Privacy Policy

My Fitness by Jillian Michaels Privacy Policy
This Privacy Policy is effective as of December 24th, 2019.

Introduction

EM Digital, LLC and its affiliates (referred to as "Jillian Michaels", "My Fitness by Jillian Michaels", "we", "us" or "our") respects the privacy of individuals and is committed to protecting the information of visitors to the website and individuals or entities that register to use the products and services through the Website (“Visitors," “Customers","user", "you", or "your"). This Privacy Policy describes the ways we collect, use and share information. Our Privacy Policy applies whenever you visit the site, jillianmichaels.com (“Website”) or use our mobile app product or services (collectively, “Product”, or "Platform").

We take your privacy very seriously and except where required for our services, Website or Product to function, such as with billing (see Third Party Technologies below) or where you might opt-in to share your fitness data between apps, we never share your information. We treat your data in a manner we would want our data to be treated. However, if you do not agree with the below policies and practices, your choice is not to use our Website or register to use the Product through our Website or mobile app.

Personal Information We Collect and How We Collect It

We process personal data, personal health information, and information from your smartphones and connected devices. The sources of the data are our smartphone app, your smartphone sensors and analytics, connected health devices and our Website.

Personal Information Used for Communications

You provide to us your personal information when you voluntarily fill in forms on our Website or Product. When a Visitor registers to become a Customer of the Product, we may collect contact information such as name, email, and unique identifiers including username, account number and password.

We use this information to create and update your account, verifying identity and for enabling communications with you about your account or to assist you when you contact our customer support services.

Personal Information Used for Billing

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 our Product's services and for the purposes of verifying identity and helping Customers with billing support questions and we do not have access to, nor do we store, your full credit card information.

Credit and debit card companies which facilitate your payments to us, and for anti-fraud screening, which may need information about your method of payment to process payment or ensure the security of your payment transaction. These may include third party payment gateway providers, including at www.authorize.net or www.google.com or www.apple.com. Before entering your personal details we suggest that you read and become familiar with the privacy policy for any such third-party provider.

Personal Information Used for Customizing Health and Fitness Services

Through the use of the Product, We may also ask Customers to share your iOS Health app data with our services, that data is covered by the Privacy Policy. We handle all iOS Health app and HealthKit data in accordance with Apple's development guidelines.

Through the use of the Product, We may also ask Customers to share your Google Fit data with our services, that data is covered by the Privacy Policy. We handle all Google Fit data in accordance with Google’s development guidelines.

We use this data such as activity, sleep, food habits and state of mind to help in determining your health habits for providing coaching and dynamic workout plans personalized for you. Users and visitors can choose not to provide this additional information by not entering it when asked.

Cookies and Third Party Technologies

We collect certain information automatically from Visitors to the Site and users of the Product, such as Internet addresses, browser types, referring domains, timestamps (time page accessed as well as time spent per web page), as well as the specific pages the visitor has requested, user activity in the Product, and device information.

This information is logged to help deliver a better user experience (for example, by displaying personalized content to you based on your interactions with the Website or Product), to diagnose technical problems, to support marketing activities and so that we may better administer the Site and the Product in order to constantly improve the quality of the Website and Product.

We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our site and use our services, as well as when you visit other online sites and services. For more information, please see our Cookie Policy at: https://www.jillianmichaels.com/policies/cookies.

Accessing and Updating Contact Information

We encourage our visitors and users to access, update and edit their contact information and keep it current. Users can easily access, correct or update their contact information at any time by logging into the Website or Product and visiting the “account” tab on the dashboard. For more help please reach out to customer service at: https://help.jillianmichaels.com.

Unsubscribe from Marketing

If you receive marketing e-mail messages from us and wish to opt out of receiving such messages, then you may simply follow the opt-out procedure specified in such e-mail. All emails sent from JillianMichaels.com have unsubscribe links. If you have problems opting out of any list for any reason please contact support at: https://help.jillianmichaels.com.

User Account Information and Notices 

Please note that account information emails are separate from marketing emails and we encourage users to add these emails to their safe list in order to receive account updates, copies of their receipts, password reset emails we well as other pertinent account correspondence. Please safe list the following emails found under the My Account list: info@jillianmichaels.com, myaccount@jillianmichaels.com, and no-reply@jillianmichaels.com

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 Website and Services are hosted on servers located in the United States of America, and our group companies and third party service providers and partners may operate around the world. This means that when We collect visitors' and users' information, such information may be processed in any of these countries.

Security

We use appropriate administrative, technical, organizational, 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. We use standard industry practices to protect visitor and user information, including firewalls, SSL encryption, limiting storage of financial information to a PCI compliant third party provider, system redundancies, and co-location at a 24/7 secured, controlled environment.

Unfortunately, no data transmission or storage can be 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 Website or Product.

Data Retention

We retain personal information we collect from you where we have an ongoing legitimate business need to do so. for example, to provide you with the Service you have requested or to comply with applicable legal, tax or accounting requirements. We also consider the periods for which we might need to retain personal data in order to meet our legal obligations, or to deal with complaints and queries, and to protect our legal rights in the event of a claim being made.

In general, this means that we will likely keep your Personal Data for as long as your User Account is open. Following closure of your User Account, however, we may still retain a limited portion of your Personal Data so that we can maintain a continuous relationship with you if and when we are in contact with 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 or destroy it. We will also consider if and how we can minimise over time the personal data that we use, and if we can anonymise your personal data so that it can no longer be associated with you or identify you, in which case we may use that information without further notice to you.

Legal basis for processing personal information (EEA visitors only)

If you are a visitor from the European Economic Area, We are the controller of your personal information and our legal basis for collecting and using your personal information will depend on the personal information concerned and the specific context in which we collected it.

If we ask you to provide personal information to comply with a legal requirement or to contact you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

Your Rights and Choices

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

  1. Request information about whether we hold personal information about you, and, if so, what that information is and why we are holding/using it;
  2. 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;
  3. Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected;
  4. Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see (e) below);
  5. Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes;
  6. Object to automated decision-making including profiling, that is not to be subject of any automated decision-making by us using your personal information or profiling of you;
  7. Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it;
  8. 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 useable format; and
  9. Withdraw consent. In the limited circumstances where you may have provided your consent to the 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.
    1. If you wish to exercise your rights related to your Personal Data (including the rights set out above), please contact us.
    2. 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 clearly completely unfounded or excessive or decline to comply with such requests where permitted by applicable Data Privacy Law.
    3. You also have certain options with respect to the use of cookies and other tracking technologies on our site, including for the purposes of online interest-based advertising, as set out in our Cookie Policy https://www.jillianmichaels.com/policies/cookies.
    4. 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 unauthorised modification of your personal information.
    5. You also have the right to lodge a complaint about our processing of your Personal Data with the body regulating data protection in the country or state / province in which you live.

How to contact us?

We welcome questions and comments about this Privacy Policy 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 us with our investigation. We aim to resolve all complaints in a timely manner. If you wish to provide feedback or if you have questions or concerns related to Personal Data, please contact us at the following email address: privacy@jillianmichaels.com.

We take your privacy and security very seriously. For your protection all requests must be verified. We will not provide any information nor acknowledgement of any data or steps taken until this verification process has been completed. This security procedure is in place for your protection.

For the purposes of GDPR requests please contact us by completing a GDPR Request Form below:
https://www.jillianmichaels.com/gdpr-request-form

For the purposes of CCPA requests please contact us by completing a CCPA Request Form below:
https://www.jillianmichaels.com/ccpa-request-form

Address: 2520 Coral Way, Suite 2372, Miami, FL 33145, United States of America

Per the CCPA requirements the following 1-800 number has been provided and may only be used for data requests purposes (customer support, billing, or other non-data requests can not be answered on this number and such inquiries are referred to customer support at https://help.jillianmichaels.com):

Phone: +1-833-796-0136
PIN: 165 186

For the purposes of the Australian Privacy Act 1988 (Cth), you can contact our Privacy Compliance Officer at: privacy@jillianmichaels.com.

Please note that 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, where permitted by applicable Data Privacy Law, we may charge a reasonable fee if your request for access would require an exceptional amount of effort, or may decline to comply with frivolous or vexatious requests.

Additional Terms

If you live in one of the following countries or states, these Additional Terms apply and override any inconsistent terms in the Privacy Policy:

  1. CALIFORNIA, UNITED STATES OF AMERICA

    1. The provisions in this paragraph of the Additional Terms are intended to fulfill the requirements of the California Consumer Privacy Act ("CCPA") and shall apply to Users who are resident in California.

    2. To the extent that any terms used in this Privacy Policy are defined in the CCPA, such definitions shall apply. The term "Personal Data" as used in this Privacy Policy shall include "Personal Information" as such term is defined in the CCPA.

    3. The categories of Personal Data collected by us in the last 12 months are described in the Privacy Policy and, for the purposes of the CCPA, correspond to the following categories of Personal Information listed in the CCPA:

      1. identifiers and personal information categories referenced in applicable California law (first and last names, email address, home address, telephone number, where you have selected particular services or features on the Platform, social network information);

      2. protected classification characteristics under California or US federal law (age, gender, country of residence, medical conditions or requirements);

      3. commercial information (information about your purchases of products and services from us or our third party partners who may provide or promote their own products or services through the Platform);

      4. biometric information (physical characteristics such as weight, height, and body measurements such as stride length and apparel size) to the extent you choose to enter these on the Platform;

      5. internet or other similar network activity information about your use of the Platform and your IP address, including information collected automatically through cookies (refer to the Cookie Policy for more information - https://www.jillianmichaels.com/policies/cookies)

      6. geo-location data where:

        1. the IP address of your computer or device is used to determine your geographic location so that we can customise your experience on the Platform (e.g. language settings); and 

        2. you elect to use location-based features on the Platform (in particular, the My Fitness by Jillian Michaels App) and turn on the location services settings on your device or computer (e.g. GPS and/or Bluetooth) so that we can track your real-time geographic location to record your fitness activities (e.g. your running route);

      7. audio, electronic, visual, thermal, olfactory, or similar information (e.g. your photos and audio where you have selected particular services or features on the Platform); and

      8. inferences drawn from other Personal Data (dietary preferences, information you provide about yourself and any preferences in your User Account, communications with us or directed to us via letters, emails, chat services, calls, and social media, fitness activity data provided by you on the Platform or generated through your use of the My Fitness by Jillian Michaels App, including activity data generated by the devices that you connect to the My Fitness by Jillian Michaels App where you have selected particular services or features on the Platform, contacts and calendar information);

    4. We will not process your Personal Data for purposes which are materially different, unrelated, or incompatible with the purposes set out in the Privacy Policy without providing you notice.

    5. In the last 12 months, we have disclosed to third parties all of the categories of Personal Data listed for a business purpose.

    6. For the preceding twelve (12) months, we have not sold your Personal Data to third parties.

    7. Additional rights under the CCPA

      1. Users who are resident in California may have the following rights under the CCPA in addition to the rights set out in the Privacy Policy:

        1. Access: Once we receive and confirm your verifiable consumer request, we will disclose the following to you:

          1. the categories of your Personal Data and the specific Personal Data that we have collected;

          2. the categories of sources from which your Personal Data was collected;

          3. our business or commercial purpose for collecting your Personal Data; and

          4. the categories of third parties with whom we share your Personal Data, and where such third parties received your Personal Data from us for a business purpose, the categories of your Personal Data that we disclosed to such third parties;

          Under the CCPA, you are only entitled to exercise the Personal Data access right twice a year.

        2. Deletion: Once we receive and confirm your verifiable consumer request, we will (and will direct our service providers to whom we have disclosed your Personal Data to) delete your Personal Data unless an exception under the CCPA applies.

      2. To exercise any of the rights set out under the CCPA, please contact us using the contact details set in the Privacy Policy.

      3. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Data. We may need to request specific information from you to help us confirm that your request is a verifiable consumer request.

    8. We will not discriminate against you for exercising any of your rights under the CCPA. Specifically, unless permitted by the CCPA, we will not:

      1. deny you access to goods and/or services provided by us on the Platform;

      2. charge you different prices or rates for the goods and/or services provided by us on the Platform, or imposing penalties on you;

      3. provide you with a different level or quality of goods and/or services than otherwise generally provided by us on the Platform; or

      4. suggest that you will receive a different price or rate for, or a different level or quality of, the goods and/or services generally provided by us on the Platform.

Notice of Changes

We reserve the right to change this Privacy Policy from time to time as necessary to reflect changing legal, regulatory or operational requirements at any time in its sole discretion by posting an updated Privacy Policy on the Platform. All such changes to the Privacy Policy are effective immediately when posted to the Platform and apply to all access to and use of the Platform thereafter.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us at privacy@jillianmichaels.com.