Privacy Policy

Last Updated: May 18, 2023

WorkOutLoud, LLC (together with its affiliates and subsidiaries, “WOL,” “we,” or “our”) respects your privacy. Because we gather important information from our visitors and customers, we have established this Privacy Policy so you know how we handle the information we receive from you when accessing WOL’s website or applications. During the course of our activities we will collect, store and process personal data about our customers, suppliers and other third parties.

This Privacy Policy operates in conjunction with our Website Terms of Use as well as our Application Terms of Use, Master Services Agreements, and other agreements (each a “WOL Agreement”) with individuals or businesses (e.g., your employer) that use or interact with WOL products or services (each such business, together with its employees and other authorized users, a “Client”). This Privacy Policy describes the types of information we may collect from individuals (“you” or “your”) that visit, download, install, or use our publicly available website (the “Website”), our online applications (the “Applications”)(collectively, the “Platform”) and the reasons we collect that information. By using the Platform, you authorize WOL to collect and use your information as set forth in this Privacy Policy and any applicable WOL Agreement. Such WOL Agreements may further restrict and limit the way in which WOL collects, uses, and shares personal information provided by WOL Clients through or in connection with their use of WOL products and services.

Any revisions to this Privacy Policy will be posted here. Your continued use of the Platform after we post such changes will constitute your acceptance of the revised Privacy Policy to the extent permitted by law.

1. What information is collected?

WOL primarily collects information through your creation of “contacts” and “profiles” on our Platform. A contact is an email plus optional first and last name supplied by the administrator or Client of a group for a specific event or related campaigns. This information is supplied by the administrator or Client. WOL will not use this information for any purpose other than as part of an email campaign or the like as directed by the administrator or Client of the event.

A profile is created by an individual also known as a "member". WOL provides the necessary mechanisms to maintain the member profile in a self-serve manner. Profiles are operated entirely by the person that the profile represents. We do not use member profiles other than to operate an event or other related service (i.e., survey, polling, forum, etc.) that an administrator or Client develops with WOL.

WOL collects “Personal Information” for its own business purposes and to fulfill its contractual obligations to its Clients. Personal Information includes information that may be used to identify, locate, or contact you, such as your name, company, address, e-mail address, phone numbers, and the number of users within the organization that will be using the Services. At the time you express interest in obtaining additional information, or when you register for the service, we may also ask for additional personal information, such as title, department name, fax number, or additional company information, such as annual revenues, number of employees, or industry.

We may also collect information that reasonably can be related or linked to a particular individual or a household, including through an IP address, such as relationship information regarding products and services we provide or may provide to you, information about how you use the Platform, and information about the device(s) and networks that you use in conjunction with the Platform, such as login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, device type, browsing history with respect to the Platform for each device, referring websites, emails, or other electronic communications, and search terms. You should discontinue use of the Platform if you do not wish to share this information with WOL. Unless otherwise required by law, Personal Information does not include publicly available information or aggregated or de-identified information that cannot be used to identify you individually or reasonably be re-associated with you.

2. Who is collecting the information?

When you are on the WOL Platform and are asked for personal information, you are sharing that information with WOL. The WOL Platform may contain various links to third-party websites. These sites may provide information, products, services and promotions that are separate from and in addition to WOL information, products, services and promotions. These sites are owned and operated by third parties and not by WOL. As such, any information you provide to these third-party websites will be subject to their data collection practices and governed under the terms of their privacy policy. All questions, comments, and concerns regarding third party websites should be directed to the third party.

3. How is my information collected and used?

WOL may collect and use Personal Information in a variety of ways depending on the context of the collection. The table below describes the purposes for which we collect information and the lawful basis for each purpose.

Collection
Purpose
Lawful Basis

WOL may collect Personal Information directly from you when you interact with us, such as when you register for a WOL product or service, create a profile, provide information to a WOL employee, solicit offers for services from WOL, make an inquiry about a product or service, or enter into a contract with WOL.
To facilitate business relationships, including providing products and services to our Clients, to enable us to contact you to fulfill requests, provide updates regarding this Privacy Policy or other legal documents, and provide support, to bill and collect payments, and to provide you with a customized experience on our Platform, such as by providing interactive communications or other services.
To improve our products and services.
To market our products and services to you.
Performance of a contract to which you are (or your employer is) a party.
WOL’s legitimate business interests.
WOL’s legitimate business interests or (where required by applicable law) your consent

WOL may also collect Personal Information that you provide in your communications through optional surveys, questionnaires, web forms, or other services. Participating in these communications is optional and refusing to participate will have no effect on Website functionality.
To fulfill the purpose described on the survey, questionnaire, or web form, or to respond to your inquiries within our e-chat services.
Your consent.

WOL may automatically collect information about your device, network connection, or browsing activity when you visit our Platform.
To measure our audience size and usage patterns, store information about your preferences, allowing us to customize our Platform according to those preferences, improve search functions and other Platform features, recognize you when you return to our Platform, detect certain types of fraud, and administer or improve our Platform.
WOL’s legitimate business interests.

WOL may collect Personal Information in the process of confirming your identity via your use of our Member sign-up or login.
To confirm your identity for security purposes.
WOL’s legitimate business interests.

We use cookies and other forms of automatic data collection with respect to some of the information above. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer. We use cookies for the following purposes:

  • Strictly Necessary cookies. These are cookies that are required for the operation of the Platform. They include, for example, cookies that enable you to log into secure areas of our Platform.
  • Analytical or Performance cookies. These cookies allow us to recognize and count the number of visitors to the Platform and monitor usage at a collective level.
  • Functionality cookies. These are used to recognize individual users and tailor the Platform to their preferences. For example, these cookies might be used to greet you by name after you have logged into a secure area of the Platform, and help us make sure you are who you say you are after you've logged in. These cookies are required in order to use the WorkOutLoud application.
  • Targeting or Tracking cookies. These cookies record your usage of the Platform in order to make our content and advertising more relevant to your interests. We may also share this information with third parties for this purpose.

For a list and description of the particular cookies we utilized, please visit our Cookie Policy located at wol.workoutloud.com/Cookie-Policy

Once they have been placed, these cookies may remain on your browser until you remove them. Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also place cookies on your browser using other websites you access, over which we have no control. These cookies are likely to record your browsing activity, which may include your usage of our Platform. You can clear or adjust settings related to cookies at any time using your web browser. 

We treat information collected by automatic data collection technologies as Personal Information when it is associated with or stored in a way that can be reasonably associated with identifiable Personal Information we collect in other ways. While our Platform currently does not recognize Do Not Track signals from your browser, we do provide information below about how to manage your choices and preferences related to online tracking.  To learn more about browser tracking signals and Do Not Track please visit http://www.allaboutdnt.org/. Additionally, you may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, please note that some parts of the Platform may become inaccessible or not function as intended.

4. With whom does WOL share my information?

It is WOL’s policy not to provide your Personal Information to third parties except as outlined in this policy or unless we have your prior consent. WOL may provide Personal Information to WOL affiliates, to our own auditors or other service providers, or to third party vendors whose services are integrated into our Platform in order to provide the services we offer or upon whom we rely on to operate and market our business. These include those sub-processors[BKJ3]  such as:

www.stripe.com and other selected third parties to the extent we reasonably consider the disclosure to be necessary for our legitimate business interests or in your best interest.

Before we disclose information to third parties, we contractually require the recipients to use such information solely for purposes related to providing the services requested and to provide at least the same level of data protection as described in this Privacy Policy. We may also disclose Personal Information or in connection with negotiations to buy or sell any business or its assets, but only to the extent reasonably necessary given the context, and may also disclose aggregated and other non-personal information, including user statistics, to describe our Platform to prospective business partners, advertisers, and other third parties.

We may disclose information when required to do so by law, such as in response to a subpoena, including to law enforcement agencies and courts.

5. Client Personnel Information

In order to provide our products and services to our business Clients using the Platform, WOL may collect Personal Information about such Client’s current, prospective, and former employees, representatives and other personnel (collectively, “Client Personnel”). We may receive this Personal Information from our business Clients or directly from Client Personnel. WOL will disclose Personal Information about Client Personnel as directed by the relevant Client including through any applicable WOL Agreement with the Client and other entities that may be required for us to deliver our products and services to the Client. Any such entities are contractually bound to limit use of Personal Information as needed to perform the services requested. We may also disclose Personal Information of Client Personnel when required to do so by law, such as in response to a subpoena or court order. WOL will at all times maintain reasonable and appropriate security controls to protect personal information of Client Personnel, as described under Data Security below.

If you have questions about your privacy rights as an employee of a WOL Client, please contact your employer’s human resources department.

6. Choices about how we use and disclose your information

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. In many cases, you can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Each browser is different, so visit the “help” section of your browser to learn about cookie preferences and other privacy settings that may be available. If you disable or refuse cookies, please note that some parts of our Platform may then be inaccessible or not function as intended.

Promotional Offers from the Company. If you do not wish to have your contact information used by WOL to promote our own products or services, you can opt-out by sending an email stating your request to  info@WorkOutLoud.com.. If we have sent you a promotional email, you may request to be omitted from future emails by sending us a return email or pressing the opt-out  button provided. This opt-out will not apply to our use of information provided to WOL as a result of a product or service purchase, registration or other transactions.

Targeted Advertising. Third party advertising companies may place cookies on your computer when you visit our website or other websites so they can display targeted interest-based advertisements to you. This Privacy Policy does not cover the collection methods or use of the information collected by these third parties. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website at www.networkadvertising.org.

Google Analytics. We use Google Analytics to monitor and improve our user experience. You can opt out of Google Analytics without affecting how you visit our site. For more information on opting out of being tracked by Google Analytics across all websites you use, visit https://tools.google.com/dlpage/gaoptout.

7. Accessing and correcting your information

If allowed by the applicable WOL Agreement or required by law, you may review and change your Personal Information by logging into your account on the Platform and visiting your profile page.

8. California Privacy Rights

California Civil Code Section § 1798.83 permits users of the Platform that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to info@WorkOutLoud.com or write us at: 4154 Shoreline Dr. STE 210,Spring Park, MN, 55384 USA. WOL’s information practices and your rights related to your Personal Information under the California Consumer Privacy Act of 2018 (CCPA) depend upon on the context in which WOL collects and uses such Personal Information.

California Client Personnel.  In many cases in which we collect or receive your Personal Information, we are acting as a “service provider” to your employer, as such term is defined in the CCPA. WOL is contractually prohibited in such cases from collecting, accessing, maintaining, using, processing and transferring your Personal Information except as is necessary to perform our contractual obligations to our Client or as otherwise required or permitted by law. If you are a California resident and you have questions about our collection and use of your Personal Information in this context, please contact your employer, who acts as the “business” under the CCPA in such cases.

California B2B Client Representatives.  If you are a representative of one of our business Clients, we may have Personal Information about you, such as your contact information, title, and other information reflecting our communications and transactions with our business Clients.  We do not, and do not intend in the future, to sell this Personal Information. If you have questions regarding this policy or WOL’s privacy practices while acting in this capacity, please contact us at to info@WorkOutLoud.com.

Other California Business Prospects and Visitors.  Outside of the two contexts described above, WOL may collect and maintain Personal Information about California business prospects and visitors in WOL’s capacity as a “business” under the CCPA. In these cases, the CCPA gives California residents the right to request access to or deletion of (subject to certain exceptions) such information from WOL. In general, the categories of Personal Information that WOL may have about California business prospects and visitors include identifiers and commercial information, as well as network and geolocation information depending on whether and how a visitor or prospect has interreacted with our Website or Platform. Some of this Personal Information may be covered by California’s Customer Records statute (Cal. Civ. Code § 1798.80(e)). This Personal Information is used and shared as described in this policy. WOL does not (and does not intend in the future) to sell your personal information. To request more information about the Personal Information collected about you in this context in the last 12 months, or to request deletion of your Personal Information, you may call 1-800-819-1190 or send an email to info@workoutloud.com along with your request including your name, email, and phone number for verification purposes. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information, and access requests may only be made twice within a 12-month period. WOL must be able to verify your identity in order to comply with your requests under the CCPA. To do so, WOL will seek to associate the information provided by you when making your request with personal information we have collected about you previously. WOL will endeavor to respond to valid verifiable consumer requests within 45 days of receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. WOL may not and will not discriminate against any California consumer for exercising any of the rights described in this section – including by charging differential pricing.

9. European Users and Visitors

If you are located outside of the United States, you acknowledge and agree that, where WOL is the data controller with respect to your Personal Information, WOL may process that Personal Information outside of the country in which you are a resident and in countries that are not subject to an adequacy decision by the European Commission and which may not provide for the same level of data protection as the European Economic Area (EEA). With respect to such cases, WOL has undergone an extensive data protection impact assessment and determined that WOL affiliates may share Personal Information among such jurisdictions (including the United States) pursuant to the standard contractual clauses for the transfer of data as approved by the European Commission in connection with certain supplemental measures undertaken by WOL. If you are located in the EEA, WOL will ensure that your Personal Information is:

  • processed lawfully, fairly and in a transparent manner,
  • processed for specified, explicit and legitimate purposes,
  • adequate, relevant and limited to what is necessary,
  • accurate and kept up-to-date,
  • not subject to any automated decision-making processes;
  • kept for no longer than is necessary, and
  • processed in a manner that ensures appropriate security.

If you are located in the EEA, you have certain statutory rights in relation to your Personal Information. Subject to any exemptions provided by law, you may have the right to request access to, as well as to seek to update, delete, correct, or restrict or object to the processing of your Personal Information.  As explained above, we process Personal Information in various ways depending upon your use of our Platform.  WOL relies on the following bases to process Personal Information: (1) as necessary to perform a contract when you request services; (2) as necessary for our legitimate interests in providing, enhancing, and protecting our Platform and providing you with marketing materials; and (3) with your lawful consent. You have a right to object to WOL’s use of your Personal Information for direct marketing purposes at any time. You can exercise these rights by visiting our data subject request by contacting us at 1-800-819-1190 or sending an email to info@WorkOutLoud.com.

You may write to our Privacy Office at info@WorkOutLoud.com with any questions or complaints. You also have the right to file a complaint with the data protection authority in the country where you reside, work, or where an alleged infringement of data protection laws has taken place.

10. Data Security

WOL has implemented reasonable, risk-based technical and organizational measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where you have chosen a password for access to certain parts of the Platform, you are responsible for keeping this password confidential.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to the Platform. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Application by any third party unless the circumvention was the result of our gross negligence or willful misconduct.

11. Data Retention

The period for which we retain your Personal Information varies depending upon the legal basis for which we collected such data:

Legal Basis
Length of Time
Performance of a contract to which you are (or your employer is) a party:
As long as is necessary for the performance of the contract.
Compliance with legal obligation:
As long as is necessary for us to comply with our legal obligations.
Our legitimate business interests:
Until you ask us to stop, unless an exception under applicable data protection law applies.
Your consent:
Until you revoke your consent, unless an exception under applicable data protection law applies.

12. Additional Information

If you have any questions or concerns about your privacy on the Site, or wish to opt-out of any email list, please contact us at:

WorkOutLoud Attn: Privacy Office 4154 Shoreline Dr. STE 210,Spring Park, MN, 55384 USA | Phone: 1-800-819-1190

Questions regarding this policy should be directed to info@WorkOutLoud.com.

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