Johnson Fitness & Wellness Privacy Policy

Updated and effective December 10, 2024

Welcome to the Johnson Fitness & Wellness website, owned and operated by Johnson Health Tech Retail, Inc. (“JFW,” “we,” “us,” or “our”). This Privacy Policy (“Policy”) describes how we collect, use, retain, and disclose your Personal Information when you communicate with us or access, use, or otherwise interact with any of the websites (“Sites”), mobile and desktop or device applications, or other interactive features or online services (the “Services”). We may modify this Policy at any time in our discretion. Material changes will be conspicuously posted on the Sites, at the top of this Policy, or otherwise communicated to you. All changes will be effective immediately upon posting. IF YOU ARE A RESIDENT OF CALIFORNIA OR TEXAS, PLEASE SEE THE APPLICABLE PARAGRAPHS OF THE “YOUR STATE PRIVACY RIGHTS” SECTION BELOW FOR ADDITIONAL INFORMATION THAT APPLIES TO YOU.

WHAT IS PERSONAL INFORMATION?

For purposes of this Policy, “Personal Information” means information that alone or in combination identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include publicly available information or aggregated information that cannot reasonably identify an individual person or household.

THE PERSONAL INFORMATION WE COLLECT

We may collect Personal Information from you directly, through your equipment or other purchased products, automatically when you interact with the Sites or Services, and from third parties. We may supplement any information with the Personal Information we collect with outside records from other third parties, such as public databases, publicly available social media pages, and third parties who enhance the information we have about you. If we combine non-Personal Information with Personal Information, then we will treat the combined information as Personal Information under this Policy.

Through your interaction with the Sites and Services, we collect the following categories of Personal Information:

  1. Identifiers
    Examples: Name, mailing and shipping address, email address, phone number, IP address, and other contact information and online or device identifiers.
    Sources: Directly from you, cookies and tracking technologies, service providers, social media companies, business partners, data analytics providers, data brokers, advertising networks, and other users.
  2. Commercial Information
    Examples: Your transactions with us, your contacts with our customer service, and your participation in sweepstakes or contests we have offered.
    Sources: Directly from you, service providers, social media companies, business partners.
  3. Geolocation Data
    Examples: The location of the device you use to access the Sites and Services. If you disable location services on your device, we may still be able to collect or infer information on your approximate location via your device’s IP Address.
    Sources: Directly from you, cookies and tracking technologies, through your equipment or other purchased products, and service providers.
  4. Internet Activity
    Examples: Details about the hardware and software you use to visit the Sites and Services, IP address, your browsing and search history from within the Sites, areas of the Sites and Services you visit.
    Sources: Directly from you, cookies and tracking technologies, service providers, data analytics providers.
  5. Inferences Drawn
    Examples: We combine your Personal Information to create inferences that may relate to your perceived interests, preferences, characteristics, or behavior.
    Sources: Directly from you, cookies and tracking technologies, through your equipment or other purchased products, service providers, social media companies, business partners, data analytics providers, data brokers, and advertising networks.

Retention Period
We retain Personal Information only as long as we have a legitimate business purpose to do so. These purposes may include retaining Personal Information in order to:

  • Complete the transaction for which the Personal Information was collected;
  • Continue our ongoing business relationship with you or our applicable customer;
  • Ensure the integrity and security of our Sites and Services; and
  • Satisfy any legal, regulatory, or reporting requirements.

To determine the appropriate retention period for individual categories of Personal Information we collect, we consider the nature and sensitivity of the Personal Information; the potential risk of harm from unauthorized use or disclosure of the Personal Information; the purposes for which we process that Personal Information and whether we can fulfill those purposes through other means; and applicable legal, regulatory, tax, accounting, reporting or other requirements.

THE PURPOSES FOR WHICH WE USE YOUR PERSONAL INFORMATION

We may use your Personal Information in the following ways:

To enable you to use the Services or other features we offer.

  • Examples: Setting up and maintaining your account information, and processing information you provide to us, including verifying your email address is active and valid.
  • Categories of Personal Information Used: Identifiers, Commercial Information, Geolocation Data, and Internet Activity.

To provide customer service.

  • Examples: Responding to your questions, complaints, or comments and getting your feedback, including in person, by email, phone, mail, when you fill out our webforms, or when you contact us through our live chat; to contact you about administrative matters, such as changes to this Policy, the Terms of Service, or other policies. We will save your chat transcripts and provide you with a copy for quality assurance purposes.
  • Categories of Personal Information Used: Identifiers, Commercial Information, and Geolocation Data.

To facilitate your purchases.

  • Examples: Processing transactions and fulfilling your orders, to facilitate product delivery, or register for a subscription plan.
  • Categories of Personal Information Used: Identifiers and Financial Information.

To offer sweepstakes, contests, and promotions.

  • Examples: We may offer sweepstakes, contests, or other promotions (any, a “Promotion”) that may require registration. If you choose to enter a Promotion, Personal Information may be used in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, as required by law or permitted by the Promotion's terms or official rules (such as on a winners list).
  • Categories of Personal Information Used: Identifiers and Commercial Information.

To send you marketing information and targeted advertising.

  • Examples: We may provide you with information on our products, features, activities, financing opportunities, and those of our third party business partners. We may also use this information to tailor our communications with you and the content and advertising we display to you.
  • Categories of Personal Information Used: Identifiers, Commercial Information, Geolocation Data, Internet Activity, and Inferences Drawn.

To improve the Sites, Services, and other products.

  • Examples: We perform analytics to analyze trends and statistics to improve the Sites and Services. We may use your saved chat transcripts for training and to improve our customer service.
  • Categories of Personal Information Used: Identifiers, Commercial Information, Geolocation Data, Internet Activity, and Inferences Drawn.

To operate and protect the Sites and Services, ourselves, and our users.

  • Examples: To operate and protect the Site and Services from errors, misuse of the Site and Services, fraud, any criminal activity, and other illegal activities or activities that violate our terms and policies, detect and troubleshoot problems, resolve disputes, enforce applicable agreements and policies, and to comply with our legal requirements and business policies.
  • Categories of Personal Information Used: Identifiers, Commercial Information, Geolocation Data, and Internet Activity.

For other reasons that we disclose when you provide your information, or otherwise with your consent.

  • Examples: To respond to your requests, tailor content, offer you products or services that we believe may interest you, enhance our products and services, and for other business purposes.
  • Categories of Personal Information Used: Any Personal Information..

Use of Anonymized and Other Non-identifying information

We may use and disclose aggregated information about the uses and performance of our Sites and Services, and other information that does not identify any individual, without restriction. To the extent that we maintain and use deidentified Personal Information, we will not attempt to reidentify such data.

THIRD PARTIES TO WHOM WE DISCLOSE PERSONAL INFORMATION

We may share Personal Information as disclosed when you provided it, with your consent, as described elsewhere in this Policy, and to third parties as described below:

Service Providers
We use third party service providers to provide services to us or on our behalf, such as fulfilling orders, delivering packages, sending postal mail and email, processing credit card payments, and providing customer service. We give these third parties access to your Personal Information (or allow them to collect information from or about you) so that we can provide the Sites and Services.

Payment Processors
When you make a purchase online, we use PCI-compliant payment processors, such as Authorize.net, to help us facilitate your payment. We have contracted with the payment processor to ensure they protect and limit the use of your Personal Information. We do not receive your credit card, debit card or other financial information when you make a purchase online, that information is provided directly to our payment processor. However, we do receive your contact information and purchase information. We will keep a record of your purchases. If you make a purchase using Apple Pay, Apple may use Personal Information as described in their privacy policies.

Financing Partners
If you apply for credit through the Services, your Personal Information may be shared with our financing partner(s) and other parties as necessary for our business purposes in connection with such credit application. All credit decisions are subject to the policies set forth in the credit application.

Advertising And Analytics Partners
We share your Personal Information with advertising and analytics providers to provide us with targeted advertising and to provide us with analytics services for the Sites and Services to help collect and analyze Personal Information and to perform data and statistical analysis regarding the operation and use of our Sites and Services.

Law Enforcement and Government Entities (Or Others for Administrative or Legal Proceedings)
To the extent permitted by law, we may transfer and disclose your Personal Information to third parties to comply with a legal obligation; at the request of government authorities or law enforcement conducting an investigation or to cooperate on an investigation on public safety or into claims of intellectual property infringement; pursuant to a subpoena or other legal request or process; to protect the integrity of the Services, enforce or protect the rights, property, safety, security of us, our parent company, affiliates, and franchisees, such as our Terms of Service or other policies applicable to the Sites and Services and for fraud prevention, or any individual; in the event of an emergency; or to otherwise protect the health and safety of our users or the general public.

Third Parties as A Result of a Business Transaction
We may, in evaluating or engaging in a sale of assets, bankruptcy, merger, or other transaction (including, without limitation, during the course of any due diligence process), transfer or assign your Personal Information, which we may do without your further consent. We may also share your Personal Information with any parent company of ours for business and operational purposes.

COOKIES, TRACKING TECHNOLOGIES, ANALYTICS AND TARGETED ADVERTISING, AND YOUR PRIVACY CHOICES

How We Use Cookies, Session Replay, and Other Tracking Technologies
Cookies are small data files placed on a device when it is used to visit the Sites or Services, or otherwise access our online content. Cookies may be used for many purposes, including, without limitation, remembering you and your preferences, tracking your visits to our web pages, and for displaying offers related to your prior activity on the Sites and Services.

For more information about cookies and managing cookies, visit http://www.allaboutcookies.org, www.aboutads.info/choices (United States).

We use cookies and other tracking technologies across our Sites, such as web beacons, pixels, session replay software, and other tracking technologies (collectively, “Tracking Technologies”) on the Sites and Services. We and our third-party business partners use these Tracking Technologies to collect certain information, including Personal Information and analytics data, about your visits to and activity on our Sites and Services and other websites and services. We and our third-party business partners may use this information to help operate our Sites and Services, maintain the security of our Sites and Services, target advertising to you, and to assess the effectiveness of our advertising.

Analytics and Targeted Advertising
Google Analytics and Its Advertising Features. We use Google Analytics, along with Google’s advertising features, Google Dynamic Remarketing and Segment, which use cookies, pixels, and other technologies to collect and analyze information about use of the Sites and provide other reports. These services may also collect information regarding your use of other websites, apps, and online resources. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google’s practices with respect to the Personal Information collected through Google Analytics are covered by Google’s privacy policy, available at: https://policies.google.com/privacy. For information about opting out from Google, click here, and to download the Google Analytics opt-out browser add-on from Google, click here.

Advertising and Marketing Pixels. We use Google Tag Manager to deploy certain JavaScript and HTML tags and pixels for tracking, analytics, advertising, and remarketing. The pixels and tags we deploy through Google Tag Manager include, but are not limited to, StackAdapt, MNTN, Microsoft Ads (see below), Veritone, and Basis DSP.

Microsoft. We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.

Facebook/Meta. We use Facebook Connect and Facebook Custom Audience, which includes the Meta Pixel, to deliver targeted advertisements to website visitors across those Meta owned social media platforms based on email addresses that we have collected. For more information about Facebook's privacy practices, please refer to their privacy policy. To opt out, please visit here.

Heap. We have implemented and use session replay software by Heap Analytics. The session replay software allows us to collect information about how you navigate and use our Sites in real-time. Heap collects information including the date and time you visited the Sites, mouse clicks, mouse movements, keystrokes and text input, scrolling, webpage or content loading times and site errors. Other Personal Information Heap collects includes IP addresses, browser information, device IDs, operating system, cookie and customer IDs.

Your Privacy Choices
You can understand which third parties have currently enabled cookies for your browser or mobile device and how to opt-out of some of those cookies by accessing the Network Advertising Initiative’s website at http://www.networkadvertising.org/choices or the Digital Advertising Alliance’s website at https://youradchoices.com/control. Changing your settings with individual browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads.

The Sites and Services may contain webpages or applications through which you can correct or update some of the Personal Information you have provided (such as an online account). You may view, update, and/or edit the registration data you have provided to JFW by logging in to your account and following the appropriate instructions. You may also update your contact information with us by contacting us through one of the methods in the “Contact Us” Section below.

Opting out of text message marketing. You may unsubscribe from our marketing and promotional texts at any time by replying “STOP” or “UNSUBSCRIBE” to the SMS messages that we send, or by contacting us at [email protected]. Opting out of marketing and promotional texts does not opt you out of service-related messages related to your account, service requests, or other non-marketing purposes.

Opting out of email marketing. You may also opt-out of receiving future marketing and promotional emails from us any time by clicking on the ‘Unsubscribe’ link at the bottom of emails you receive from us. We will process change requests promptly, though this process may take several days. During that processing period, you may receive additional marketing and other promotional emails from us. Please note, opting out of these communications will only apply to marketing and other promotional emails and will not apply to any email or other communications we send to you for non-marketing purposes, including emails regarding your purchases and deliveries.

You can also manage cookies stored on your browser by using our Cookie Preferences tool found in the footer of our website homepage.

Social Media
We are active on social media, including Facebook, YouTube, X (formerly Twitter), Instagram, and TikTok. Anything you post on social media is public information and will not be treated confidentially. We may post (or re-post) any comments or content that you post on our social media pages. Your use of social media is governed by the privacy policies and terms of the third parties that own and operate those websites and not by this Policy. We encourage you to review those policies and terms.

“Do Not Track” Requests
Some browsers incorporate a 'Do Not Track' (DNT) feature that, when turned on, signals to websites and online services that you do not wish to be tracked. Because there is not yet an accepted standard for how to respond to browser DNT signals, we do not currently respond to them except as specifically required by law.

ADDITIONAL INFORMATION ABOUT OUR PRIVACY PRACTICES

Children’s Privacy
The Sites and Services are not directed at children under 16 years of age. We do not knowingly collect, use, share or sell Personal Information from children under 16. If a parent or legal guardian learns that their child provided us with Personal Information without his or her consent, please contact us and we will make commercially reasonable attempts to delete such Personal Information.

Security
We use reasonable physical, technical and organizational measures to help secure Personal Information against unauthorized access or acquisition appropriate to the type of Personal Information processed. If a breach of your Personal Information occurs, we will notify you of the breach if required under applicable law.

Users Outside of The United States
If you access the Sites and Services from outside the United States, please be aware that Personal Information will be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of Personal Information in the United States to be equivalent to that required by the in other jurisdictions.

Third Party Links and Content
The Sites may link to, or be linked to, websites not owned or controlled by JFW. JFW is not responsible for the privacy policies or practices of any third parties or any third-party websites. This Policy does not apply to any third-party websites or to any Personal Information that you may provide to third parties. You should read the privacy policy for each website that you visit.

CONTACT US

If you have any questions about this Policy, our privacy practices, the Sites, or Services, please contact us by:

  • Sending an e-mail to [email protected]
  • Sending a written request to the following address:

    Johnson Fitness & Wellness
    Attn: Legal Department
    1600 Landmark Drive
    Cottage Grove, WI 53527

YOUR STATE CONSUMER PRIVACY RIGHTS

TERMS APPLICABLE TO CALIFORNIA AND TEXAS RESIDENTS ONLY

Under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act and its implementing regulations (together, the “CCPA”) and the Texas Data Privacy and Security Act (“TDPSA”), Texas residents who are acting solely in a personal or household context (“Consumers”) and California residents have additional rights regarding their Personal Information. We have provided a summary of those rights below. In the event of a conflict between this Section and the remainder of this Policy, this Section shall take precedence for the applicable state residents.

Certain capitalized terms not defined in this Policy have the meanings set forth in the CCPA or TDPSA, as applicable.

Your State Consumer Privacy Rights

Right to Know or Access Your Personal Information. You have the right to confirm whether we are processing your Personal Information and to access such Personal Information.

Right to Request the Deletion of Personal Information. You have the right to request that we delete Personal Information we have collected from or about you. We will comply with such request, and direct our service providers to do the same, subject to certain exceptions permitted by applicable law.

Right to Correct Your Personal Information. You have the right to request that we correct your inaccurate or outdated Personal Information. If you request that we correct Personal Information about you, we will use commercially reasonable efforts to correct it. If necessary, we may ask that you provide documentation showing that the information we retained is inaccurate or outdated. If you have an account with us, we may ask you to sign into your account for verification.

Right to Data Portability. You may request a copy of the Personal Information you previously provided to us in a portable, and, to the extent technically feasible, readily usable format. Right to Opt Out. You may have the right to opt out of the selling of your Personal Information and the sharing or processing of Personal Information for purposes of targeted advertising (also known as “cross-context behavioral advertising”). California residents, please see the “Your California Notice of Right to Opt Out of the Sale or Sharing of Personal Information” Section below for more information.

Right to Non-Discrimination. You have the right to be treated in a non-discriminatory manner for exercising any of your rights under your respective state privacy law.

Exercising Your State Privacy Rights
Who May Exercise Your Rights. You may make a request to exercise your state privacy rights. A parent or legal guardian may make a request on behalf of their child. Submitting Requests. You may exercise your privacy rights up to two times per year at no charge to you. We have the right to charge a fee for subsequent requests or any request that is manifestly unfounded, excessive, or repetitive. To exercise your rights described in this Section, you may submit your request to us by contacting us at any of the following:

  • Clicking on this link and completing the form
  • Sending an e-mail to [email protected]
  • Sending a written request to the following address:

    Johnson Fitness & Wellness
    Attn: Legal Department
    1600 Landmark Drive
    Cottage Grove, WI 53527

Verifiable Consumer Requests. To verify your request, you must provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Information, and you must describe your request with sufficient detail to allow us to properly understand, evaluate, and respond to your request.

When we receive your request to exercise your rights: (a) we will acknowledge receipt of your request; (b) we will try to match the information you provide in making the request with information we already maintain about you; (c) if required to verify your identity, we may ask you to provide additional information, including Personal Information, or to log into your existing account with us; (d) we will consider various factors when determining how to verify your identity, such as the sensitivity and value of the data, the risk of harm, the likelihood of fraud, etc.

We will only use the Personal Information we collect during the verification process for the purpose of verifying your identity. If we are unable to verify your identity as required by applicable laws and regulations, we will decline to comply with your request and let you know why.

When We Will Respond. We will acknowledge your request within 10 business days of receipt. We will try to respond to your request within 45 days of the date of receipt of the request. If we cannot verify your request within that 45-day time period, we may deny your request. If we require additional time, we will inform you of the reason and extension period prior to the original 45-day response period. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. We may charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded.

Authorized Agents. You may authorize another person to submit requests to exercise your rights on your behalf (an “Authorized Agent”). California residents may use Authorized Agents to exercise any privacy right, while Texas residents may use an Authorized Agent to opt out of the sale of their Personal Information and the processing of their Personal Information for the purposes of targeted advertising.

If you choose to use an Authorized Agent, you must provide signed, written permission that authorizes the Agent to submit requests on your behalf and either (a) verify your identity directly with us, or (b) directly confirm with us that you granted permission to the Authorized Agent to submit the request on your behalf. For clarity, you are required to verify the identity of both you and the Authorized Agent. We may deny a request from an Authorized Agent if we do not have proof that they are authorized by you to act on your behalf.

Appeals Process for Texas Residents
If you are a Texas resident, you have the right to appeal a denied request to exercise your privacy rights. You must submit your request within 60 days of your receipt of our denial. You may submit your request to us by:

  • Sending an e-mail to [email protected]
  • Sending a written request to the following address:

    Johnson Fitness & Wellness
    Attn: Legal Department
    1600 Landmark Drive
    Cottage Grove, WI 53527

When We Will Respond. We will respond to your appeal within 60 days of receiving your request. When we respond we will include any action taken or not taken, including an explanation of the reason or reasons for the decision.

California-Specific Rights and Disclosures
In addition to the rights and information on how to exercise them in the previous section, the CCPA requires that we provide the following rights and disclosures to you. Right to Access Categories of Personal Information. California residents have the right to access any of the following which occurred in the previous 12 months:

  • The categories and specific pieces of Personal Information that we have collected from you;
  • The categories of sources from which the Personal Information was collected;
  • The categories of third parties to whom we have disclosed your Personal Information;
  • The categories of Personal Information that we Sold/Shared or disclosed for a Business Purpose and the categories of third parties to whom it was disclosed for a Business Purpose; and
  • The Business or Commercial Purpose for collecting, sharing, or selling your Personal Information.

Disclosing Personal Information. During the past 12 months, we have disclosed the following categories of Personal Information to third parties for a Business Purpose.

  • Identifiers, Commercial Information, Geolocation Data, Internet Activity, and Inferences Drawn

Selling and Sharing Personal Information. During the past 12 months, we have not Sold your Personal Information to a third party for monetary compensation. We have “Shared” the following categories of Personal Information as defined in the CCPA to our analytics and advertising partners for targeted advertising purposes:

  • Identifiers, Geolocation Data, and Internet Activity

Sensitive Personal Information. We do not use or disclose Sensitive Personal Information for a non-exempted purpose under the CCPA.

Your California Notice of Right to Opt Out of the Sale or Sharing of Personal Information
California residents have the right to opt out of the sale or sharing of their Personal Information. You may authorize another person to submit requests to exercise this right on your behalf. If you are a California resident, you may opt out of the above-described uses of your Personal Information by:

  • Clicking on this link and completing the form
  • Sending an e-mail to [email protected]
  • Sending a written request to the following address:

    Johnson Fitness & Wellness
    Attn: Legal Department
    1600 Landmark Drive
    Cottage Grove, WI 53527

You must provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Information, and you must describe your request with sufficient detail to allow us to properly understand, evaluate, and respond to your request.

If you choose to use an Authorized Agent, you must provide signed, written permission that authorizes the Agent to submit requests on your behalf and either (a) verify your identity directly with us, or (b) directly confirm with us that you granted permission to the Authorized Agent to submit the request on your behalf. For clarity, you are required to verify the identity of both you and the Authorized Agent. We may deny a request from an Authorized Agent if we do not have proof that they are authorized by you to act on your behalf.

California’s Shine the Light
If you are a California resident, under California’s Shine the Light Law (California Civil Code Section 1798.83) you have the right to request the following information regarding our disclosure of your Personal Information to third parties for direct marketing purposes: (1) the categories of Personal Information we disclosed to third parties for their direct marketing purposes during the preceding calendar year; (2) the names and addresses of the third parties that received the information; and (3) if the nature of the third party’s business cannot be determined from their name, examples of the products or services they marketed. This information may be provided in a standardized form that is not specific to you.

You are permitted to obtain this information from us once a year, free of charge. To make such a request, please submit your request in writing to [email protected].

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