PRIVACY POLICY

Ergatta Privacy Policy

Last Updated: August 2nd, 2022

1. INTRODUCTION

Ergatta, Inc.(“Ergatta,” “we,” “us” or “our”) respect your privacy and are committed to protecting it. This privacy policy (“Privacy Policy”) describes how your personal information is collected, stored and used by Ergatta when you use the Ergatta website https://ergatta.com/ (“Website”), mobile application (“mobile app”), Ergatta products or otherwise interact with us -  please read this Privacy Policy carefully to understand our policies and practices regarding your personal information and how we will treat it. “Personal Information” here means any information that we process about you that can be used to directly or indirectly identify you – for example, your name, email address, payment details or username. We are the controller of your Personal Information described in this Privacy Policy (this simply means we are responsible for your Personal Information). 

2. CHILDREN UNDER THE AGE 14
Our Website is not intended for children under 14 years of age. No one under age 14 may provide any information to us on the Website, mobile app or any Ergatta product. We do not knowingly collect Personal Information from children under 14. If you are under 14, do not use or provide any information on this Website, our mobile app or any Ergatta product. If we learn we have collected or received Personal Information from a child under 14 without parental consent, we will delete that information. If you believe we might have any information from or about a child under 14, please contact us at: privacy@ergatta.com

3. PERSONAL INFORMATION WE COLLECT

We collect Personal Information about you, either directly from you, from a third-party source or by automated means (when you use our Website for example). Please note that if you choose not to provide Personal Information requested by us, or refuse our use of your Personal Information, we may not be able to provide you with the services you have requested where this Personal Information is necessary or these services may be delayed.

Information you give us

Purchases/Orders. You give us Personal Information about you when you place an order on our Website or any of our online stores. This is generally information including the contents of your shopping cart, your name, email address, telephone number, shipping address, billing address, delivery preferences and payment details (e.g. credit/debit card/PayPal/Klarna)

Ergatta Rower User Profile. You give us Personal Information when you create a user profile on an Ergatta Rower. This is generally information including your name, email address, username, password, physical profile (height, weight, birthday and Gender) and general fitness level. 

Ergatta Membership. You give us Personal Information about you when you sign up for an Ergatta membership (on your Ergatta Rower or otherwise). This is generally information including your associated membership billing user profile, selected membership plan, billing details and payment information.

Ergatta Mobile App. You give us Personal Information about you when you download and use the Ergatta mobile app. This is generally information including your Ergatta Rower user profile log in details, your user profile and your user profile associated workout history, performance, statistics and rankings.

Marketing Communications and Updates. You give us Personal Information about you when you subscribe to receive marketing communications and updates from us or we are otherwise legally allowed to send you such marketing communications as a result of our commercial relationship with you. Please note that this includes showing you our adverts on our partner social media platforms (Google and Facebook) through audience targeting technology. This is generally information including your name, email address, phone number and your marketing preferences (i.e. the updates you want to receive). You can opt-out of receiving these communications at any time by selecting the unsubscribe link in any email we send you, or by contacting us.  

Surveys. You give us Personal Information about you when you participate in and complete any of our surveys. This is generally information including your name, contact information, and survey responses.

Reviews and Testimonials. You give us Personal Information about you when you write a review/testimonial about us or any of our products. This is generally information including your name, email address, rating, content of your review/testimonial and any images or videos you provide with your review/testimonial.

Suppliers/Partners and Representatives. You give us Personal Information about you when you enter into a supplier/partnership agreement or relationship with us or are a representative of a supplier/partner. This is generally information including your name, email, phone number, job role, affiliated company and our communications with you.

Appointment With Sales Team. You give us Personal Information about you when you request an appointment (on our Website or otherwise) to speak with any of our sales team about or products or for a live demo. This is generally information including your name, email address, telephone number, the date/time of your appointment, appointment preferences (e.g. Zoom or phone call) and any pre-appointment notes you provide to us.

Contacting Us. You give us Personal Information about you when you contact us or otherwise interact with us, including via the chat function and contact us web forms on our Website, phone, email, post or social media. This is generally information including your name, contact preference (email/phone number), your Ergatta Rower serial number/Ergatta product purchase order number (where applicable) and what you have contacted us about.

Information we collect from a third party

Refer a Friend. We collect Personal Information about you when a friend of yours uses our refer a friend feature to send you an email about us and our products. This is generally information including your email address and the name and contact details of the friend who has referred you. 

Purchases from our Partners. We collect Personal Information about you when you purchase an Ergatta Rower or other Ergatta products from any of our sales partners. This is generally sales information including your name, address and date of purchase. 

Information we collect through automated means

Visiting our Website. We collect Personal Information about you automatically when you visit and interact with our Website. Our servers keep an activity log unique to you that collects certain administrative and traffic information including your device details, device location, source IP address, time of access, date of access, web page(s) visited, language use, software crash reports and type of browser used.

Using our Mobile App. We collect Personal Information about you automatically when you download and use the Ergatta mobile app. This is generally information including your use of the mobile app, duration of use and mobile app features you interact with.

Cookies (and Similar Technologies). We collect Personal Information about you by automated means when you visit and use any of our websites or mobile apps through cookies and similar technologies (e.g. web beacons, pixel tags, etc.) placed on your device. Cookies and similar technologies are simple pieces of computer code which are designed to collect information from the device you use to access our website. The information collected may include a user ID assigned to you, your IP address, the content you have interacted with, duration of each visit and error messages you encounter. Please see our Cookie Policy here for more information on what cookies (and other similar technologies) are and how we use them.

Social Media Audience Advertising. We use social media pixels which are similar technology to cookies and collect Personal Information about you from your device when you access our website or mobile app. This is generally information on the fact that you have visited our website (including particular actions you have taken) and that you have an account on our partner social media platforms (Google and Facebook). 

4. HOW WE USE YOUR PERSONAL INFORMATION

We have set out below details of our purposes for using your Personal Information. Please note that under the laws of certain countries, including the United Kingdom (UK) and countries in the European Economic Area (“EEA”), we can only use your Personal Information where we have a lawful reason or justification (also called a “lawful basis”) and this can be either “to carry out a contract with you or to take steps on your instruction prior to entering a contract with you”; “where we have a legal obligation”; where you have given us your consent”; or “where it is necessary for our legitimate interests” (this means that we have commercial interests in using your Personal Information that is not unfair to you) – we have included each lawful basis as a subheading below for information if you are located in the UK or EEA. Please disregard these subheadings if you are not located in the EEA or UK - they will not affect how we use your Personal Information.

In particular, we use the Personal Information we collect:

Performance of Contract

To complete and fulfil your purchases on our Website and online stores (including processing your payments, sending you an order confirmation, sending you updates on your order, having your order delivered to you and related customer service).

To complete and fulfil your subscription for an Ergatta membership (including taking payment for the subscription, sending you a confirmation message so you know your subscription is confirmed, sending you updates on your subscription, providing you with access to content your subscription covers and related customer service).

Legal Obligation

To comply with any relevant consumer laws in relation to purchases you make, including regarding giving you certain information and issuing replacements, credits or refunds (if applicable).

To comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities, and audit our internal processes for compliance with legal requirements. Our processes for complying with our legal obligations may apply to any of the above Personal Information we collect about you.

Legitimate Interests

To register and maintain your store account on our Website (including providing you with related user support to help you resolve any issues you have with your account).

To register and maintain your Ergatta Rower user profile (including providing you with related support to help you resolve any issues you have with your user profile) and providing you with the features and content available to an Ergatta Rower user profile.

To provide you with access to the Ergatta mobile app and its features where you have an Ergatta Rower user profile.

To analyze details of your Ergatta Rower user profile activity, rank your performance among other user profiles and to display your user profile details and activity statistics on the Ergatta Rower ranking table (including your username, details of your age, weight group, gender, best split, average split and time).

To send you important information you need to know relating to how our website, mobile app and products (including subscription and payment reminders, and information on changes to our terms, conditions and policies).

To publish your reviews and testimonials on our website and/or marketing materials without revealing identifying information about you.

To contact you and to manage our relationship with you and/or your company where you are a supplier/partner or the representative of a supplier/partner with whom we have a business relationship.

To respond to your inquiries and fulfil your requests, for example, when you send us questions, suggestions, compliments or complaints, when you request information about our products or when you request a live demo. We may also take this information into account when improving our Website, mobile app, products and services.

To facilitate email referrals to your friends on our website and the rewards for referrals.

To make sure you are able to use our Website/mobile app, to monitor how our Website/mobile app are being used, to help us discover and fix any problems with our Website/mobile app and to determine what country you are in when you use our Website/Mobile app.

Through cookies that are strictly necessary, to ensure you are able to use our Website/mobile app, our services work as intended on your device, we are able to provide the content or perform the actions you request while using our services, to ensure security of our Website and to record your cookie consent preferences.

To carry out fraud and security monitoring within our business (e.g. to detect and prevent cyberattacks or attempts to commit identity theft). Our fraud and security monitoring processes may apply to any of the above Personal Information we collect about you.

To operate our business efficiently. Our processes for ensuring the proper day to day running of our business may apply to any of the above Personal Information we collect about you.

To effectively defend or bring claims to protect our legal rights and interests, to respond to investigations from regulators or law enforcement, and to audit our internal processes for compliance with legal and contractual requirements. Our processes for protecting our rights under the law may apply to any of the above Personal Information we collect about you.

Consent

To send you marketing communications and updates where you have provided your consent to receive these communications. We will only do this in line with your marketing preferences.

To register you for our surveys, to send you our surveys and to analyze the responses you have provided to our survey questions. 

To publish your reviews on our website and/or marketing materials along with your name or other identifying information about you.

Through cookies that are not strictly necessary:

To carry out web analytics on our Website and mobile app (e.g. to monitor the number of your visits and the actions you take for analytical purposes).

To enhance the operation of our website and mobile app, improve our marketing and promotional efforts, statistically analyse site use, improve our product and service offerings, and customize our Website and mobile app content, layout, and services.

 To send you custom adverts on your social media platforms through social media audience advertising using your email address and our social media pixels. In particular:

To enable our social media partners (Google and Facebook) match your email address (where we provide this to them) or the information collected from our social media pixels with your user account on their platform (if you have one) to include you in a list of individuals to whom we can send our adverts on the relevant social media platform using audience targeting technology (we call this a “Custom Audience List”). 

To create a separate list of social media users on our partner social media platforms (Google and Facebook) with similar characteristics as those included in our Custom Audience Lists described above, and to send them our adverts on the relevant social media platform using audience targeting technology (we call this a “Lookalike Audience List”). Please note that these Custom Audience Lists or Lookalike Audience Lists are created and stored only on the relevant social media platforms. Although we can send social media adverts to individuals on this list, we can’t tell if you have been included in these lists and do not have access to the social media profiles or any of the information on the social media accounts of individuals included in these lists. This information remains under the control and protection of the relevant social media platform.

5.  HOW WE SHARE YOUR PERSONAL INFORMATION

We share your Personal Information for the following purposes:

We share your Personal Information with trusted third parties who perform functions on our behalf such as service providers (including IT services and systems providers, payment services providers, website providers, cloud providers, email distribution and direct marketing providers and contractors), business consultants, and professional advisors (including lawyers, tax advisors, auditors and accountants). These third parties comply with similar and equally stringent undertakings of privacy and confidentiality.

Where you choose to pay for any Ergatta product in installments through shopping service providers we partner with (e.g. Klarna), we will share your Personal Information with these providers for this purpose.

Where you choose to use interactive features of the Ergatta Rower, your Personal Information will be shared in accordance with the requirements of these interactive features (e.g. where you participate in races or challenges with other Ergatta Rower users or are featured on the Ergatta Rower ranking tables).

Where you choose to integrate your user profile with other fitness or health apps (e.g. Strava or Apple Health) we will share your Personal Information with these parties for this purpose.

We share your Personal Information (email address and information collected from our social media pixels) with our social media partners (Google and Facebook) for the purposes of social media audience advertising as described above. 

We may share your Personal Information with our affiliates, meaning an entity that controls, is controlled by, or is under common control with Ergatta. Our affiliates will use the Personal Information we share in a manner consistent with this Privacy Policy.

We share your Personal Information if we are under a duty to do so, in order to comply with (or where we reasonably believe we are under a duty to comply with) any legal obligation; or in order to enforce any agreement we have in place with you (including for billing and collection purposes); or to protect the rights, property, safety, or security of Ergatta, third parties, users of our services or the public. 

As we continue to develop our business, in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our business to a buyer or other successor, your Personal Information may be disclosed to such party, including as part of any due diligence process. 

We share your Personal Information where you give us express permission to do so in the course of your relationship with us from time to time.

Where you choose to write testimonials, reviews, and comments through our website, social media services or otherwise. Such content is publicly available, though we reserve the right to not publish any content submitted or modify content to meet our editorial standards. When we publish this content, we may identify our users by their first name, last initial and locality. Any data that you submit in these testimonials reviews and comments may be read, collected, or used by other individuals. We are not responsible for any Personal Information you choose to submit in reviews, testimonials, comments or feedback, or third parties’ use of such information.

CALIFORNIA PRIVACY RIGHTS

The California Consumer Privacy Act (“CCPA”) requires that we provide additional information regarding our collection, use, and disclosure of California residents’ “personal information,” as defined in the CCPA. 

Information That We Collect, Use, and Disclose for Business Purposes

In the past twelve months, we have collected personal information in the following categories enumerated in the CCPA:

Identifiers, including name, email address, mailing address, shipping address, phone number, username, physical characteristics, birthday, location, images of you, and IP address;

Personal information categories listed in the California Customer Records statute, including name, physical characteristics or description, address, phone number, education, employment, and financial information;

Protected characteristics under California or federal law, including age, race, gender, and sexual orientation;

Commercial information, including purchase history, use history, your followers, and who you are following;

Biometric information, including physiological, behavioral, and biological characteristics;

Internet or other similar network activity, including information regarding a consumer’s interaction with the Website or App;

Geolocation data, including IP address, GPS location, and your smart device’s proximity to Bluetooth networks and/or other proximity systems;

Sensory data, including your visual image, likeness, and voice recordings; 

Professional or employment information, including job title and company name; and

Inferences drawn from other personal information, including profiles reflecting a consumer’s preferences.

We collect your personal information from the categories of sources described in the section of this Privacy Policy entitled Information We Collect About You and How We Collect It. For information about the business purposes for which we may collect and disclose your personal information and the categories of third parties to whom your personal information may be disclosed, please see the How We Use Your Information and Disclosure of Your Information sections of this Privacy Policy, respectively. 

Your California Privacy Rights

Under the CCPA, California residents have certain additional rights regarding their personal information, subject to verification and any applicable exceptions, including:

Right to Know/Access.  You may request that we provide the categories of personal information we have collected or disclosed about you in the preceding 12 months and the sources of such information; the business or commercial purpose for collecting or sharing your personal information; and the categories of third parties to whom your personal information was disclosed for a business purpose or sold. You may also request access to specific pieces of personal information that we have collected about you.

Right to Delete. You have the right to request that we delete the personal information we have collected about you.

Right to Opt-Out. Ergatta does not generally sell your information as the term “sell” is traditionally understood. However, to the extent that Ergatta’s activities would be considered a “sale” under the CCPA (such as by our use of certain advertising technologies) we will comply with all applicable laws, including your right to opt-out of the sale of your personal information to a third party. 

Right to Non-Discrimination. Ergatta will not discriminate against any consumer for exercising their data protection rights under the California Consumer Privacy Act. 

Exercising Your Rights

To exercise your data privacy rights described in this section, please submit a request by: 

Submit a request by sending an email to privacy@ergatta.com

Submit a request by sending a letter to the address below

Ergatta, Inc.
40 West 25th Street, 9th Floor
New York, NY 10010
Attn: Legal Department

All requests must be made by you or someone legally authorized to act on your behalf. We must be able to verify your identity and confirm that the personal information relates to you in order to respond to your request and/or provide you with personal information.

 

“Shine the Light” Law

California Civil Code Section § 1798.83 permits customers who are California residents to obtain from us, once a calendar year, certain information regarding our disclosure (if any) of personal information to third parties for such third parties’ own direct marketing purposes in the immediately preceding calendar year. We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.

6. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

Ergatta is based in the United States (US) and we use service providers in the US, which means Personal Information you provide to us will be processed and stored in the US. Please note that the US may have data protection laws less stringent than or otherwise different from the laws in effect in your country. 

If you are located in the United Kingdom (UK) or European Economic Area (EEA), and we share your Personal Information to parties in the US or any other countries not recognized as adequate for the transfer of your Personal Information, to the extent a safeguard is required under law for such transfers of your Personal Information, we have put in place the UK government approved international data transfer agreement/addendum (for UK transfers) and Standard Contractual Clauses approved by the EU Commission (for EEA transfers). Please contact us for further details on the safeguards in place and how to obtain a copy.  

7. RETENTION OF YOUR PERSONAL INFORMATION

We generally retain your Personal Information only for as long as necessary to fulfil the purposes outlined in this Privacy Policy. This will generally be for the duration of time you interact with us, however, there may be situations where we retain your Personal Information for a longer or shorter period. When determining the relevant retention periods for your Personal Information, we take into account the following factors: (a) any permissions you give us with regards to your Personal Information; (b) our contractual obligations and rights in relation to the Personal Information involved; (c) our legal obligation(s) under relevant laws to retain data for a certain period of time; (d) our legitimate business and commercial interests; (e) whether retention is advisable in light of our legal position (such as with regard to applicable statute of limitations, investigations, litigation, and other potential and actual disputes); and (f) any guidelines issued by relevant data protection authorities.

8. DATA SECURITY
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website and mobile app, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

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 our Website, mobile app or other services. 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 our services.

9. RIGHTS OF UK AND EEA RESIDENTS

If you are a UK or EEA resident, under data protection laws (and in certain circumstances), you have specific rights concerning your Personal Information and can exercise any of these rights by contacting us.

You have the right to object to us processing your Personal Information where we rely on “legitimate interest” (see the “How We Use Your Personal Information” section above) as a lawful basis for processing your Personal Information or where we are processing your Personal Information for any direct marketing purposes (e.g. to send you newsletters or marketing updates).

You also have the right to:

Request access to your Personal Information (commonly known as a “data subject access request”) and receive a copy of it, along with supplemental transparency information similar to what is provided in this notice.

Request correction of the Personal Information that we hold about you if it is incomplete or inaccurate.

Request erasure of your Personal Information where there is no good reason for us continuing to process it or where you have successfully exercised your right to object to our processing of your Personal Information.

Request the restriction of processing of your Personal Information, for example, if you want us to establish its accuracy or the reason for processing it.

Request portability of your Personal Information. If required to do so, we will provide you or another party with any Personal Information we have obtained from you, in a structured, machine readable and reusable format.

Withdraw consent to the processing of your Personal Information at any time where we rely on your consent as a lawful basis for processing your Personal Information. This won’t affect anything we have used your Personal Information for before you withdraw your consent.

Not be subject to decisions based solely on automated processing (including profiling) which have a legal effect on you or a similarly significant effect on you. This is relevant where we decide to use automated systems to process your Personal Information with no real human involvement. 

Lodge a complaint about the way we handle or process your Personal Information with a data protection regulator. In the UK, this is the Information Commissioners Office (ICO) Address: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF. Phone number: 0303 123 1113. Website: https://ico.org.uk/make-a-complaint/. You can find the relevant EEA data protection regulator names and contact details under https://edpb.europa.eu/about-edpb/about-edpb/members_en.

10. CHANGES TO OUR PRIVACY POLICY

We may periodically make changes to this Privacy Policy. We will notify you of any significant changes where we have a relationship with you and otherwise post updated versions here. We recommend that you revisit this Privacy Policy regularly.

11. CONTACT INFORMATION

If you wish to exercise any data subject rights or have any questions about this Privacy Policy or our privacy practices, please contact us at: privacy@ergatta.com  

Ergatta, Inc.
40 West 25th Street, 9th Floor
New York, NY 10010
Attn: Legal Department

Since we are not currently located in Europe, the law requires us to have a data protection representative in place who you can also contact at any time. Please see details of our representative below:

UK Representative. Ben Duggan, WaterRower (UK) Ltd, 19 Acton Park Estate, The Vale, London, W3 7QE, UK. Tel: +44(0)20 8749 9090

EU Representative . Dominik Kuprecht, WaterRower GmbH, Otto-Hahn-Str. 73, 48529 Nordhorn, Germany. Tel: 05921-1798400

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