Privacy Policy

PRIVACY POLICY

Last updated: July 17, 2020

Cardio Monster USA, LLC, together with our parent companies, affiliates, and subsidiaries (collectively, “ 54D”, “ us”, “ we” or “ our”) know that you care about how your information is used and shared, and we appreciate the trust you place in us that we will do so carefully and sensibly.  We provide you with this Privacy Policy because we want you to know how we may collect, use, share and keep information about you, and the choices that are available to you.

Please don’t hesitate to contact us at any time if you have any questions regarding the contents in this Privacy Policy by emailing privacy@cardiomonsterusa.com

When Does this Privacy Policy Apply?

This Privacy Policy applies whenever we collect personal information from or about you when you access or use any of our websites, applications, content, streaming services, products, goods, equipment, services, promotions, software, technology and any other materials (collectively, “ 54D Services”), or when you contact us in any manner.

What Information Is Collected About You Through 54D Services?

The information we receive from and collect about you helps us personalize and continually improve your experience using the 54D Services and our business. Here are the general types of personal information we (and certain third parties) may gather:

Information You Give Us:

Sources of Information You Give Us: We receive, store and process personal information you provide to us when you use the 54D Services, set up a 54D account and profile, enter information on our websites or message boards, communicate with us over phone, email, or otherwise, use our applications on mobile or connected devices, use our streaming services, take our surveys, participate in any promotion, interact with our social media presence, or in any other way.

Examples of Information You Give Us: This includes without limitation:

  1. Contact information: name, shipping, billing, and/or business addresses; phone number; email address; social media username
  2. Log-in information: username and password information;
  3. Payment information: credit or other payment card information;
  4. Demographics information: gender; date of birth; interests, preferences, inferences, profile data, and survey response data;
  5. Purchase history: products you may have purchased from us and others and price of such products
  6. Fitness and wellness information:
    1. Physical information (e.g., weight, waist, hip and bicep measurements, etc.);
    2. Food and nutritional information (e.g., types of food and beverages consumed, nutritional supplement and water intake, and any related caloric, fat, fiber, cholesterol and other information);
    3. Metabolic information (e.g., caloric and fat burn through exercise, and other related information);
    4. Fitness and activity information (e.g., the types and number of workouts you may be using, workout and activity tracking, hours exercised, etc.).
  7. Photos, surveys, feedback and/or content:  content you post on our message boards, photos you upload into the 54D Services, or information you submit about our products, goods or services;

Information We Automatically Receive:

Sources of Information Automatically Received: We automatically receive and store certain technical information about your device and the systems you use to connect with and interact with us. For example, like many other websites, we use “cookies” to recognize your device and enhance your experience on our websites as described below. We also use pixel tags which allow us to place and read cookies and obtain certain information when your web browser accesses any of our websites or you interact with the emails we send you. For more information on cookies and other tracking by us and others, please refer to our “Cookies” section below. We may use software tools such as JavaScript to collect information about visits to our website. We may also automatically collect information about you through our partnership with Trainerize.

Examples of Information We Automatically Receive When You Use Our Sites: This includes without limitation:

  1. Device identifiers: your Internet protocol (IP) address (the number used to identify your computer or modem to the Internet, which can potentially identify your location and Internet Service Provider), and cookie identifiers;
  2. Device, system, and usage data: browser type, device type, device screen size, version and time zone setting, operating system; information about your activities on our websites, including the Uniform Resource Locator (URL) from which you came to our websites and the URLs that you visited on our websites; products you viewed or searched for; the phone number you used to call us; pixel tag data as described below; session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostic purposes.
  3. Mobile and Connected Device Information: When you download, install, first launch, or use Trainerize to access 54D Services through mobile or connected devices, we may receive information about your device. Some devices may allow you to opt-out of this collection or access, and in those cases, you may be able to subsequently stop the collection or access. Please review your device settings for more information. For more detailed information, please review Trainerize Privacy Policy
  4. Payments for Services:No payments are processed on any 54D websites.  54D utilizes third party vendor Shopify to process all orders and payments.  Please visit Shopify for more information on how they maintain and protect your information.   Shopify Privacy Policy

Examples of Mobile and Connected Device Information We Collect: This includes without limitation the same types of data that we collect through our websites as described above, and the following:

  1. Mobile device identifiers: mobile device IDs, including AdIDS;
  2. Mobile device, system, and usage data: precise geolocation information (if you enabled this feature), mobile carrier provider, the types of mobile devices and mobile operating systems accessing the application, and information that we may obtain from device features you allow us to access such as photos and voice data.

Information  We Obtain From Third Party Sources:

Sources of Information We Obtain From Third Party Sources: We may receive information about you such as contact information and demographics information from other sources. In addition, we may combine information you give us with other information from these sources.

Examples of Information We Obtain From Third Party Sources: These sources include without limitation the following categories:

  1. Our vendors: contact information and demographics that you provide to or through our vendors, such as through our email campaigns;
  2. Social media services: information that you publicly post on our and your social media pages (e.g., our Facebook®, Instagram®, and Twitter® pages), such as your contact and demographic information, such as likes, interests, preferences, comments, suggestions, and opinions, fitness and wellness information, general feedback and content;
  3. Other third party sources (including data aggregators and public databases): transactional data from third party purchases; contact information, demographics information, including profile data; information about products or services purchased from other companies.

How Does 54D Use the Information It Collects?

54D may use the information provided above in various ways, including without limitation, for the following business and commercial purposes:

Types of Uses

  1. To facilitate use of 54D Services, and verify your identity and/or location to allow access to your accounts (such as your 54D profile or 54D account)
  2. Contact information, log-in information, fitness and wellness information, demographics information, device identifiers, device system and usage data, mobile and connected device information
  3. Communicate with you about your participation in 54D Services or any inquiries  or customer service issues you may have submitted to
  4. Service and manage your accounts, or contact you about your accounts, troubleshoot and/or address a problem or issue affecting your use of any 54D Services
  5. Assist you with your health and wellness goals, such as providing you with information and feedback on your goals, tracking your progress with fitness and nutrition, and helping you connect with individuals who share your interests so you can stay motivated toward reaching your goal
  6. Improve any 54D Services, such as the look and feel of our apps or websites, and related advertising or materials
  7. Target advertising or promotions that may be of interest to you, such as emails, direct mail, banner ads, splash ads (ads that appear as you sign in or out of your online accounts) or promotions based on your demographic profile, interests, or location
  8. Send you emails and other communications with offers about 54D’s or any of our business partners’ products or services that we think you may find useful, or to see if you are interested in participating in surveys, market research or other inquiries
  9. Administer contests, promotions, events, market research, surveys or other features
  10. Improve, personalize, and optimize your website browsing and mobile application experiences by examining which parts of our website you visit or which aspect of our mobile applications you find most useful, and to improve existing or develop new products and services
  11. Operate, improve, and maintain our 54D Services, including for data analysis, such as user behavior and trends, and diagnose problems with our server and administer our websites
  12. Assist us in taking data security precautions and to engage in fraud prevention, detection, and remediation
  13. Comply with applicable international, federal, state, provincial/territorial and local laws, directives, rules, regulations, and ordinances; civil, criminal or regulatory investigations; or other legal requirements, such as court orders
  14. Any personal information

Cookies and Third Party Tracking Tools? / California’s “Do Not Sell My Info” Law

54D does not sell your personal information for payment or other monetary consideration. However, because California law broadly defines a “sale” of your personal information to include the act of making cookie and other similar data available to third party advertising and analytics providers when you use 54D Services (even though we never receive any money in exchange), we are required to disclose those practices here.

Cookie and Pixel Tags: Like most websites today, 54D uses cookies and similar technologies to operate our websites and online services and to collect data. Cookies are small text files placed on your computer or mobile device to store data that can be recalled by a web server in the same domain that placed the cookie. The text in a cookie is a string of numbers and letters that uniquely identifies your device and can contain other information as well. We use cookies on our websites and 54D Services to recognize your device, store your preferences and settings, enable you to sign-in, provide internet-based advertising, combat fraud, analyze our products, and perform and fulfill other legitimate purposes.

Certain 54D Services and websites contain electronic images known as pixel tags (also called web beacons or gifs) that we use to help deliver and recognize cookies on our websites, count users who have visited those websites, and gather usage and performance data. We also include pixels in our emails to tell if you open and act on them.

Third Party Cookies and Pixel Tags: Our websites and services include pixel tags and cookies and mobiles IDs from third parties. In some cases, a third party uses cookies and pixel tags or mobile IDs to provide services on our behalf, such as site analytics. In other cases, third parties use cookies and pixel tags or mobile IDs to track interaction with and the effectiveness of content (such as videos, news content) and ads. When your browser connects to a third party’s web server to retrieve content or pixel tags, that third party is able to set or read its own cookies on your device and may use those cookies to collect information about your online activities over time and across different websites or online services using those cookies.

Third party advertising and analytics providers use by 54D on some or all of the 54D Services, such as 54d-on.com, and other sites and apps. This list notes the purposes for using your cookie data, and ways you can opt-out of their use of your cookies. This list may change from time to time, and we will take commercially reasonable efforts to keep it current.

Company/Service; Business or Commercial Purpose(s); Privacy Notices

Advertising

Analytics

Industry opt-out: Many of these companies are also members of associations, which provide a simple way to opt out of analytics and ad targeting, which you can access at:

§  NAI ( http://www.networkadvertising.org/managing/opt_out.aspx) and

§  DAA ( http://www.aboutads.info/choices/)

Browser cookie controls: Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our website. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.

Pixel Tag Controls: You can disable pixel tags in emails by changing the settings on your email client to prevent the automatic downloading of images.

Mobile Ad ID controls: Each operating system provides options to limit tracking and/or reset the advertising ID.

Do Not Track Signals:

Information and Data Sharing

We value the trust our customers place in us to safeguard their personal information. We share personal information we collect as described below:

Third-Party Service Providers: We disclose any of the categories of personal information described in this policy to third party companies and individuals for business purposes performed on our behalf to better serve you. For example, we use third parties to help us make our products and services available to you, process credit card payments, provide customer service, conduct market research or information analysis, manage promotions, and contact you in connection with various 54D Services. In these instances, we may need to provide your information to these third parties for such purposes.

Affiliates and Subsidiaries; 54D Partners; Third Party Offers: 54D may share your personal information with its affiliates, and subsidiaries. 54D occasionally partners with third parties to learn more about our customers so we can service you better or offer products or services that we feel may be useful to you (“ 54D Partners“). In such case, we may disclose to a 54D Partner certain information, such as your contact information (name, email address, phone number, billing or shipping address) and purchase history. If you request information from a 54D Partner, we may disclose additional information such as your email address, phone number and other contact information, so the 54D Partner can provide you with the information you requested. We may disclose aggregated, de-identified information to 54D Partners: (i) so the 54D Partners can provide you with advertisements tailored to your interests; (ii) for statistical analysis, research, and demographic profiling purposes; and (iii) to support our business and improve our mission to help our customers achieve their health and wellness goals.

Protection of 54D and Others: We may share your information, including personally identifiable information, in order to: (i) protect or defend the legal rights or property of 54D, or the legal rights of our customers, business partners, employees, agents, and contractors; (ii) protect the safety and security of our customers, members of the public, including acting in urgent circumstances; (iii) detect and protect against fraud and identity theft or to conduct risk management; (iv) comply with laws, legal process, or legal requests from any governmental or regulatory body; or (v) to enforce or apply our website Terms and Conditions and/or other agreements.

De-identified Data Disclosures: We may also disclose non-identifying transaction information to third parties for accounting, record keeping and other purposes. We may also disclose aggregated, de-identified user data or non-personal information with business partners, advertisers, and others.

Third-Party and Advertisers’ Services 

At various points and pages on our websites, you may be able to access or utilize services offered by or in conjunction with third parties. This includes services in connection with third-party “social media” and other sites that would allow personal information to be transferred to such third parties (for example, Facebook Connect), and others.

These third parties have separate data collection and privacy practices independent from ours, so please review their privacy policies to understand your rights. For this reason, 54D cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy practices.

Security of Information

54D has implemented and uses reasonable security measures designed to help prevent the loss and unauthorized access of your information. Despite these efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against interception or to be absolutely secure.  As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or our online services. You can help protect your personal information by not reusing any passwords you use in connection with your 54D accounts and profiles. If you suspect a website or mobile application is pretending to be that of 54D’s (also known as “spoofing”), do not enter any personal information, but please let us know by emailing . Personal information may be accessed by persons within our organization, or our third party service providers, who require such access to carry out the purposes indicated above, or such other purposes as may be permitted or required by the applicable law. Personal Information we collect is maintained in the United States.

Users Outside of the USA

Like most websites and businesses, 54D’s websites may be accessed by an international audience. By visiting our websites, using our applications, and/or providing us with any data, you agree we may collect, process, use, and store your personal information as discussed herein, outside your resident jurisdiction (the U.S.). Our 54D Partners and third party service providers may also be located outside of your jurisdiction. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions. Please note that U.S. law and those of other countries where your information may be stored and processed may offer different levels of protection for your information than your home country. We will take all reasonable steps to ensure that such personal information is treated securely and in accordance with this Privacy Policy.

Access or Update User Information

If you provided your information directly to 54D, you may easily access or update certain personal information by visiting            We will use commercially reasonable efforts to respond to your request to access or update your information.

Your Privacy Choices: Opt-Out

Marketing: We offer you various ways to opt-out of receiving certain communications from us. If you would like to opt-out of receiving email marketing communications from us, you may click the “Unsubscribe” link found at the bottom of 54D marketing emails that we send and follow the easy instructions to opt-out, or you may click the “Preferences” links to update your email settings. If you would like to opt-out of receiving marketing phone calls, you can inform the agent with whom you speak that you would like to be placed on 54D “Do Not Call” list. If you would like to opt-out of any 54D text message campaign, please follow the instructions provided when you opt-in to the campaign; typically, responding “STOP” to your specific short code will opt you out of the campaign for which you signed up.

Online Advertising: To learn some of the ways that you can opt-out of targeted online advertising, see the section above titled “What About Cookies, Pixel Tags and Third Party Tracking Tools? / California’s “Do Not Sell My Info” Law” for more information.

Changes to This Privacy Policy

54D may modify this Privacy Policy at any time effective upon its posting on our websites. Your continued business relationship with us, or use of any of our 54D Services after the changes are posted constitutes your acceptance of any changes, both with regard to information we have previously collected from you and information we may collect from you in the future.

Notices to California Residents

Your California Privacy Rights – California Consumer Privacy Act (“CCPA”)

If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“ CCPA”), beginning January 2020 you have certain rights with respect to that information. In particular, you have a right to request that we provide you with the following information:

    1. The categories and specific pieces of personal information we have collected about you.
    2. The categories of sources from which we collect personal information.
    3. The purposes for collecting, using, disclosing, or selling personal information.
    4. The categories of third parties with which we share or disclose personal information.
    5. The categories of personal information disclosed about you for a business purpose
    6. The categories of personal information sold about you and the categories of third parties to which the personal information was sold, by category or categories of personal information for the categories of third parties to which the personal information was sold and the business or commercial purpose for selling personal information.

You also have a right to:

    1. receive explicit notice of further sale of personal information about a consumer that has been sold to a third party by a business and an opportunity to exercise the right to opt-out of such further sale;
    2. opt-out from the sale of personal information, which you can exercise by visiting our section above entitled “California’s Do Not Sell My Info Law”;
    3. request that we delete personal information under certain circumstances, subject to a number of exceptions;
    4. not be discriminated against for exercising rights set out in the CCPA.

To exercise your rights under CCPA, please email us at email to make a formal request under CCPA.

California Shine the Light

A California resident who has provided Personal Data, as defined under California Civil Code section 1798.83, to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “ California Customer”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes.  In general, if the business has made such a disclosure of Personal Data, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom Personal Data was disclosed in the preceding calendar year, as well as a list of the categories of Personal Data that were disclosed.  California Customers may request further information about our compliance with this law by emailing email.  Please note that we are required to respond to one request per California Customer each year, and we are not required to respond to requests made by means other than through this email address.

Contacting 54D

Please feel free to share any comments, concerns, complaints, or questions with us:

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