WELLUNESS PRIVACY POLICY

Last Updated: 30 Oct, 2024

Welcome to Welluness ("Welluness", "we", or "us"). Welluness is trading name of Nerla LTD. This Privacy Policy is meant to help you understand how we collect, use and share information to operate, improve, develop and help protect our services, or as otherwise outlined in the Policy. This includes how we collect and process your personal information such as when you visit Welluness sites, use any Welluness services including Welluness applications (the "App") or fitness equipment, or when you interact with us via our call center, support service including live chats and e-mail communications, social media channels, as well as other online and offline services we provide (together, the "Services"). This Privacy Policy applies to our Services except where otherwise noted.

 

Why This Matters

 

Our goal with this Privacy Policy is to be transparent with our members and customers with what information Welluness collects, uses and shares. Please be sure to read this entire Privacy Policy before using or submitting information through the Services. By using or submitting information through the Services, you are acknowledging the collection, transfer, manipulation, processing, storage, disclosure and other uses of your personal data as described in this Privacy Policy.

 

  1. WHAT PERSONAL INFORMATION WE COLLECT

Depending on how you interact with Welluness and our Services, we may collect your personal information. The sources from which we collect this personal information fall into three categories: Information you provide, Information we collect automatically, Information we collect from other sources. See below for more information on the types of personal information in each category.

1.1. Information you provide

When you interact with Welluness you may volunteer personal information, or you may be asked to provide personal information in order for us to provide the Services as described. Examples of interacting with Us: accessing our Services, completing and/or using one of our registration forms, reviewing our content, contacting us with inquiries, responding to one of our surveys, purchasing or using our Services.

Standard Identifying Information. Name, mailing address (including post code), billing address (including post code), email, date of birth and phone number. These are collected when you register for Services, subscribe to Welluness marketing, communicate with us, or register for a test ride.

Purchase Information. Details related to products and Services you order, and delivery information (including billing, shipping and delivery address) that you provide when you purchase products and Services. Please note, we do not store or capture any credit card information. This information is collected directly by our payment processing partners, but we would like to inform you about its collection since this information is collected from you through our site and from you, our customer.

User Generated Content. Any content or material you publish or post such as hashtags, photos or videos on our Services as described in Section 8 “User Content” of our Terms of Service.

Feedback and Support Communications. Any details of your communications/interactions with us, including when you call, email, live chat, video call or text with our support teams or communicate with us via social media channels or community forums. We may record support calls for training and monitoring purposes and to help resolve issues. We will tell you before recording and, where required by applicable laws, obtain your consent for the collection of these recordings. Our live chat Service Provider records information submitted in the chat bot, as well as any dialogue with member support. We collect, retain, and use Communication Information based upon our business need to receive and act upon your feedback or issues and for training purposes.

Surveys and Review Information. Any information you voluntarily provide to us or our Service Providers (or otherwise publish) in connection with a survey you complete or review / testimonial you provide about Welluness goods and/or Services. We may collect this information to understand your opinions, better market our services and to collect relevant information about our business.

Promotions, Sweepstakes and Competition Information. Any information that you provide to us in connection with any promotions, sweepstakes and/or competitions we run, including for example, responses to competition questions.

Job Applicant Information. Please review the privacy-related information attached to the postings.

Sensitive Personal Information. We will only process Sensitive Personal Information where it is necessary, and where you give consent, for the purposes of providing Welluness Services, carrying out our legal obligations or exercising specific rights as permitted by law. The definition of Sensitive Personal Information depends on jurisdiction and where you are located, but geolocation, race, sexuality, and religion are examples of what may be considered sensitive in some locations.

We ask that you not disclose Sensitive Personal Information to us through or in connection with our Services unless we have explicitly requested such disclosure from you.

Other Information. Any other information that you may provide to us in connection with your use of Welluness products or Services, and / or other contact that you have with the Welluness team.

1.2. Information that we collect automatically

Internet or Other Network Activity.Information including browsing or search history, including interactions with our websites, mobile applications, marketing and advertising. For more information see   “Cookies”

Location Information. If you choose to share your location we may collect location-based information including your IP address, GPS location, city, county, zip code and region.

1.3. Information we collect from other sources

Other Applications. If you access our Services through a third party application, such as the Apple App Store or Google Play App Store (together with any similar applications, "App Stores") or Social Networking Sites ("SNS") such as Instagram, Twitter or Facebook, we may collect information about you from that Third-Party application that you have made public via your privacy settings. This may include: your name, your SNS user ID, your App Store user name, location, sex, birth date, email, profile picture and your contacts on the SNS

Security. Security and Safety: We may collect certain information in order to protect and verify your information and our Services. This may include Device IP, Location, and other identifiers with a third party application to ensure your safety and the security of your account.

Other Sources. We may receive information about you from other sources to supplement information provided by you. The supplemental information allows us to enhance our ability to provide you with information about our business, products and Services and to provide you with any marketing communications that you have provided your consent to receive. Please see “Your Privacy Rights and Preferences” below for how to unsubscribe.

This may include:

  • Marketing such as where we are conducting a joint marketing campaign with a selected partner and you have provided consent for us to receive your information or data resellers whose data may be used for research or marketing purposes.
  • Publicly available sources
  • Partners we work with may, with your consent, collect information from your use of other connected devices, such as those made by other companies, to interact with our Services, such as activity trackers.
  • Financial sources such as credit bureaus and certain generalized credit ratings, with your consent, in order to provide rental or other Services to you.
  1. WHY WE USE PERSONAL INFORMATION

We use your information for the following purposes:

  • To provide you with the Services
  • To build community
  • To communicate with you
  • To send you marketing and/or promotions
  • For analytics, research and product and Service improvement purposes
  • For quality assurance and training purposes
  • For personalisation and advertising
  • For personalisation and analytics
  • To ensure the security and integrity of our Services
  • To comply with any applicable law and/or regulations
  • For hiring purposes
  • For safeguarding and defending our vital interests and exercising any rights, asserting any claims any other lawful business purpose

To provide you with the Services. Welluness uses data to operate, improve, maintain and personalise our Services. We use data to:

  • Verify your identity, set up and maintain your account;
  • Process payments and fulfill product orders;
  • Provide access to class bookings and participation, workout tracking
  • performance and statistics;
  • Communicate and track your workout among other Welluness Members; and
  • Maintain our services and operations.

To build community. Welluness uses Contact information provided by Members to make it easy for Members to connect with people they know and to invite others to the Welluness community.

To communicate with you. Supporting and communicating with you when you require it such as for:

  • Administrative matters (such as account management, updates to terms, or system maintenance);
  • To provide you with information about our Services (such as product delivery and logistics, servicing and technical support); and
  • To respond to any questions, comments or requests you have about our Services.

To send you marketing and/or promotions. Welluness uses data to market its Services, which may include:

  • Contacting you by phone, email, postal mail, push notifications, in-app messages or SMS with information about news, offers, products, promotions, events, contests and/or Services that might be of interest to you, as permitted by applicable law. This may include various usage data to send marketing communications that are personalized. Please see the “Your Privacy Rights and Preferences” section below for how to unsubscribe from marketing.

For analytics, research and product and Service improvement. Welluness works everyday to improve your experience by using data:

  • Including monitoring and measuring your use of our products and Services and conducting research/surveys, to understand how they are being used and how they can be improved;
  • Financial analysis and analytics to understand billing, pricing and other financial matters that can be improved; and
  • In some cases, research may be deidentified, compiled and analyzed on an aggregate basis, we may share this aggregate data with our affiliates, agents, service providers and other third parties with whom we do business. This includes, but is not limited to for example usage, performance, product, and music. This aggregate information does not identify you personally.

For quality assurance and training purposes. Welluness puts members first and we use data to further that value by:

  • Monitoring communications and interactions with you to ensure the quality of our support services, appropriate training of our people and to resolve your complaints. We will provide notice and consent options for monitoring of communications as required by applicable law.

For personalisation and advertising. Welluness uses data for personalisation and advertising that may include:

  • Providing you with a personaliaed and tailored Service, to serve you with Welluness advertising on third party properties;
  • To serve you with relevant advertising and content on our Services;
  • Understanding and assessing the effectiveness of our ads displayed; and
  • We may contract with third-party advertising companies and social media companies to display ads on their service. These companies may use cookies and similar technologies to track your activity, the information collected by these third parties in this manner is subject to that third party’s own privacy policies. We may also use aggregated information from these sources for creating similar audiences in order to better target advertisements on their networks to potential consumers who appear to have shared characteristics. For more information, see our Cookies Policy and Section 7 “Your Privacy Rights and Preferences” below.

For personalisation and analytics.

  • To provide workout recommendations to you based on our inferences about your preferences and practices;
  • To improve our services and product offerings;
  • To understand how you interact with our websites, products, mobile app, advertisements, and communications with you;
  • To determine which of our products or services are the most popular; to improve our products and services, and marketing campaigns;
  • To personalize your experience; to understand how you use our products and services; to create a more personalized experience; to provide services;
  • To better understand our Member needs; and
  • To provide personalized recommendations about our products and services.

You may opt out of a personalized experience by emailing us at [email protected]. See also our Cookies Policy and the “Your Privacy Rights and Preferences” section below for more details on how you can control advertising and personalisation.

To ensure the security and integrity of our Services. Providing a safe and secure environment is key to providing a responsible platform and we do this by using data to:

  • Detect and combat any abuse or any harmful activity, fraud, spam, and illegal activity affecting our Services such as using personal identifiers, user profile, data usage, and other types of data to detect fraud, authentication or other harmful activity;
  • Monitor CCTV images, the prevention & detection of crime and for the health and safety of individuals on Welluness premises.

For hiring purposes. Please review the privacy-related information attached to the posting.

To comply with any applicable law and/or regulations, legal proceedings. We use data to investigate disputes or claims related to our Services. In certain circumstances, we may be obligated to use your information to respond to legal, government or regulatory requests. We may use the IP address associated with your log in to the Services to determine your general location in order to comply with global privacy regulations and serve you necessary notifications and/or consent mechanisms.

For safeguarding and defending our vital interests and exercising any rights, asserting any claims and any other lawful business purpose. This includes any incidental business purpose related to or in connection with any of the above, or for any other purpose disclosed to you at the point at which we collect your personal information.

  1. WHO WE SHARE YOUR PERSONAL INFORMATION WITH

We may disclose your personal information to the following categories of recipients:

Service Providers. Third Party Service Providers and Business Partners: We may share your personal information with our third party service providers (such as those who provide IT, analytics, payment processing, credit bureaus and sales, cloud storage providers, technical support or delivery services), third party business partners who otherwise process personal information for purposes that are described in this Policy (such as advertising and marketing partners, research partners, consultants) or who are otherwise disclosed to you when we collect your personal information (such as financing partners if you select this option during the checkout process). We may disclose aggregated, anonymous information to Service Providers. This information is not linked to personal information that can identify you or another individual person. Amongst other reasons, this information may be disclosed for analytics purposes. Welluness does not share data with any providers and partners without a relevant data protection.

Competent Law Enforcement Bodies, Regulators, Government Agencies, Courts or other Third Parties. We may share your personal information, including CCTV images, with competent law enforcement bodies, regulators, our insurers, external legal advisors, government agencies, courts or other third parties where we believe disclosure is necessary: (i) to comply with applicable law; (ii) to exercise, establish or defend our legal rights (including to collect amounts owed to Welluness); (iii) to protect your rights or vital interests or those or any other person; or (iv) to detect, prevent or otherwise address security, fraud or technical issues.

Potential Buyers (and their agents and advisors). We may share your personal information with actual or potential buyers (and their agents and advisors) in connection with any actual or proposed purchase, merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of company assets or transition of service to another provider, provided that we inform the buyer or transferee that it must use your personal information only for the purposes disclosed in this Privacy Policy.

  1. COOKIES, ANALYTICS AND SIMILAR TRACKING TECHNOLOGIES

We use cookies and similar tracking technologies such as pixel tags/web beacons and social media widgets (collectively "Cookies") to collect and use personal information about you, including for analytics purposes and to serve you interest-based advertising. For example, cookies are used to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS (see also Section 7.2 SMS Messaging). For further information about the types of Cookies we use, why, and how you can control Cookies, please see our Cookies Policy.

We may also use device identifiers, web storage, third-party-provided analytics services, such as session replay services, and other similar technologies and services, to collect information about your interactions with our content and Services. Session replay services consist of an analytics application that allows us to capture and analyze your interaction with our Services to better identify and repair any technical errors and optimize our Services. Such technologies and third-party-provided services may observe or record your activities when using our Services, including certain movements, scrolling, visit duration, clicks, and other interactions. Certain analytics may be removed via our privacy cookie controls.

Please also note that you may opt out and we honor certain technologies broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC) depending on the state you are in. This occurs on the browsers and/or browser extensions that support such a signal. This request will be linked to your browser identifier only.

  1. INTERNATIONAL DATA TRANSFERS

Your personal information may be transferred to, processed and stored in countries other than the country in which you are resident, including the United States, Australia, Canada, the European Union and UK. The recipients of such information may be located in any country where Welluness has a place of business and additional territories where our suppliers and partners may transfer data, details of which can be provided upon request.

We take appropriate safeguards to protect your personal information in accordance with this Privacy Policy specifically in relation to any international transfer. This includes implementing an intra-group data sharing agreement that includes safeguards and protections for any use of your personal information by our group entities and incorporates the European Commission's Standard Contractual Clauses, which require all group companies to protect relevant information in accordance with European Union and UK data protection laws.

We have implemented similar appropriate safeguards and comply with applicable legal requirements when transferring Personal Information to countries such as utilizing Binding Corporate Rules, Standard Contractual Clauses, and other data transfer mechanisms and/or rely on the European Commission adequacy decisions for certain countries outside of the European Economic Area should it be applicable with our third party service providers and partners. Further details can be provided upon request.

  1. YOUR PRIVACY RIGHTS AND PREFERENCES

At Welluness, we put Members first and respect your ability to exercise your privacy rights and choices. Where possible, we give you control over the personal data we collect about you, to ensure it is accurate and reflects your preferences. Depending on the country or U.S. state in which you are located, we respect your ability to know, access, correct, transfer, restrict the processing of, and delete your personal data. Please note that those rights do not always apply and there are certain exceptions to them.

Please also be advised that we continue to maintain some of your personal data where permitted by law, and that such information has not been deleted from Welluness systems. We retain your personal information where it is necessary for us to:

  • Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with laws, provide a good or service that you have requested, or reasonably anticipated within the context of our ongoing business relationship, or otherwise perform a contract between you and Welluness;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • Debug to identify and repair errors that impair existing intended functionality;
  • Comply with a legal obligation, existing warrant, litigation hold.

Please note that if you Delete your account this will result in the deletion of your Welluness account and all associated information.

We will also confirm your identity before acting on your requests. We may not be able to respond to your request or provide you with personal data if we cannot verify your identity, or the authority to make the request on someone else’s behalf.

7.1 Consent

If we have collected and process your personal information with your consent (including any sensitive or special category data), then you can withdraw your consent at any time by using settings on the Welluness product or App (as applicable), via settings on your device or by contacting us using the details provided under How To Contact Us. Please note, such withdrawal will not affect the lawfulness of the processing prior to your withdrawal.

7.2 Direct Marketing

We may send marketing communications for purposes disclosed to you (including as specified in section 2 above) and, where required by applicable law, with your consent. You can unsubscribe from direct marketing at any time by following the instructions below or by contacting us using the details provided under the How To Contact Us. We will process your request within a reasonable time after receipt, in accordance with applicable laws. Unsubscribe options are provided in electronic marketing communications as required by applicable law.

Email and Telephone. You can unsubscribe from email communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us, submit an “Object to Marketing” request via our Privacy Request Form. For other options, review the How To Contact Us section below. We will process your request as soon as practicable after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding Welluness and our Services and, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy).

7.3 "Do Not Track" / Global Privacy Control

Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that, because there has been no agreed industry standard, we do not respond to or honor DNT signals or similar “do not track” mechanisms transmitted by web browsers.

Please note you may opt out, and we honor, certain technologies broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC) depending on the state you reside in. This occurs on the browsers and/or browser extensions that support such a signal. This request will be linked to your browser identifier only.

7.4 Your rights to access and manage personal information

We recognize the importance of your personal information and provide simple ways for you to exercise the following rights: access (right to know), portability, rectification (correction or update), deletion (erasure), object and restrict processing. You can exercise these rights via the following ways:

  • Submit a request via our Privacy Request Form.
  • To request that we not serve you recommendations or personalized content based on inferences (described above in section 2 (For Personalization and Advertising) please email us: [email protected].
  • Contact us if you have any questions - please the “Contact Us” page.
  1. DATA RETENTION

Welluness retains the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws. CCTV images are retained for 14 days in Germany and 30 days elsewhere. When we are no longer required to retain the personal information as described above, we will destroy, erase, or de-identify it.

Legal requirements, however, may require us to retain some or all of the personal information we hold for a period of time that is longer than that for which we might otherwise hold it.

  1. SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We maintain commercially reasonable administrative, technical and physical safeguards (which vary depending on the sensitivity of the personal information) designed to protect against unauthorized use, disclosure or access of personal information.

  1. LEGAL BASIS FOR PROCESSING

Our legal basis for collecting and using the personal information described above will depend on the personal information concerned, applicable laws and the specific context in which we collect it.

However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you (such as to provide our Services), (ii) where the processing is in our legitimate interests and not overridden by your rights, or (iii) where we have your consent to do so. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with 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).

If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our Services, to communicate with you as necessary to provide our Services to you, and for our legitimate commercial interests such as responding to your queries, improving our products and Services, undertaking marketing, or detecting and preventing illegal activities. We may have other legitimate interests and we will make clear to you at the relevant time what those legitimate interests are. If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, you can contact us using the details provided under the How To Contact Us section below.

  1. CHILDREN’S PRIVACY

Welluness Services are not directed to, or intended for, children. We do not knowingly collect personal information directly from children who do not meet the minimum age requirement applicable in your jurisdiction, and if you do not meet the age requirements as specified in our Terms of Service.

If we become aware that we have collected personal data from a child under the minimum age, we promptly delete the personal data.

  1. UPDATES TO OUR PRIVACY POLICY

We may update our Privacy Policy from time to time. When we do, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws. You can see when this Privacy Policy was last updated by checking the "last updated" date displayed at the top of this notice.