Welcome to ICON's privacy notice.
ICON respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
This privacy notice is provided in a layered format, so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.
1. Important information and who we are
Purpose of this privacy notice
This privacy notice aims to give you information on how ICON collects and processes your personal data through your use of this website, including any data you may provide through this website when you sign up to our subscription or newsletter, purchase a product or service, or take part in a competition.
This website is not intended for children, and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Icon Health & Fitness, Inc. (“ICON”) is made up of different legal entities affiliates, partners, licensors, subsidiaries, or related companies and websites, including, without limitation, www.iconfitness.com, www.ifit.com, www.nordictrack.com, www.altrarunning.com, www.proform.com, www.freemotionfitness.com, www.weiderfitness.com, www.weslo.com, www.healthrider.com, www.getgoldsgym.com, www.workoutwarehouse.com, and my.iconfitness.com. This privacy notice is issued on behalf of ICON, so when we mention ICON, “we,” “us,” or “"our" in this privacy notice, we are referring to the relevant entity in the ICON group responsible for processing your data. ICON is the controller and is responsible for this website.
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details below.
- Full name of legal entity: Icon Health & Fitness, Inc.
- Name and title of ICON's DPO: John Hulbert, Associate General Counsel
- E-mail address: email@example.com
- Postal address: 1500 S. 1000 W. Logan, Utah 84321 USA
- Telephone number: 1.866.608.1798
You have the right to make a complaint at any time to the supervisory authority for data protection issues in your jurisdiction. For example, the supervisory authority for data protection issues in the UK is the Information Commissioner's Office (ICO) at www.ico.org.uk. We would, however, appreciate the chance to deal with your concerns before your supervisory authority, so please contact us in the first instance.
Changes to the privacy notice and your duty to inform us of changes
This version was last updated on Tuesday, May 22, 2018, and historic versions may be obtained by contacting us.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third party links
This website may include links to third party websites, plugins, and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
2. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store, and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity data includes first name, maiden name, last name, username, or similar identifier, marital status, title, date of birth, and gender.
- Contact data includes billing or address, mailing address, e-mail address, and telephone numbers.
- Financial data includes bank account and payment card details.
- Transaction data includes details about payments to and from you and other details of products and services you have purchased from us.
- Technical data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
- Profile data includes your username and password, purchases or orders made by you, your interests, preferences, feedback, and survey responses.
- Usage data includes information about how you use our website, products, and services.
- Marketing and communications data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use, and share aggregated data, such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data, but is not considered personal data in law, as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature, data entered when using ICON sites, pages most frequently accessed, browser type, links a user clicks, IP address, and other similar information. However, if we combine or connect aggregated data with your personal data, so it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data), nor do we collect any information about criminal convictions and offences.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you, if you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
3. How is your personal data collected?
We use different methods to collect data from and about you including:
- Direct interactions. You may give us your identity, contact and financial data by filling in forms or by corresponding with us by post, phone, e-mail, or otherwise. This includes personal data you provide when you:
- Apply for our products or services
- Create an account on our website
- Subscribe to our service or publications
- Request marketing to be sent to you
- Enter a competition, promotion, or survey
- Give us feedback
- Automated technologies or interactions. As you interact with our website, we may automatically collect technical data about your equipment, browsing actions, and patterns. We collect this personal data by using cookies, server logs, and other similar technologies. We may also receive technical data about you if you visit other websites employing our cookies.
- Cookies. When you visit an ICON site, we may assign your computer one or more cookies to facilitate access and to personalize your experience on that ICON site. A cookie is a small text file, with no personally identifiable information, that we place on a User’s computer browser. Through the use of a cookie, we may also automatically collect information about your online activity on an ICON site, such as the web pages you visit and the links you click. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, please note that you may not be able to sign in or use some of the interactive features offered on ICON sites.
- Other technologies. We may use standard Internet technology, such as web beacons and other similar technologies, to track your use of ICON sites. Web beacons are tiny graphics which are embedded in the webpage and are used for similar purposes as cookies to track activity. We may also include web beacons in e-mail messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer to visitors of ICON sites, to deliver targeted advertisements, and to measure the overall effectiveness of our online advertising, content, programming, or other activities.
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Technical data from the following parties:
- Analytics providers such as Google based outside the EU
- Advertising networks based inside or outside the EU
- Search information providers based inside or outside the EU
- Contact, financial, and transaction data from providers of technical, payment, and delivery services based inside or outside the EU
- Identity and contact data from data brokers or aggregators based inside or outside the EU
- Identity and contact data from publicly available sources based inside or outside the EU
- Technical data from the following parties:
4. How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- When 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
- When we need to comply with a legal or regulatory obligation
- By creating an account with us, you agree that we may contact you for marketing purposes by phone, e-mail, mail, or text message, even if your number is on a do-not-call list or is a wireless number
- To process transactions
Generally, we do not rely on consent as a legal basis for processing your personal data, other than in relation to sending third party direct marketing communications to you via e-mail or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground, depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Type of data
Lawful basis for processing including basis of legitimate interest
To register you as a new customer
Performance of a contract with you
To process and deliver your order including:
To manage our relationship with you which will include:
To enable you to partake in a prize drawing, competition, or to complete a survey
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and hosting of data)
To deliver relevant website content and advertisements to you and to measure or understand the effectiveness of the advertising we serve to you
Necessary for our legitimate interests (to study how customers use our products and services, to develop them, to grow our business, and to inform our marketing strategy)
To use data analytics to improve our website, products and services, marketing, customer relationships, and experiences
Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business, and to inform our marketing strategy)
To make suggestions and recommendations to you about goods or services that may be of interest to you
Necessary for our legitimate interests (to develop our products and services, and to grow our business)
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your identity, contact, technical, usage, and profile data to form a view on what we think you may want or need or what may be of interest to you. This is how we decide which products, services, and offers may be relevant for you (known in the industry as marketing).
You will receive marketing communications from us if you have requested information from us, have purchased goods or services from us, or if you provided us with your details when you entered a competition or registered for a promotion, and, in each case, you have not opted out of receiving that marketing.
Third party marketing
We will get your express opt-in consent before we share your personal data with any company outside the ICON group of companies for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences, by following the opt-out links on any marketing message sent to you, or by contacting us with a request at any time.
When you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product or service purchase, warranty registration, product or service experience, or other transactions.
Change of purpose
We will only use your personal data for the purposes for which we collect it, unless we reasonably consider that we need to use it for another reason, and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you, and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, when this is required or permitted by law.
5. Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph four, above.
- Internal third parties as set out in the Glossary
- External third parties as set out in the Glossary
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third party service providers to use your personal data for their own purposes, and we only permit them to process your personal data for specified purposes and in accordance with our instructions.
6. International transfers
We share your personal data within the ICON group. We store the information we collect—including your personal data—in the United States, so if you are accessing an ICON site from another country, your information is being transferred to and from the United States or outside of the European Economic Area (EEA).
We ensure that your personal data is protected by requiring all of ICON's companies to follow the same rules when processing your personal data. These rules are called binding corporate rules. For further details, see European Commission: binding corporate rules. Moreover, sensitive and private data exchanged between an ICON site and you happens over an SSL secured communication channel and is encrypted and protected with digital signatures.
We want you to feel confident using the ICON sites. However, no system can be completely secure. Therefore, although we take steps to secure your information, we do not promise, and you should not expect, that your personal information, searches, or other communications will always remain secure. Users should also take care with how they handle and disclose their personal information and should avoid sending personal information through insecure email. Please refer to the Federal Trade Commission's website for information about how to protect yourself against identity theft.
Many of our external third parties are based outside the European Economic Area (EEA), so their processing of your personal data may involve a transfer of data outside of the EEA.
Whenever we transfer your personal data, we ensure a similar degree of protection is afforded to it by ensuring that at least one of the following safeguards is implemented:
- When we use certain service providers, we may use specific contracts approved by the European Commission, which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- When we use providers based in the U.S., we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the U.S. For further details, see European Commission: EU-US Privacy Shield.
Please contact us if you want further information on the specific mechanism we use when transferring your personal data in or out of the EEA.
7. Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data, whether we can achieve those purposes through other means, and the applicable legal requirements.
Details of retention periods for different aspects of your personal data are set out in the table in paragraph four above.
By law, we must keep basic information about our customers (including contact, identity, financial, and transaction data) for seven years after they cease being customers, for tax purposes.
In some circumstances, you may ask us to delete your data. Please contact us at 1.866.608.1798 during regular business hours. If we delete your account, your user profile will no longer be visible, and all of the information associated with your account will be permanently deleted. In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes—in which case, we may use this information indefinitely without further notice to you. You may still receive promotional e-mails from us regarding new ICON products or services.
8. Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
- Request access to your personal data
- Request correction of your personal data
- Request erasure of your personal data
- Object to processing of your personal data
- Request restriction of processing your personal data
- Request transfer of your personal data
- Right to withdraw consent
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of your other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data or to exercise any of your other rights. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally, it may take us longer than a month if your request is particularly complex or if you have made a number of requests. In this case, we will notify you and keep you updated.
California Civil Code Section 1798.83 permits users of the ICON sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.
ICON shares no affiliation with any political party or its views. ICON ads visible on political websites are there as a result of remarketing—not a partnership, affiliation, or endorsement.
Remarketing allows ICON to display ads to people who have visited ICON sites. When people leave an ICON site without buying anything, remarketing helps us reconnect with them by showing relevant ads across their different devices and websites. The ads simply follow the user to the sites they visit.
iFit Sleep HR sensor and iFit Sleep app
Legitimate interest means that we conduct and manage our business to enable us to give you the best services and products and the most secure experience. We consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required to or permitted by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Internal third parties
Other companies in the ICON group act as joint controllers or processors, provide IT and system administration services, and undertake leadership reporting.
External third parties
- Service providers acting as processors based inside or outside the EU who provide IT and system administration services
- Professional advisers acting as processors or joint controllers, including lawyers, bankers, auditors, and insurers based inside or outside the EU who provide consultancy, banking, legal, insurance, and accounting services
- Regulators and other authorities acting as processors or joint controllers based inside or outside the EU who require reporting of processing activities in certain circumstances
- Any other entity when required by law. For example, in response to a court order or subpoena. We may also disclose information in response to requests from law enforcement agencies or other public agencies if we feel that such disclosure may prevent the instigation of a crime
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data, commonly known as a data subject access request. This enables you to receive a copy of the personal data we hold about you and to check that we lawfully process it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, although we may need to verify the accuracy of the new data you provide us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data when you have successfully exercised your right to object to processing (see below), when we may have processed your information unlawfully, or when we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons, which we will inform you, if applicable, at the time of your request.
Object to processing of your personal data when we are relying on a legitimate interest (or those of a third party), and there is something about your particular situation which makes you want to object to processing on this ground, as you feel it impacts on your fundamental rights and freedoms. You also have the right to object when we process your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling, legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) when our use of the data is unlawful, but you do not want us to erase it; (c) when you need us to hold the data, even if we no longer require it, if you need it to establish, exercise, or defend legal claims; or (d) you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party that you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use, or when we used the information to perform a contract with you.
Withdraw consent at any time when we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.