Effective on March 10th, 2021
What We Collect
We collect and use certain Personal Data (as defined below), including information that includes Special Categories (as defined below) of personal information under the European Union's GDPR regulations, and we may transfer such data to servers, staff, contractors, associates and affiliates in the United States, including any information that you manually enter, as permitted by US law, and for necessary purposes, specifically for performance of a contract that you are a party to (ie providing you with goods you personally ordered or someone ordered for you), for purposes of our legitimate interests as a business, or as is otherwise in the public interest, to comply with a legal obligation or to protect the vital interests of you or another person, as explained more extensively below. We may obtain credit information about you from an outside credit reporting agency to help us with customer authentication and credit-related decisions, such as eligibility for discounts or contract length.
You can always choose not to provide any information to us, or allow cookies, but then you might not be able to order products from us, participate in a class or event, use a gift card or subscription related hereto, send information to a third party, or obtain certain content from or through our Digital Services.
We have reasonable, industry-standard, appropriate administrative, technical, and physical security measures to help protect Your Personal Data against unauthorized access, destruction or alteration. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. Accordingly, we cannot guarantee the security of Your transmissions to us and of the Personal Data that we store. you acknowledge that there are data security and privacy limitations inherent to the Internet, and that the security, integrity, and privacy of any and all information exchanged between you and Ecko.
We may collect the following information:
- Details of Your order including Your name and the name of the order recipient.
- Contact information including email address and postal/delivery address.
- Demographic information such as postcode, preferences and interests.
- Other information relevant to customer surveys and/or offers.
- Information that you manually enter on our site.
“Personal Data” is defined as including but not limited to a username, account number, email address, IP information and any content entered by a User on the Services including address and payment information.
“Special Categories of Personal Data” is defined as data revealing health information, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, personal relationships or sexual orientation. If you place an order that has as the billing or shipping address a location such as a house of worship, a hospital, a campaign office and/or a work-related address, you may be providing such Special Categories of Personal Data incidentally or manually.
We may also collect “Interactive Data”, meaning browser type, Internet service provider, Product type/model/manufacturer, operating system, date and time stamp, a unique ID that allows us to identify Your browser, pages you visit, cell service/wifi provider or Your account (including, for example, a persistent identifier), and other similar information; you consent to such collection so that we can manage and deliver Your purchase, or a purchase you have made for delivery to a third party, or enable you to purchase, gift and/or use a gift card, and/or so we can provide you with relevant and/or requested Provided Content, data, information and Services. To improve our Services and avoid errors, we may obtain certain analytical information including records of the user sign in process, as well as login and logoff times, object loss metrics, test processes, button and action data and related information; such data may be shared with Google, Microsoft, Facebook, or other third parties such as Shopify, Zendesk, PayPal, Klavivo and Return Magic, so we can provide you with the Services, information, subscriptions and data you want to receive, error-free. We may use the information to analyze site usage, administer the site, understand usage and navigation trends in the aggregate, and determine interest in our products as well as the relevance of content. IP addresses are also linked to personally identifiable information, to better a user's experience when using the Website.
You consent to the collection, storage and processing of data provided by you manually in connection with purchases and orders, as well as information we gather from you such as IP information which we may use for localization, corporate compliance, legal and auditing purposes, in connection with Ecko’s business purposes, such as data analysis, audits, fraud prevention, developing new Services and/or features, enhancing and improving our Services, documenting usage, analyzing and researching user trends and researching/documenting the effectiveness of any promotional campaign; and to our sharing of that information among our related corporate entities, as well as our personnel for purposes of managing and processing Your order, processing payment for that order, following up with you regarding Your order and making recommendations for future orders.
If you purchase tickets to an event or for a class, you agree that we can send you the tickets, a receipt and class confirmation emails, as well as occasional e-mails about other classes you might be interested in, as well as information about Ecko services, Ecko website policy updates and other matters concerning the management and integrity of Ecko. You further give informed and unambiguous consent that Personal Data submitted in connection with a ticket purchase can be collected, processed and retained for legal and accounting/auditing purposes. “Payment Information” includes your credit or debit card number, card expiration date, CVV code, cheque payment information and billing/payment account address. Payment Information is not retained or otherwise used at Ecko, but it is shared with payment services processors/providers to process payments; prevent, detect and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; provide you with services and, if applicable, goods; and for other purposes associated with the acceptance of credit or debit cards.
Data that you provide and make available to us will allow us to run and operate our Service, including fulfilling and shipping Your orders, in connection with a Ecko subscription, providing a third party with a gift you have ordered for them, welcoming you to a Ecko event, experience or class, maintaining the integrity of the Service, providing you with the Services that you are seeking; minimizing spam, alerting you of new products or services, features, or enhancements, handling Your questions or issues, administering promotions, contests and sweepstakes, displaying relevant marketing to You, combating fraud and abuse, to notify you of promotions, updates, or special offers that we think may interest You, and for other legal and accounting/audit reasons.
Logs of server interactions, as well as class logs, are collected and processed by and for Ecko. Our servers automatically record information that Your browser sends whenever you visit the Service. This information includes Your Internet Protocol address, your browser type and version, the search engine you used to find the Service, if any, referring and exit pages, date/time stamp and clickstream data, which Service you use and when and how long you use them. We use this information to monitor and analyze how users use the Service, to provide customer service, to maintain and improve the Service, and to gather demographic information about our user base as a whole. We need this information for legal and accounting/audit reasons, including maintaining the integrity of the Service and the Interactions that we host, and may use this information in our marketing and advertising services.
We also use information in the aggregate to understand how our users as a group use the services and resources provided on and through our Services. We also use Your email address and phone number as part of the Service in sending you messages about the Service and other general announcements.
We require this information to understand Your needs and provide you with better services, and in particular for the following reasons:
- Internal record keeping.
- To improve our products and services.
- To send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
- From time to time, we may also use Your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to Your interests.
Emails sent through the Digital Services are not encrypted, and therefore there remains some level of risk that the information may be read by a third party.
For the exhaustive list of cookies we utilize, please see the List of Cookies We Collect section regarding what we do with the information. For a list of subprocessors, please see the list of Subprocessors.
Contests and Sweepstakes
From time to time, we may host contests on our website and/or our social media channels. When you enter a contest, challenge or sweepstakes with Ecko, we will use the information you submit to determine a winner, to provide the winner(s) with their prizes (including via mail by sharing Personal Data with the postal or delivery service), and for auditing and legal purposes; winner names will be made public if the winner accepts their prize. We need such consent because Your purpose in and reason for submitting Your information is for and in connection with Your contest entry.
For example, if you order products, you will also be required to provide a billing address and credit card or other payment information which will be collected, used, processed and retained so that we can process Your order, obtain follow-up information and/or feedback from You, and for other accounting and legal purposes, as well as to recommend our other products to You. If you order items for shipping or delivery, we will share Your name and address information, and possibly phone and email information, with those involved in shipping/delivering Your goods to you or Your chosen recipient, as well as where it is necessary to effect any or all of these purposes or processes, for our compliance with legal obligations and for our legitimate purposes, as well as where processing is necessary for the performance of a contract.
We may use Your email address or information for a range of purposes including managing, tracking, completing and confirming Your orders, registrations and/or Ecko subscriptions, processing a payment, communicating with our suppliers and vendors, marketing, maintaining quality of service, and administrative/legal/accounting/auditing purposes, and we reserve the right to share Your Personal Data with our staff/employees/contractors/team as necessary to effect any or all of these purposes or processes, and for our compliance with legal obligations and for our legitimate purposes, as well as where processing is necessary for the performance of a contract. Those companies may or may not retain, share, store, or use personally identifiable information for secondary purposes. We reserve the right to partner with any third party to provide specific products, services and process, and to store and organize Personal Data on our behalf, in connection with our reasonable management, maintenance and growth of Ecko and related businesses.
For example, we will not see Your credit card information when you make a payment for a product using the Shopify platform, although we will see Your name and address information; payment and transaction information, such as Your credit card, payment authentication code, billing address, purchase history information, purchase channel information, product detail data, and other information such as date and time of Your transaction, are all Personal Data that is necessary for us to provide you with products or services that you have ordered and/or requested from Ecko, whether in connection with an existing contractual relationship or otherwise.
We do not knowingly solicit, collect or process information from children who (a) are residents or citizens of the European Union and under the age where consent of a parent or legal guardian is required for the processing of Personal Data of children including email addresses and IP addresses, as well as certain uses of cookies; or (b) users who are under the age of thirteen (13) and residents or citizens of any other country (an “Age-Barred Individual”). In compliance with United States regulations regarding online privacy for children, Ecko do not knowingly solicit or collect information from children under the age of thirteen (13) or any other Age-Barred Individual. Age-Barred Individuals are not permitted to have an account, use any Ecko App or app, or submit Interactions of any type to Ecko. By using the Service and/or submitting an order, you thereby confirm that you are eighteen (18) years old or older, and not an Age-Barred Individual.
Usage Outside the United States
Ecko is located in the United States, but we understand that some of our customers, users and family members thereof are citizens of or residents of other countries, including European Community countries. If you access Ecko services from a country other than the United States, the various communications you send and receive may result in the transfer of information across international boundaries. Information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transferred to and processed by third parties identified above, located in a country outside of the EEA and Switzerland, where you may have fewer or different legal rights in relation to your information.
We will collect and retain your information in connection with our Digital Services used by you for as necessary to perform the services that you access in connection with Your Ecko services, and at least as long as required by operation local, state and federal laws and regulations. Please note that you cannot unsubscribe from emails regarding product quality control, warranties, or that confirm an order, as they are necessary for us to perform our services and business operations involving safety of our products and our legitimate interests. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can go to http://www.ecko.com/forms/SubscriptionManagement and unsubscribe there.
In the event we initiate, host or promote a co-branded or joint marketing program, we may provide Your personal information to companies that collaborate with us in this, if you opt to participate in the program. For instance, we may run a special promotion with a third party phone provider who is offering incentives for You, or a sneaker company who is offering fitness gear that we believe you may have an interest in. We may share your personal information with such partners to enable them to administer the incentive program or purchase process. In those instances, their use of Your personal information will be subject to their own privacy policies.
Please contact us if you wish to make a request or ask a question regarding your Personal Data as set forth in the bullet points below; we reserve to charge a reasonable fee for requests of lists of the Personal Data we have collected about you if such request is made more than once in any 365-day time period:
- If you believe that any information that we have is incorrect
- If you wish to obtain a copy of the Personal Data you have provided to us in a structured, commonly used and machine-readable form; we reserve the right to request and confirm proof of identity as we determine necessary in our sole discretion
- If you are not a current or former subscriber to any services related to a Ecko service, and you wish to ask us to remove information that we have collected from or about you.
If you are a California resident, you have the following rights, subject to certain exceptions as set forth in the CCPA:
- Right to access personal information. You have the right to receive the specific pieces of Your personal information we have collected about you in the 12 months preceding Your request.
- Right to data portability. You have the right to receive a copy of Your electronic personal information in a readily-usable format.
- Right to know. You have the right to receive information from us regarding the categories of personal information we collected, the sources from which we collect personal information, the purposes for which we collected and shared personal information, the categories of any personal information we sold as well as the categories of third parties to whom such personal information was sold, and the categories of personal information that we disclosed for a business purpose in the 12 months preceding Your "right to know" request.
- Right to request deletion. You have the right to request the deletion of the personal information that you provided to us. Please note that in certain instances we may not be able to process Your request, such as (i) due to the existence of a legal obligation, (ii) to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities, or (iii) in order to complete a transaction for which Your personal information was collected.
- Right to non-discrimination. You have the right to be free from discrimination by us as a result of you exercising Your rights under the CCPA.
If you are a resident of California, you may request that we provide you with the information that we have shared with third parties for electronic/online direct marketing purposes, if such sharing has occurred; such information can be provided to you once a year free of charge, and will cover information shared during the past twelve (12) months. Information will be provided within thirty (30) days of your request, or we will inform you that we need additional time to fulfill your request.
If you are a California resident and wish to make such a request, please provide sufficient information for us to determine if this applies to You, attest to the fact that you are a California resident and provide a current California address for our response. you may make this request in writing to us at the address provided herein. Any such request must include “California Privacy Rights Request” in the first line of the description and include Your name, street address, city, state and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this address.
Information shared for purposes other than direct marketing will not necessarily be included in our response to such request. We reserve the right to request and confirm proof of identity as we determine necessary in our sole discretion. Please note that we cannot delete information in connection with orders of merchandise or gift certificates, and other paid services or goods, for at least seven years as we must retain it for accounting and legal purposes; we reserve the right to retain such Personal Data for accounting and business purposes.
Note that certain of the rights set forth above do not apply until at least January 1, 2021 for job applicants, employees, partners, and contractors, and when personal information is transmitted in business-to-business written or verbal communications or transactions relating to due diligence, or providing or receiving the Ecko App or service to or from another business, and the personal information concerns an employee, owner, director, officer or contractor of that business.
A cookie is a small file which asks permission to be placed on Your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Ecko Cookies (as defined herein) allow web applications to respond to you as an individual. The web application can tailor its operations to Your needs, likes and dislikes by gathering and remembering information about Your preferences. We may also receive, store and process information that is automatically recorded by our servers whenever you access or use the Site, such as Your IP address, the date and time you access or use the Site, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, event information, pages viewed and the order of those pages, and the amount of time spent on particular pages including via tags, text files, log files, web beacons, http cookies, HTML 5, flash local storage cookies, GIFs, embedded scripts, ETags/cache browsers, and software development kits, and similar tracking technologies from third parties (collectively, "Cookies").
We may, either directly or indirectly, also track Your behavior on our Website using Cookies and other analytics for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Website and order Services or indicate interest in our services, or events that we may host, presentations that we may make, and news items that we may share.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to Your computer or any information about You, other than that which you agree to share with us. You can choose to accept or decline cookies. Most web browsers’ settings will automatically accept cookies, but you can modify Your browser setting to decline cookies, or just third-party cookies, if you prefer. This may prevent you from taking full advantage of the website or ordering products or services from or through us.
Acceptance and waiver of cookies. At the time of the user's first access to the Sites and, in any case, until a choice is expressed, the user will be asked to provide his consent to the use of third-party analytical cookies and profiling cookies. In particular, consent can be provided by continuing with navigation.
Disabling cookies. A user can always decide to block, delete, disable cookies or other similar technologies through the settings of their browser or device. There are many different browsers: each different browser (and in some cases even each different version of the same browser) has its own procedure for deleting cookies. Cookie preferences must be set separately for each browser used, as the features and options offered may vary. It is therefore advisable to visit the support pages of your browser for more information. Furthermore, the user can modify the settings related to Ecko cookies, including their activation and deactivation, by accessing the dedicated section in the Sites' footer, under "Cookie Settings". Their complete deactivation may preclude many features, or the proper browsing or viewing of the Website or other web pages.
We may also collect information when you register for or create a Ecko account, or connect your Ecko account with another account, by logging into an account that you already have with Facebook, or certain other third-party social networking site (collectively and individually, “SNS”) via our Service. We may gather information regarding your contact lists and SNS information and profile.
A pixel tag or web beacon is an often-transparent graphic image, usually no larger than 1 pixel by 1 pixel, that is placed on a website or in an email that is used to monitor the behavior of the user visiting the website or sending the email. We may use web beacons and/or pixel tags for many purposes, including site usage analytics, advertising, user management, auditing and reporting, and content and advertising personalization.
We do not respond to “do not track” browser signals.
We treat information collected by cookies and other technologies as non-Personal Data. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered Personal Data by local law, we also treat these identifiers as Personal Data.
- Essential Cookies: these are essential in order to enable you to move around the Ecko App and use its features, such as accessing secure areas of the website.
- Performance and Analytics Cookies: Google Analytics ("Analytics") is Google’s free web analytics tool that helps us understand how our visitors engage with our website. Analytics collects information anonymously and, much like examining footprints in sand, it reports website trends without identifying individual visitors. Analytics uses its own set of cookies to track visitor interactions. These cookies are used to store information, such as what time the current visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page. Google Analytics customers can view a variety of reports about how visitors interact with their website so they can improve their website and how people find it. A different set of cookies is used for each website, and visitors are not tracked across multiple sites. Analytics customers are obliged to notify users of their use of analytics software. To disable this type of cookie, some browsers will indicate when a cookie is being sent and allow you to decline cookies on a case-by-case basis. In addition to declining cookies, you can also install the Google Analytics Opt-out Add-on in Your browser, which prevents Google Analytics from collecting information about Your website visits. Information on the processing of privacy by Google is available at the following link: http://www.google.com/analytics/learn/privacy.html. Information on the cookies used by Google Analytics, collection and use of this data are available at the following link:
- https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage#gajs. The following link also contains information to deny consent to the use of third-party cookies by Google Analytics: http://tools.google.com/dlpage/gaoptout or you can opt out by clicking here: Click here to opt-out of Google Analytics.
- Functionality Cookies: they remember the choices you make, such as language options or Your current region. These cookies help to make Your visit more personal and are deleted automatically when you close Your browser or the session expires.
Our Management of Our Services
Links to Other Websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, or if you use the “sharing” options to share our content through Your accounts on such social media services, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Management of Your Information
You may choose to restrict the collection or use of Your Personal Data in the following ways:
- Whenever you are asked to fill in a form on a website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
- If you have previously agreed to us using Your Personal Data for direct marketing purposes, you may change Your mind at any time by writing to or emailing us at email@example.com
We will not sell, distribute or lease Your Personal Data to third parties unless we have Your permission or are required by law to do so. We may use Your Personal Data to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
If you believe that any information we are retaining about you is incorrect or incomplete, please fill out the Contact Us form. We will promptly correct any information found to be incorrect.
As we continue to develop our business, we might sell or buy assets, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets and accordingly, user information, including Personal Data collected from you through Your use of the Service, could be included in the transferred assets. If Ecko or any subsidiary thereof is acquired by, or merged with, any other entity, we reserve the right to assign or transfer any information that We have collected. Further, if we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, it is probable that user information, including Personal Data collected from you through Your use of the Service, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Service. or any bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or for any application of laws or equitable principles affecting creditors' rights, your information might be transferred or disclosed to third parties.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE Ecko SERVICES AND/OR ANY RECOMMENDATIONS OR GUIDANCE PROVIDED THEREBY (“RECOMMENDATIONS”), AND ANY OTHER SERVICES PERFORMED BY OR ACCESSED THROUGH THE A Ecko PRODUCT AND/OR ANY Ecko SERVICES IS AT YOUR SOLE RISK.
Your Privacy Rights
Rakuten Advertising may collect personal information when you interact with our digital property, including IP addresses, digital identifiers, information about your web browsing and app usage and how you interact with our properties and ads for a variety of purposes, such as personalization of offers or advertisements, analytics about how you engage with websites or ads and other commercial purposes. For more information about the collection, use and sale of your personal data and your rights, please use the below links.
You can contact us by filling out the Contact Us form.
To review, delete and update Your personal information to ensure it is accurate, contact us by email at firstname.lastname@example.org. We will respond to Your request within 7- 10 business days. We will retain Your information for as long as Your account is active or as needed to provide you services. If you wish to request that we no longer use Your information to provide you services contact us at email@example.com. We will retain and use Your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.