Tonal
supplemental Privacy Policy
This Supplemental Privacy Policy appends (a) the Privacy Policy found at www.tonal.com/privacy (referenced as the “Privacy Policy” throughout this document) and (b) the Arketa Privacy Policy found at https://www.arketa.com/legal/privacy-policy (referenced as the “Arketa Policy” throughout this document).
The capitalized words used here have the same meaning in this Supplemental Privacy Policy as the meanings given to them in the Privacy Policy, unless defined differently here. Tonal wants you to understand our data practices and the rights and choices you have regarding your personal information as they relate to Tonal Training Lab, Tonal’s IRL workout studio (the “Studio”). This Supplemental Privacy Policy describes how we collect, use, and disclose information and it applies to information that is collected when you access TonalTrainingLab.com (the “TTL Site”) and other communications delivered to you via Arketa, or when you visit the Studio to check in for a workout or make certain purchases (collectively, the “Studio Services”).
Note: The Privacy Policy governs the data practices with respect to your use of the Tonal trainer machines (the “Equipment”) in the Studio and at home and our mobile applications (the “Apps”). It also applies to the information we collect when you interact with us, including through emails, respond to our post-Studio workout surveys or our other customer support channels and on social media. Your email communications sent to
tonaltraininglab@tonal.com are subject to the Privacy Policy.
Note: The Studio Services also include sending you marketing emails about the Studio, accessing the class schedule, purchasing packages of sessions, setting up a profile on their platform, sending you transactional emails about your purchases. You’ll see the Arketa logo throughout your experience on the TTL Site.
We may change this Supplemental Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this policy. If we make material changes, we will provide you with additional notice (such as by adding a statement to the TTL Site or sending you a notification). We encourage you to review this Supplemental Privacy Policy regularly to stay informed about our information practices and the choices available to you.
Table of contents
Targeted Advertising and Analytics
Additional Disclosures For Individuals Residing In Certain U.S. States
Collection of Information
The information we collect about you depends on how you engage with the Studio Services or otherwise interact with us. In this section, we describe the categories of information we collect and the sources of this information.
Information You Provide to Us
We collect information you provide directly to us in person at the Studio, and video recordings, including audio, that Tonal may make during your class sessions.
Information We Collect Automatically
We automatically collect certain information about your interactions with us or the Studio Services, including:
- Any video recording by our on-premises security cameras; and
Information Collected by Cookies and Similar Tracking Technologies: Arketa uses certain tracking technologies, such as cookies and web beacons, to collect information about your interactions with the TTL Site and to process your payments. Cookies are small data files stored on your hard drive or in device memory that help us improve the Studio Services and your experience, see which areas and features of the TTL Site or other services are popular, and count visits. Web beacons (also known as “pixel tags” or “clear GIFs”) are electronic images used on the TTL Site and in our emails to help deliver cookies, count visits, and understand usage and website traffic. See the Arketa Policy for further information.
Information We Collect From Other Sources
We are provided information about you via the Studio Services by Arketa who operates the TTL Site. They share information with Tonal in order to provide you with the products and services you’ve requested such as the sessions in the packages you’ve purchased, securing a spot for you in a Tonal Training Lab class when you’ve booked one, and the like.
Use of Information
We use the information we collect to provide the products and services that you’ve purchased (the Tonal Training Lab classes or merchandise). We also use the information we collect to:
- Provide, maintain, improve, and develop products and services for the Studio;
- Respond to your inquiries, fulfill your requests, process your transactions, and provide customer service related to the Studio;
- With respect to video recordings of class sessions, we use these in our public-facing social media channels and other outlets to promote the Studio and Tonal’s products and services (See the Terms & Conditions available through the TTL Site’s booking portal when you purchase a session or a package of sessions);
- Send administrative information and technical notices to you, such as changes to our terms, conditions, policies, class schedules, security alerts, and other transactional or relationship messages related to the Studio;
- Communicate with you about other products, services, and events offered by Tonal, such as those on www.tonal.com, and others and provide news and information that we think will interest you (see the Communications Preferences section below for information about how to opt out of these communications at any time);
- Monitor and analyze trends, usage, and activities in connection with the Studio Services;
- Provide and administer sweepstakes, contests, and similar promotions;
- Comply with our legal and financial obligations;
- Create de-identified, anonymized or aggregated information; and
- Carry out any other purpose described to you at the time the information was collected.
Disclosure of Information
We disclose personal information in the following scenarios:
- Vendors and Service Providers. We disclose personal information to vendors, service providers and contractors that need access to this information to provide services to us, such as website hosting and cloud storage, data analytics, payment processing, certain order fulfillment, customer service, and marketing and advertising.
- Law Enforcement Authorities and Individuals Involved in Legal Proceedings. We disclose your personal information if we believe that disclosure is in accordance with, or required by, any applicable law or legal process, including lawful requests from public and government authorities to meet national security or law enforcement requirements.
- To Protect the Rights of Tonal and Others. We disclose personal information if we believe that your actions are inconsistent with our terms and conditions or policies, if we believe that you have violated the law, or if we believe it is necessary to protect our rights, privacy, safety or property, and/or that of Tonal, our affiliates, you, or users, the public, or others.
- Corporate Transactions. We disclose personal information in connection with, or during negotiations concerning, any reorganization, merger, sale of company assets, joint venture, assignment, transfer, financing, or acquisition or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
- Professional Advisors. We disclose information to our lawyers and other professional advisors where necessary to obtain advice or otherwise protect and manage our business interests.
- Corporate Affiliates. Personal information is disclosed between and among Tonal and our corporate affiliates.
- With Your Consent and at Your Direction. We disclose personal information with your consent or at your direction.
- We also disclose aggregated or de-identified information that cannot reasonably be used to identify you. Tonal processes, maintains, and uses this information only in a de-identified fashion and will not attempt to re-identify such information, except as permitted by law.
Data Transfers
Tonal is based in the United States and we and our service providers process and store personal information in the United States, Canada, and other countries. Where required by law, we provide adequate protection for the transfer of personal information in accordance with applicable law. Where relevant, you may request access to any safeguard that we use to transfer your personal information outside of the European Economic Area, the United Kingdom, or Switzerland (although we may need to redact data transfer agreements for reasons of commercial confidentiality).
Your Privacy Choices
Account Information
Please contact Arketa to access, correct and delete certain information stored on your account profile at support@arketa.com. You can request to delete your data through your Arketa account settings.
Cookies and Similar Tracking Technologies
Arketa uses cookies and similar tracking technologies to analyze use of the Studio Services. Please see the Arketa Policy for more information.
Communications Preferences: Text & Email
You may opt out of receiving text messages or promotional emails about the Tonal Training Lab. To opt out of promotional emails, please click on the unsubscribe link provided at the bottom of these emails. If you opt out, we and Arketa may still send you non-promotional emails, such as those about your classes or any merchandise purchases.
To opt out of text messages, please text the keyword “STOP” to text messages you receive from the Studio. You will receive one additional text message from us to confirm that your request has been processed. For more information, please review the Arketa
Terms of Service.
Collection, Use, and Disclosure of Personal Information
Categories of Personal Information
Categories of Recipients
Use of Personal Information
Identifiers (such as your name, email and IP address)
Service providers; providers of connected applications and devices; legal authorities; data analytics providers; sponsors of sweepstakes, contests, and similar promotions
We use this information to:
· provide, maintain, repair, improve, and develop products and services;
· respond to your inquiries, fulfill your requests, process your transactions, and provide customer service;
· send administrative information and technical notices to you, such as changes to our terms, conditions, and policies, security alerts, and other transactional or relationship messages;
· communicate with you about products, services, and events offered by Tonal and others and provide news and information that we think will interest you;
· monitor and analyze trends, usage, and activities in connection with the Studio Services;
· provide and administer sweepstakes, contests, and similar promotions;
· facilitate certain internal business purposes, such as data analysis, audits, fraud detection and prevention, and to detect, investigate, respond to, prosecute, and help protect against security incidents and other malicious, deceptive, or illegal activity;
· comply with our legal and financial obligations;
· create de-identified, anonymized or aggregated information; and
· carry out any other purpose described to you at the time the information was collected.
Commercial Information (such as records of products or services purchased)
Service providers; legal authorities
Internet or other electronic network information (such as information from cookies and browsing history)
Service providers; providers of connected applications and devices; data analytics providers
Geolocation Data (such as approximate location derived from your IP address)
Service providers; providers of connected applications and devices; legal authorities; data analytics providers
Audio/Video Data
Service providers; providers of connected applications and devices; legal authorities; marketing and advertising partners, social networks
Inferences
Service providers; data analytics providers
Additional Disclosures For Individuals Residing In Certain U.S. States
Certain U.S. states have enacted privacy laws that grant their residents privacy rights and require specific disclosures (“State Privacy Laws”). If you are a resident of California, Colorado, Connecticut, Montana, Oregon, Texas, Utah, or Virginia, this section applies to you.
Additional Disclosures
The prior sections of this Privacy Policy explain how we collect (Collection of Information), use (Use of Information), and disclose (Disclosure of Information) information about you. As required by certain State Privacy Laws, we use the tables below to explain this same information, including the categories of personal information we collect (and have collected over the preceding 12 months), the types of entities to which we disclose such information, and the ways we use each category of information.
Other Details about our Information Practices
As described in the Collection of Information section above, we collect personal information from various sources, including directly from you (for example, when you make a purchase from the TTL Site or at the Studio), automatically when you access or use the TTL Site, and from third-party sources, such as third-party devices that you choose to connect to your Tonal account. We also derive information or draw inferences about you based on the information we collect.
We do not knowingly sell or share personal information about consumers under the age of 16, or a higher age where required by law.
We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you.
We store personal information associated with your account for as long as your account remains active. If you close your account we will delete your account data; otherwise we will delete your account data after a period of inactivity. We store other personal information for as long as necessary to carry out the purposes for which we originally collected it and for other business purposes described in this Supplemental Privacy Policy.
Your Privacy Rights
Access, Correction, and Deletion
You have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, and (3) request correction of inaccurate personal information. To request access, correction, or deletion of your personal information as described in this Supplemental Policy, please email support@arketa.com. Once we receive the request, we will verify your request by asking you to provide information related to your recent interactions with us. Arketa will also handle any appeals and handle requests from authorized agents.
Nondiscrimination
Tonal will not discriminate against you for exercising your privacy rights.
Contact Us
Please contact Tonal at support@tonal.com if you have any questions regarding this Supplemental Privacy Policy. Questions about the Arketa Policy should be directed to Arketa at support@arketa.com.
Copyright © 2024 Tonal Systems, Inc. All rights reserved.
