

• Transaction Emails: When you first create an account, we may send you a welcome email that provides information about your subscription and your account. If you make a purchase, we may send you an email confirming your purchase. We may also send you other emails concerning your account status and renewals. You may not opt out of transactional emails.
• Marketing Emails: Depending on your preferences, we may send you emails letting you know about new programs or features, or promotions. You may opt out of these emails at any time in your account settings.
• Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this policy:

• To our affiliates, in which case we will require our affiliates to honor this policy;
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about the Service users is among the assets transferred;
• With certain business partners to provide requested services that we do not provide directly;
• To fulfill the purpose for which you provide it; and
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• To enforce or apply our terms of use agreement; and
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers or others.
• Our Retention of Your Information

We will only keep your personal information for as long as it is necessary for the purposes set out in this policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Your Rights

You have the right under certain circumstances:

• to be provided with a copy of your personal information held by us;
• to request the rectification or erasure of your personal information held by us;
• to request that we restrict the processing of your personal information (while we verify or investigate your concerns with this information, for example);
• to object to the further processing of your personal information;
• to request that your provided personal information be moved to a third party.

Where the processing of your personal information by us is based on consent, you have the right to withdraw that consent without detriment at any time by contacting us.

You can also exercise the rights listed above at any time by contacting us through the contact information provided below.

• Our Protection of Your Information

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from the Service is at your own risk. You should only access the Service within a secure environment.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of stored personal data to you via email or conspicuous posting through the Service in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

• Children

Parents should always supervise their children while online. The Service is not designed nor intended to collect personal information from children under the age of sixteen. So that we may comply with the Children’s Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information through the Site. If a child under the age of thirteen has provided us with personal information, we ask that a parent or guardian contact us through the contact information provided below.

• Do Not Track Features

Most web browsers and some mobile operating systems and mobile applications include a Do­Not­Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this policy.

• Additional Privacy Rights for California Residents

This Section  applies to all users who reside in the State of California and is adopted to comply with the California Privacy Rights Act of 2020 (“CPRA”). This Section does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.

The CPRA provides consumers (California residents) with specific rights regarding their personal information. This Section describes your CPRA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will disclose to you:

•        The categories of personal information we collected about you;

•        The categories of sources for the personal information we collected about you;

•        Our business or commercial purpose for collecting or selling that personal information;

•        The categories of third parties with whom we share that personal information;

•        The specific pieces of personal information we collected about you (also called a data portability request);

•        If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

o       sales, identifying the personal information categories that each category of recipient purchased; and

o       disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

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 (see Exercising Access, Data Portability, and Deletion Rights below), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
• 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, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);
• Debug products to identify and repair errors that impair existing intended functionality;
• 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;
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
• 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.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

•     Calling us at the number provided below; or

•     Sending us an email at the address provided below.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent please email us at the email address provided below and provide your name and phone number as well as the authorized agents’ name and contact information (phone number or email address) and let us know what the scope of the authorized agents’ rights are to act on your behalf. If your authorized agent requests sensitive information about you then we may ask you to provide us with a sworn declaration to further verify your identity.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

•     Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include your full name, email address, phone number and zip code; and

•     Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We attempt to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), 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.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or unreasonable. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CPRA rights. Unless permitted by the CPRA, we will not:

•     Deny you goods or services;

•     Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;

•     Provide you a different level or quality of goods or services; or

•     Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

“Shine the Light” Law

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

• Updates to this Policy

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Last updated” date below and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

1. Contacting Us

If you have questions regarding this policy or wish to obtain additional information, please send an e-mail to contact@evlofitness.com.

Last updated: August 20, 2024