Last Updated: September 2022
PLEASE BE AWARE THAT CYBEX AND ALL ASSOCIATED SERVICES AND SYSTEMS ARE HOUSED ON SERVERS IN THE EUROPEAN UNION. IF YOU ARE LOCATED OUTSIDE OF THE EUROPEAN UNION, INFORMATION WE COLLECT (INCLUDING COOKIES) ARE PROCESSED AND STORED IN THE EUROPEAN UNION, WHICH MAY NOT OFFER THE SAME LEVEL OF PRIVACY PROTECTION AS THE COUNTRY WHERE YOU RESIDE OR ARE A CITIZEN. BY USING THE SERVICES AND PROVIDING INFORMATION TO US, YOU CONSENT TO THE TRANSFER TO AND PROCESSING OF THE INFORMATION IN THE EUROPEAN UNION.
Table of Contents
- 1. Scope
- 2. Information We Collect
- 3. How We Collect Information
- 4. Cookies & Similar Technologies
- 5. How We Process Personal Information
- 6. How We Disclose Information
- 7. Minor's Privacy
- 8. Security Of Personal Information
- 9. Data Retention
- 10. Accessing and Updating Your Personal Information
- 11. The European and United Kingdom (”UK”) Data Protection
- 12. California Residents
- 14. How To Contact Us
“Personal Information” is information that directly or indirectly identifies you. Below are some examples of the Personal Information we may collect through the Services:
- Identifiers. Such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.
- Customer Records. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as name, telephone number, credit card number, and debit card number.
- Protected Classification Characteristics. Such as age (40 years or older).
- Commercial information. Such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Internet or other similar network activity. Such as browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
- Geolocation data. Such as physical location or movements.
- Inferences drawn from other personal information. Such as profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We collect information as follows.
a) When you register for the Services: When you register for the Services, we collect your username, email address, and password.
b) When you use the Services: We may ask for contact information such as your name, address, telephone number, email address, contact preferences, and information related to our products and Services. We collect this information so we may: keep you informed about CYBEX, respond to your inquiries, and provide you with information about our products and Services.
c) When you make a purchase or payment to CYBEX: If you make a payment to CYBEX, we will ask for payment information and other information requested for processing your payment.
d) Through Server Logs: A server log is a list of the activities that a server performs. CYBEX’s servers automatically collect and store in server logs your search queries, Internet Protocol (IP) address, browser type, browser language, the date and time of your request and referral URL and certain cookies that identify your browser or CYBEX account.
e) From Your Computer, Tablet or Mobile Telephone: We collect information about your computer, tablet or mobile telephone (“Device”), such as model, operating system version, mobile network information, telephone number, internet service provider and similar identifiers. CYBEX may associate your Device information with your CYBEX account. We may collect and store information (including Personal Information) on your Device through browser web and web application data caches. We may collect information from sensors that provide CYBEX with information on nearby devices, Bluetooth address, Wi-Fi access points and information made available by you or others that indicates the current or prior location of the user. We also may collect IP address and MAC address. How we collect this data depends on how you access the Services. Certain Services may collect this data even when you are not actively using the Services.
While this information on its own may not constitute Personal Information, we may combine the information we collect via Cookies with Personal Information we have collected from you to learn more about how you use the Services to improve them.
Types of Cookies
We use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your device until you delete them). To make it easier for you to understand why we need them, the Cookies we use on the Services can be grouped into the following categories:
- Strictly Necessary: These Cookies are necessary for the Services to work properly. They include any essential authentication and authorization cookies for the Services.
- Functionality: These Cookies enable technical performance and allow us to “remember” the choices you make while browsing the Services, including any preferences you set. They also include sign-in and authentication cookies and IDs that enable you to return without additional sign-in.
- Performance/Analytics: These Cookies allow us to collect certain information about how you navigate the Services or utilize the Products running on your device. They help us understand which areas you use and what we can do to improve them.
- Marketing and Customer Support: These Cookies are used to deliver relevant information related to the Services to an identified machine or other device (not a named or otherwise identifiable person) which has previously been used to visit the Services. Some of these types of Cookies on the Services are operated by third parties with our permission and are used to identify advertising sources that are effectively driving customers to the Services.
Cookies Set by Third Party Sites
To enhance our content and to deliver a better online experience for our users, we sometimes embed images and videos from other websites on the Services. We currently use and may in future use, content from websites such as Facebook, LinkedIn and Twitter. You may be presented with Cookies from these third-party websites. Please note that we do not control these Cookies. The privacy practices of these third parties will be governed by the third parties’ own privacy statements or policies. We are not responsible for the security or privacy of any information collected by these third parties, using cookies or other means. You should consult and review the relevant third-party privacy statement or policy for information on how these cookies are used and how you can control them.
Other Similar Technologies
CYBEX web pages may use other technologies such as web beacons to help deliver cookies on the Services and count users who have visited those websites. We also may include web beacons in our promotional email messages or newsletters to determine whether you open and act on them as well as for statistical purposes.
In addition to standard cookies and web beacons, the Services can also use other similar technologies to store and read data files on your computer. This is typically done to maintain your preferences or to improve speed and performance by storing certain files locally.
How to Control and Delete Cookies
Cookies can be controlled, blocked or restricted through your web browser settings. Information on how to do this can be found within the Help section of your browser. All Cookies are browser specific. Therefore, if you use multiple browsers or devices to access websites, you will need to manage your cookie preferences across these environments.
If you are using a mobile device to access the Services, you will need to refer to your instruction manual or other help/settings resource to find out how you can control cookies on your device.
Please note: If you restrict, disable or block any or all Cookies from your web browser or mobile or other device, the Services may not operate properly, and you may not have access to the Services available through the Services. CYBEX shall not be liable for any impossibility to use the Services or degraded functioning thereof, where such are caused by your settings and choices regarding cookies.
To learn more about cookies and web beacons, visit www.allaboutcookies.org.
Do Not Track: Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have his or her online activity and behavior tracked. If a website that responds to a particular DNT signal receives the DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, many website operators, including CYBEX, do not respond to DNT signals.
We will only use, sell, or disclose your Personal Information when the law allows us to. Most commonly, we will use your Personal Information in the following circumstances:
- Where we need to perform the contract, we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party), and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
- With your consent.
We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Information for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so. Please note, we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
CYBEX uses information collected for the following purposes based on our legitimate interests:
- To communicate with you;
- To administer and protect our business and the Services including troubleshooting, data analysis, security, testing, system maintenance, support, reporting, technical functionality, hosting of data, and in the context of a business reorganization or group restructuring exercise;
- To prevent and investigate fraud and other misuses of the Services;
- To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you;
- To use data analytics to improve our website, products/Services, marketing, client relationships and experiences;
- To provide marketing related information, promotions, or club membership related benefits and updates; or
- To make suggestions and recommendations to you about products or Services that may be of interest to you.
We also use your Personal Information when necessary for the performance of a contract in the following contexts:
- To process your payments, orders, and transactions including:
-Delivering products to you;
-Managing payments, fees and charges; and
-Collecting and recovering money owed to us
- To set up and maintain your account with us;
- To manage our relationship with you which will include:
-Asking you to leave a review or take a survey; and
-Responding to your questions and inquiries
We may also use your Personal Information when necessary to comply with legal obligations.
You can generally opt-out of receiving personalized ads from third-party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising (DAA) by visiting the opt-out pages on the NAI website (http://optout.networkadvertising.org) and DAA website (http://www.aboutads.info/choices/).
If you do not wish to participate in third-party Retargeting or Remarketing, you can find out more information about how to opt-out by visiting the links below:
Google Ads: https://www.google.com/settings/ads/onweb/
Microsoft (Bing Ads): https://account.microsoft.com/privacy/ad-settings/signedout
CYBEX may aggregate information collected though the Services and remove identifiers so that the information no longer identifies or can be used to identify an individual (“Anonymized Information”). CYBEX discloses Anonymized Information with third parties and does not limit third parties' use of the Anonymized Information because it is no longer Personal Information.
Applicable law may require CYBEX to disclose your Personal Information if: (i) reasonably necessary to comply with legal process (such as a court order, subpoena or search warrant) or other legal requirements; (ii) disclosure would mitigate CYBEX’s liability in an actual or threatened lawsuit; (iii) necessary to protect legal rights of CYBEX, users, customers, business partners or other interested parties; or (iv) necessary for the prevention or detection of crime (subject in each case to applicable law).
The Services are not directed to or intended for use by individuals under the legal age of majority in the individual’s country of residence (“minors”). Consistent with the requirements of applicable law, if we learn that we have received any information directly from a minor without his or her parent’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the minor that he or she cannot use the Services and subsequently will delete that information.
CYBEX takes precautions intended to help protect information we process, but no system or electronic data transmission is completely secure. Any transmission of your Personal Information is at your own risk and we expect that you will use appropriate security measures to protect your Personal Information.
You are responsible for maintaining the security of your account credentials for the Services. CYBEX will treat access to the Services through your account credentials as authorized by you. Unauthorized access to password-protected or secure areas is prohibited and may lead to criminal prosecution. We may suspend your use of all or part of the Services without notice if we suspect or detect any breach of security. If you believe that information you provided to us is no longer secure, please notify us immediately using the contact information provided below.
If we become aware of a breach that affects the security of your Personal Information, we will provide you with notice as required by applicable law. To the extent permitted by applicable law, CYBEX will provide any such notice that CYBEX must provide to you under applicable law at your account’s email address. By using the Services, you agree to accept notice electronically.
All payments received via credit card are processed securely by Adyen, using measures that comply with the Payment Card Industry Data Security Standard ("PCI DSS").
We retain Personal Information in identifiable form only for as long as necessary to fulfill the purposes for which the Personal Information was provided to CYBEX or, if longer, to comply with legal obligations, to resolve disputes, to enforce agreements and similar essential purposes. To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.
You may request access to your personal information or correct an error or omission in your personal information by contacting us at email@example.com or write us at: Columbus Trading-Partners USA Inc. located at 120 Royal Street, Suite 101, Canton, MA 02021. We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical. Residents of the EEA and California may have additional rights concerning the access and updating of their Personal Information (see Sections 12 and 13 below).
Use of Personal Information
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. In the preceding twelve (12) months, we have disclosed we categories of third parties indicated in the chart below.
We may also disclose your personal information by selling it to third parties, subject to your right to opt-out of those sales. Our personal information sales do not include information about individuals we know are under age 16. In the preceding twelve (12) months, Cybex has sold the following categories of personal information to the categories of third parties indicated in the chart below. For more on your personal information sale rights, see Personal Information Sales Opt-Out and Opt-In Rights below.
|Personal Information Category||Business Purpose Disclosures||Sales|
Payment processing, marketing, delivery services, customer relationship management, web hosting, or data storage
|California Customer Records personal information categories||Payment processing, marketing, delivery services, customer relationship management, web hosting, or data storage||None|
|Protected Classification Characteristics||Marketing, customer relationship management, or data storage||None|
|Commercial information||Payment processing, marketing, delivery services, customer relationship management, web hosting, or data storage||Remarketing, retargeting, and advertising providers|
|Internet or other similar network activity||Marketing, customer relationship management, web hosting, or data storage||Remarketing, retargeting, and advertising providers|
|Geolocation data||Marketing, delivery services, customer relationship management, web hosting, or data storage||Remarketing, retargeting, and advertising providers|
|Inferences drawn from other personal information||Marketing, customer relationship management, web hosting, or data storage||Remarketing, retargeting, and advertising providers|
Your Rights and Choices
The California Consumer Privacy Act (“CCPA”) provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Right to Access Specific Information and Data Portability Right
You have the right to request we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you;
- The categories of sources for the personal information we collected about you;
- Our business or commercial purpose for collecting or selling that personal information;
- The categories of third parties with whom we disclose that personal information;
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we disclosed your personal information for a business purpose, the business purpose for which personal information was disclosed, and the personal information categories that each category of recipient obtained.
Right to Delete
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
Right to Correction
You have the right to request that we collect any of your personal information, subject to certain exceptions. Once we confirm your verifiable consumer request and validate that the requested change is accurate, we will correct (and direct our service providers to correct) your personal information from our records, unless an exception applies. In some cases, we may elect to delete your information rather than correcting it.
Exercising Your Rights
To exercise the access, data portability and deletion rights described above, please complete and email us a copy of this Verifiable Consumer Request Form to firstname.lastname@example.org. The information necessary to process your request includes your name, address, telephone number, email address, and proof of residency. You will also be asked to provide details regarding the personal information you are requesting access to or have deleted from our systems, including without limitation, time frames, dates, names, types of documents, file numbers, or any other information to help us locate your personal information. Additional information may be requested.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make such a request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response electronically. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
California Shine the Light Law: California Civil Code Section 1798.83 permits users who are California residents to obtain from us once a year, free of charge, a list of third parties to whom we have disclosed personal information (if any) for direct marketing purposes in the preceding calendar year. If you are a California resident and you wish to make such a request, please send an e-mail with “California Privacy Rights” in the subject line to email@example.com or write us at: Columbus Trading-Partners USA Inc. located at 120 Royal Street, Suite 101, Canton, MA 02021.
California Minors: If you are a California resident who is under the age of 18 and you are unable to remove publicly-available content that you have submitted to us, you may request removal by contacting us at: firstname.lastname@example.org When requesting removal, you must be specific about the information you want removed and provide us with specific information, such as the URL for each page where the information was entered, so that we can find it. We are not required to remove any content or information that: (1) federal or state law requires us or a third party to maintain; (2) was not posted by you; (3) is anonymized so that you cannot be identified; (4) you don’t follow our instructions for removing or requesting removal; or (5) you received compensation or other consideration for providing the content or information. Removal of your content or information from the Service does not ensure complete or comprehensive removal of that content or information from our systems or the systems of our service providers. We are not required to delete the content or information posted by you; our obligations under California law are satisfied so long as we anonymize the content or information or render it invisible to other users and the public.
Personal Information Sales Opt-Out and Opt-In Rights
If you are age 16 or older, you have the right to direct us to not sell or share your personal information at any time (the "right to opt-out"). We do not sell or share the personal information of consumers we actually know are less than 16 years old, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 15 years old, or the parent or guardian of a consumer less than 13 years old. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link: Do Not Sell My Personal Information
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by clicking here.
We will not discriminate against you for exercising any of your CCPA rights.
Notice of Financial Incentive
We offer a loyalty program—the CYBEX Club Membership Program (“Cybex Club”)—in which members may earn points by making purchases in our store (or by certain promotions). Those points are redeemable for various perks such as discounts and free shipping. You can learn more about the Cybex Club by reviewing the terms and conditions. Joining the club is voluntary. To join, please visit our website. During the signup process, and while you are a member, we may collect and use certain types of personal information—such as your name, contact information, purchase history, and use of rewards—that helps us administer the program. We may also use this information as otherwise permitted by this policy.
If you no longer wish to participate in the Cybex Club, you can opt out at any time. To do so, please send your request, including your name and email address to email@example.com or 120 Royal Street, Suite 101, Canton, MA 02021.
The CYBEX Club may constitute a “financial incentive” program under California law. To the extent that it is, the value each Cybex Club member receives can vary substantially by individual, and depends on a number of variables such as (without limitation) (a) the extent to which members make qualifying purchases, (b) the extent to which members take advantage of the various offers, and (c) whether members are regular or occasional customers. Overall, we believe the value members receive from the Cybex Club is reasonably related to the value of personal information we collect through the program, and our good-faith estimate of the value of the participants’ personal information is equal to the value of the benefits—minus the expenses—that we provide due to your membership.
If you have any questions, comments, or concerns about how we handle your Personal Information, you may contact us at firstname.lastname@example.org or write to us at: Columbus Trading-Partners USA Inc. located at 120 Royal Street, Suite 101, Canton, MA 02021