Privacy Policy

LAST UPDATED: APRIL 25, 2021

 

This privacy policy (“Policy”) describes how Kailon Fitness, LLC, a California limited liability company, and its subsidiaries (“Company”) collect, use and share personal information of visitors and consumer users of the website www.kailonfit.com (the “Site”), or when you use the services offered on or related to the Site (the “Services”), or when you make a purchase from the Site and/or the Services. This Policy applies whenever you visit the Site, or use a mobile app product or other Services. Services may include, but are not limited to, video services, podcasting services, email and text message services, RRS feeds, message boards, forums, chat areas, tools, calendars, applications, and downloadable mobile applications related to the Site and/or provided through the Site.  As used throughout the remainder of this agreement, the term “Site” shall collectively refer to both (i) the Site, and (ii) the Services.  This Policy does not apply to websites that post different statements.

 

1. GENERAL PRIVACY NOTICE

1.1 WHAT WE COLLECT. We collect personal data, personal health information, and information from your smartphones and connected devices. We get information about you in a number of ways.

    • Information You Give Us. We may collect your name, address, email address, phone number, username, password, demographic information (such as your gender and occupation) as well as other personal information you directly give us (including health data and information), or pertaining to a purchase order (“Purchase Order”), such as your billing address, shipping address, and payment information. For your security, we use a third-party service provider to manage credit card processing. This service provider is not permitted to store, retain, or use billing information except for the sole purpose of credit card processing on our behalf. We use this information to process or facilitate payments for product and subscription services and for the purpose of verifying identity and helping customers with billing support questions. We do not have access to, nor do we store, your full credit card information.
    • Information We Get from Others. We may get information about you from other sources, such as but not limited to Google, Facebook, Instagram, Vimeo, and Amazon. We may add this to information we get from this Site.Their privacy policies may be found here:
      Google Privacy Policy
      Facebook Privacy Policy
      Instagram Privacy Policy
      Vimeo Privacy Policy
      Vimeo OTT Service Privacy Policy
      Amazon Privacy Policy
    • Information Automatically Collected. We may automatically log information about you and your device. For example, when visiting our Site, we may log your device operating system type, browser type, browser language, the website you visited before browsing to our Site, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Site.
    • Information Used for Customizing Health and Fitness Services. Through the use or our Site and Services, we may ask you to share your iOS Health app data with us. We handle all iOS Health app and HealthKit data in accordance with Apple’s development guidelines. Similarly, through the use of our Site and Services, we may ask you to share your Google Fit data with our services. We handle all Google Fit data in accordance with Google’s development guidelines. We may use data such as activity, sleep, food habits and state of mind, as well as other health-related measurements and statistics, to help in determining your health habits and for providing coaching and developing dynamic workout plans personalized for you. Users and visitors can choose not to provide this additional information by not linking or entering it when asked.
    • We may log information using “cookies”. Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs. We may also use similar types of data files such as web beacons, tags, and pixels.

 

1.2 USE OF PERSONAL INFORMATION. We may use your personal information as follows:

    • We may use your personal information to operate, maintain, and improve our sites, products, and services.
    • We may use your personal information to process and deliver contest entries and rewards.
    • We may use your personal information to respond to comments and questions and provide customer service.
    • We may use your personal information to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
    • We may use your personal information to communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.
    • We may use your personal information to link or combine user information with other personal information.
    • We may use your personal information to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
    • We may use your personal information to provide and deliver products and services customers request.

1.3 SHARING OF PERSONAL INFORMATION. We may share personal information as follows:

    • We may share personal information with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses may be subject to their privacy policies.
    • We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or other transaction or proceeding.
    • We may share personal information for legal, protection, and safety purposes.
    • We may share information to comply with laws.
    • We may share information to respond to lawful requests and legal processes.
    • We may share information to protect the rights and property of Kailon Fitness, LLC, our agents, customers, and others. This includes enforcing our agreements, policies, and terms of use.
    • We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.
    • We may share information with those who need it to do work for us.
    • We may also share aggregated and/or anonymized data with others for their own uses.

 1.4 INFORMATION CHOICES AND CHANGES. Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts, purchases, and our business dealings with you. We encourage you to add our email addresses that send non-marketing messages to you to your safe list in order to assure that you continue to receive account updates, copies of receipts, password reset email messages and other pertinent account correspondence. You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information. You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. Please note that if you remove or reject our cookies, it could affect how our Site works for you.

1.5 INTERNATIONAL DATA TRANSFERS. Visitors’ and Users’ information may be transferred to, and processed in, countries other than the country in which they reside. Specifically, the Site and Services are hosted on servers located in the United States of America, but our third-party service providers and partners may operate around the world. Accordingly, when we collect visitors’ and users’ information, such information may be processed in any of these countries.

1.6 SECURITY. We use appropriate technical, organizational, administrative and physical security measures to protect our users’ and visitors’ information and data against accidental or unlawful destruction, loss, and alteration, and against unauthorized disclosure and access. Unfortunately, no data transmission or storage is guaranteed to be 100% secure. While we strive to protect your personal information, we cannot guarantee security of the information you transmit to us or host with us using our Site or Services.

1.7 DATA RETENTION. We retain personal information collected from you where we have an ongoing legitimate business need to do so (e.g., to provide requested services to you or to comply with applicable legal, tax or accounting requirements). We also retain personal information for time periods that we feel are necessary in order to meet our legal obligations, to deal with complaints and queries, and to protect our legal rights in the event a potential or actual claim is made. In general, this means we will keep your personal data as long as your user account is open. Following closure of your account, however, we may still retain your personal data so we can maintain a continuous relationship with you (if we should need or wish to contact you again), and to comply with our internal processes and any legal obligations. When we no longer need your personal data, we will securely delete and destroy it. If we can permanently anonymize your personal data so it can no longer be associated with you or identify you, we may retain and use that information without further notice to you.

 

2. CALIFORNIA PRIVACY NOTICE

2.1 HOW WE RESPOND TO DO NOT TRACK SIGNALS. We do not currently alter online tracking in response to Do Not Track signals. We are not required to alter our online tracking per California law; we are only required to inform you of our response to Do Not Track signals.

2.2 CCPA PRIVACY NOTICE. Company is not in the business of selling your personal information, and as of the Date of this Policy, Company does not believe that it meets the requirements to classify it as a “business” under the provisions of the California Consumer Privacy Act of 2018 (“CCPA”). Nevertheless, in the event that Company operations change or data is inadvertently acquired that classifies Company as a “business” under the CCPA, this CCPA Privacy Notice (“Notice”) sets forth that Company and any affiliates (“we”, “us” and, “our”) may have disclosure obligations under California law, including the CCPA.

2.3 WHAT YOU MAY REQUEST UNDER THE CCPA. You may request that Company disclose to you what personal information we have collected, used, shared, or sold about you, and why we collected, used, shared, or sold that information. Specifically, you may request that Company disclose:

    • The categories of personal information collected.
    • Specific pieces of personal information collected.
    • The categories of sources from which Company collected personal information.
    • The purposes for which Company uses the personal information.
    • The categories of third parties with whom the Company shares the personal information.
    • The categories of information that the Company sells or discloses to third parties.
    • If we qualify as a “business” under the CCPA, we must provide you this information for the 12-month period preceding your request, free of charge.

2.4 HOW YOU SUBMIT YOUR REQUEST TO KNOW UNDER THE CCPA. You may email [email protected] to make your request. While we do not anticipate the case, if our designated method of submitting requests to know through email at [email protected] is not working for some reason, please notify us in writing at the following address:

Kailon Fitness, LLC
2033 San Elijo Avenue #121
Cardiff-by-the-Sea, California 92007

2.5 RIGHT TO DELETE PERSONAL INFORMATION UNDER THE CCPA. If we qualify as a “business” under the CCPA, you may request that Company delete personal information we collected from you and to tell our service providers to do the same. However, there are many exceptions that allow us to keep your personal information, these include:

    • To complete your transaction, provide a reasonably anticipated product or service, or for certain warranty and product recall purposes.
    • For certain business security practices.
    • For certain internal uses that are compatible with reasonable consumer expectations or the context in which the information was provided.
    • To comply with legal obligations, exercise legal claims or rights, or defend legal claims.
    • If the personal information is consumer credit reporting information, or other types of information exempt from the CCPA.
    • Company cannot verify your request.

Please contact us via email at [email protected] to make a request to delete your personal information.

2.6 RIGHT TO OPT OUT OF SALE UNDER THE CCPA. As previously stated, Company does not sell personal information. However, if you believe that any such sale of personal Information has occurred through Company or any affiliates of Company, you have the right to request to opt-out from future “sales” of your personal Information. You may opt out via the link provided on the relevant page or app. If we do not provide an opt-out mechanism, it is because we do not believe in good faith that your personal information is being sold.  Nevertheless, if no opt-out link is provided, you may also submit an opt-out request by emailing Company at [email protected].

 2.7 RIGHT TO NON-DISCRIMINATION UNDER THE CCPA. We cannot deny goods or services, charge you a different price, or provide a different level or quality of goods or services just because you exercised your rights under the CCPA. However, if you refuse to provide your personal information to us or ask us to delete or stop selling your personal information, and that personal information or sale is necessary for the Company to provide you with goods or services, we may not be able to complete that transaction. We can also offer you promotions, discounts and other deals in exchange for collecting, keeping, or selling your personal information. If you ask Company to delete or stop selling your personal information, you may not be able to continue participating in the special deals may offer in exchange for personal information.

 

3. VISTORS TO THE SITE AND PURCHASERS FROM AUSTRALIA

3.1 If you are a visitor who accesses our Site or makes a Purchase Order from Australia, please note that we are subject to the operation of the Privacy Act 1988 (“Australian Privacy Act”)

3.2 Except for personal health information voluntarily provided to us in accordance with Section 1.1, above, we do not collect “sensitive information” as it is defined in the Australian Privacy Act nor do we encourage you to provide any of this information to us. Sensitive information includes information about your health, racial or ethnic origin, political opinions, association memberships, religious beliefs, sexual orientation, criminal history, genetic or biometric information.

3.3 We may ask for personal information on our Site necessary to complete a purchase of our products and services. If you do not provide us with your personal information or block your consent, we cannot guarantee that we can provide our products or services to you.

3.4 Our contractors and subcontractors are required to follow the Australian Privacy Act policy with respect to personal information.

3.5 We may use your personal information for direct marketing. If we do, we will ensure you have our consent unless (a) we believe in good faith that you would reasonably expect us to use your personal information for that purpose, or (b) you may benefit from the material and obtaining your consent is not feasible.

3.6 You may opt out of our marketing to you when you unsubscribe. However, we may provide you with information that is not “direct marketing” under the Australian Privacy Act, such as account information, changes to terms, or notices about your Purchase Order, authorized by the Australian Privacy Act and the Spam Act 2003 (Cth).

3.7 We are located in the United States, and your information is stored here in the United States. We may have third-party service providers and partners around the world; your Personal Information may be disclosed in countries where those service providers and partners reside or do business.

3.8 You may access the personal information we hold about you. If you wish to access your personal information, you may email us at [email protected] with the subject “Australia Privacy Policy.” If you believe the information we have is incorrect or incomplete, please contact us in writing at [email protected] with the subject line “Australia Privacy Policy,” so that we can correct our records. If you would like to no longer be identified in our records or withdraw your consent, please contact us in writing at [email protected] with the subject line “Australia Privacy Policy.” If after emailing us and attempting to resolve the issue, and you are still unsatisfied with our response, you may contact the Office of the Australian Information Commissioner.

 

4. VISTORS TO THE SITE AND PURCHASERS FROM CANADA

4.1 CANADA PRIVACY POLICY – PIPEDA. This section of the policy is applicable to visitors and users in Canada. This notice is meant to address our obligations under Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”).

 4.2 WHAT DO WE DO WITH PERSONAL INFORMATION UNDER PIPEDA?

  • Personal Information. Your personal information includes basic information such as your name and address. By using this Site and our Services, you are giving your consent to the collection, use, and disclosure of personal information when you provide this information to us.
  • Collection of Personal Information Under PIPEDA. When we collect information, it is typically related to the products or service we are providing. We may collect, use and exchange personal information for products and service purposes when an individual is making a purchase, browsing our Site, or using our Services. One reason we may do this is to assess risk. We also may collect, use and exchange personal information to detect and report fraud. If you deny us collection of your personal information, we cannot guarantee that we can still provide you with our products and services.
  • Use of Personal Information Under PIPEDA. Company uses personal information consistent with your consent, our privacy policy, and the law. Sometimes Company may use personal information for the purpose of offering additional products or services. Company may also obtain your data from third parties, and to do that these third parties must have proper consent to the use and disclosure of personal information for this purpose. If you wish to remove your consent or opt-out, please email at [email protected] with the subject line “Canada Privacy Policy.” If such a request is received by us, we will use our best efforts to honor that request and to not use your personal information to make offers of additional products and services.
  • Retention and Accuracy of Personal Information Under PIPEDA. Personal information is kept only for so long as is required, in accordance with our records retention policy and legal and regulatory requirements. If personal information is no longer required, we may destroy it. However, the law may require that we need to keep this information. In that case, we will not destroy it.
  • Protection of Personal Information Under PIPEDA. We typically receive personal information when you purchase products or services or sign up to be a user on our Site. We create an electronic file for the purpose of delivering our products and services to you. We take precautions to secure your personal information.
  • Disclosure of Personal Information Under PIPEDA. Company may disclose personal information to other contractors, partners, and service providers. We also share information to combat fraud, where permitted or required by law, or at the request of government regulators. We do not as of the date of this policy sell our customer list, but we may share or sell our customer list in the future to other organizations for marketing purposes. We do ask these other parties to comply with PIPEDA in relation to their use of personal information, which we may give to provide our products and services to you.
  • Contacting Us Under PIPEDA. If you want to know how we use your personal information, to remove your consent, or opt-out, please email [email protected] with the subject line “Canada Privacy Policy.” You may also contact us via mail:

Kailon Fitness, LLC
2033 San Elijo Avenue #121
Cardiff-by-the-Sea, California 92007

Please note that this privacy policy for Canada may be amended from time to time.

 

5. VISITORS TO THE SITE AND PURCHASERS FROM THE EEA AND UK

5.1 INTRODUCTION. Section 5 applies only to natural persons residing in the European Economic Area (EEA) and the United Kingdom (UK), and for the purpose of this section only, “you” or “your” shall be limited accordingly.  It is Company’s policy to comply with the EEA’s General Data Protection Regulation (EU Regulation 2016/679) (“GDPR”).

5.2 WHAT PERSONAL INFORMATION DO WE COLLECT. We may collect some or all of the following personal data, without limitation (this may vary according to your relationship with us): Name, Date of Birth, Gender, Address, Email Address, Telephone Number, Profession, and Payment/Billing Information.

5.3 HOW WE USE YOUR PERSONAL INFORMATION. Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our provision of products and services to you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used by us for the following purposes: (a) providing and managing services we provide to you, such as membership; (b) communicating with you, including responding to emails or calls from you; (c) supplying you with information that you have opted-in to (you may unsubscribe or opt-out at any time in accordance with our Terms of Use). We will not keep your personal data for any longer than is necessary for legal or operational reasons.

5.4 YOUR RIGHTS. Under certain circumstances, by applicable Data Privacy Law, you may have the right to:

    • Opt out of non-essential cookies (see our Cookie Policy).
    • Be informed about our collection and use of your personal data. This policy should tell you everything you need to know, but you can always contact us to find out more or to ask any questions.
    • Request information about whether we hold personal information about you and, if so, what that information is and why we are holding or processing it.
    • Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
    • Request correction of your personal information. This enables you to have any incomplete or inaccurate information we hold about you corrected.
    • Be forgotten. This enables you to ask us to delete or dispose of any of your personal data that we have.
    • Restrict (i.e., prevent) the processing of your personal data.
    • Object to us using your personal data for a particular purpose.
    • Prohibit the use of your personal data for automated decision-making or profiling. We do not use your personal data in this way.
    • Request transfer of your personal information in an electronic and structured form to you or to another party (commonly known as a right to “data portability”). This enables you to take your data from us in an electronically useable format and to be able to transfer your data to another party in an electronically usable format.
    • Withdraw consent. In the limited circumstances where you may have provided your consent to collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes to which you originally agreed, unless we have another proper and legitimate basis for doing so.

5.3 ACCESS TO YOUR PERSONAL DATA.  If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it.  This is known as a “subject access request”. If you wish to exercise your rights related to personal data (including the rights set forth above), please contact us. All subject access requests should be made in writing and sent to the address shown below. While you will generally not be required to pay a fee to access your personal data or to exercise any of your other statutory rights, we may charge a reasonable fee if your request for access is “manifestly unfounded or excessive”, or where permitted by applicable Data Privacy Law. We will respond to your request within one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three (3) months from the date we receive your request. We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it, and to prevent unauthorized modification of your personal information. You also have the right to file a complaint with the relevant data protection authorities in your territory. To contact Company with respect to your personal information, please send an email to [email protected], Attention: Data Protection Officer, with the subject line “EEA and UK Privacy Policy.”

 

6. CONTACT INFORMATION. We welcome questions and comments about this Privacy Policv and our privacy practices. If we receive a complaint from you about how we have handled your Personal Data, we will investigate and determine what action we should take to resolve the complaint. We will contact you within a reasonable time and may request more information to assist with our investigation. We aim to resolve all complaints in a timely manner. If you wish to provide feedback or have questions or concerns, please contact us at the following email address: [email protected] or you may also contact us at:

Kailon Fitness, LLC
2033 San Elijo Avenue #121
Cardiff-by-the-Sea, California 92007

Per the CCPA requirements, the following toll-free number has been provided and may be only used for data request purposes (customer support, billing, or other non-data requests cannot be answered on this number and such inquiries are referred to customer support at [email protected]): Phone: +1-866-531-3150

 

7. NEVADA USERS. Nevada residents have the right to opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and we don’t have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Nevada law, you can provide us with your name and email address at [email protected]. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time, we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this Privacy Policy. We may share your data as explained in this Privacy Policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request.

 

8. LOCATION OF DATA. Company is based in the United States. We provide services globally using computer systems, servers, and databases located in the U.S. and other countries. When you use our services from outside of the U.S., your information may be transferred to and processed in the U.S. Please note that U.S. data and privacy laws may not be as comprehensive as those in your country. Residents of certain countries or states within the U.S. may be subject to additional protections, as set forth above.

 

9. CHANGES TO THIS PRIVACY POLICY. We may change this Privacy Policy from time to time as necessary to reflect changing legal, regulatory or operational requirements at any time in our sole discretion by posting an updated Privacy Policy on the Site. All such changes are effective immediately when posted to the Site. Upon making revisions, we will change the “Last Updated” date at the beginning of this Privacy Policy.