Castro Fitness California Privacy Notice
Effective Date: April 28, 2024
This California Privacy Notice (the “Notice”) is intended for “Consumers” as defined under the California Consumer Privacy Act (“CCPA”) and complements the Privacy Policy of Castro Fitness Services (our “Privacy Policy”). Any terms not defined in this Notice are as defined in our Privacy Policy. This Notice is subject to changes, which will be updated on this page. The most recent revision date will also be noted here. In cases where there is a conflict between our Privacy Policy and this Notice, the provisions of this Notice will take precedence for California Consumers.
- PERSONAL INFORMATION WE COLLECT AND SHARE
Under applicable law, we are permitted to collect, use, and disclose your personal information (“PI”). The types of PI we collect, the sources from which we collect it, and the purposes for which it is used are outlined in the table below. This table also details the categories of third parties with whom your PI may be shared and the business and commercial reasons for which PI may be sold (as defined broadly under the CCPA, which may differ from the conventional understanding of “selling”) to these third parties.
| CATEGORY OF PI | SOURCES OF PI | BUSINESS OR COMMERCIAL PURPOSES FOR PI COLLECTION | CATEGORIES OF THIRD PARTIES WITH WHOM PI SHARED | BUSINESS OR COMMERCIAL PURPOSES FOR SELLING TO THIRD PARTIES | ||||
| 1. Identifiers which may include: IP Address Name Address Email Address Phone Number Age or Date of Birth User ID | Your device You Dmitry.Fitness internal systems Vendors Marketing partners | Processing and Managing Transactions Security Debugging Performing Services Research and Development Quality Assurance Marketing | Marketing Partners Vendors | Processing and Managing Transactions Security Debugging Performing Services Quality Assurance Marketing | ||||
| 2. Personal Records which may include: Name Address Email Address Phone Number Job title Employer | You | Processing and Managing Transactions Performing Services Quality Assurance Marketing | Marketing Partners Vendors | Processing and Managing Transactions Performing Services Marketing | ||||
| 3. Consumer Characteristics which may include: Age or Date of Birth Gender | You | Performing Services Quality Assurance Marketing | Vendors | Processing and Managing Transactions Marketing | ||||
| 4. Customer Account Details / Commercial Information which may include: User’s click path Emails received, opened, clicked Product information accessed Goods or services purchased Product subscription term | Your device You Dmitry.Fitness internal systems | Processing and Managing Transactions Security Debugging Performing Services Quality Assurance Marketing | Marketing Partners Vendors | Processing and Managing Transactions Security Debugging Quality Assurance Marketing | ||||
| 5. Internet Usage Information which may include: User’s click path Visitor status (new/returning) Emails received, opened, clicked Product information accessed Product subscription term | Your device Dmitry.Fitness internal systems | Processing and Managing Transactions Security Debugging Performing Services Quality Assurance Marketing | Vendors | Processing and Managing Transactions Security Debugging Quality Assurance Marketing | ||||
| 6. Geolocation Data which may include: Geolocation data | Your device | Security Debugging Performing Services Marketing | Vendors | Processing and Managing Transactions Security Debugging Marketing | ||||
| 7. Professional or Employment Information which may include: Education level achieved Employment status Job title Employer | You | Performing Services Marketing | Marketing Partners | Marketing | ||||
| 8. Inferences from PI Collected which may include: Segment data | Your device Dmitry.Fitness internal systems | Processing and Managing Transactions Security Debugging Performing Services Quality Assurance Marketing | Vendors | Processing and Managing Transactions Security Debugging Quality Assurance Marketing |
As allowed by law, Castro Fitness does not consider deidentified data or aggregate consumer information as personal information (PI), and we reserve the right to convert, or allow others to convert, your PI into deidentified or aggregate data. We are not obligated to re-identify such information or to retain it beyond what is necessary to address any queries you may have regarding such data.
Castro Fitness may collect, use, and disclose your PI for commercial purposes, including interest-based advertising and sharing PI in a manner that constitutes a sale under the California Consumer Privacy Act (CCPA). Subject to the CCPA’s restrictions and obligations, our marketing partners and vendors—who assist with interest-based advertising and other marketing efforts—may also utilize your PI for similar commercial and business purposes.
Our vendors are permitted to process PI for business or operational purposes, such as detecting data security incidents, preventing fraudulent or illegal activity, creating datasets of aggregate consumer information and deidentified information, appointing subprocessors, and other activities allowed under the CCPA.
Directing us to share your PI does not constitute a sale. Moreover, disclosures between entities that manage Castro Fitness Services are not considered sales of your PI.
Despite any other statements in our Privacy Policy, we typically limit the use of your PI—when governed by the CCPA’s consumer rights provisions and shared with our vendors—to business purposes, or we consider such disclosures as sales of your PI, subject to your rights under Do Not Sell provisions.
While consensus has not yet been reached, practices involving third-party cookies and tracking technologies associated with the Castro Fitness Services may be viewed as a “sale” of your PI under the CCPA. For further details on cookies and other tracking technologies, along with your choices regarding certain online interest-based advertising, please see the “Use of Cookies” section in our Privacy Policy.
Castro Fitness CCPA Privacy Rights
We grant California Consumers the privacy rights provided under the CCPA as detailed in this section. You may exercise these rights through an authorized agent who meets the CCPA’s agency criteria and associated regulations. As allowed by the CCPA, we require a Verifiable Consumer Request to process your inquiries. We cannot address your request under the CCPA without sufficient information to reasonably verify you as the consumer whose PI we have collected.
To act on your rights to know about or to request the deletion of your PI, please submit a request by emailing us at info@castro-fitness.com and respond to any subsequent communication we may initiate. We verify your identity using your email address before fulfilling your request to ensure your privacy and security. After submitting your request, you must follow the instructions in the verification email sent to the provided email address. This process confirms control and access to the email associated with the request. We will search our systems for the provided email address and any associated information. If the email address you provide has not been used in our interactions through the Castro Fitness Services, verification of your identity will not be possible. Our verification methods are limited to checking email addresses previously provided in connection with the Castro Fitness Services.
In cases where the PI we hold is not sufficiently linked to identifying information to verify that it belongs to a specific consumer, as per the CCPA’s verification requirements (e.g., clickstream data only linked to a pseudonymous browser ID), we cannot fulfill such requests. If we are unable to comply with a request, we will explain why in our response. Creating an account is not necessary for making a Verifiable Consumer Request. We use the PI provided in such requests solely for verifying your identity or authority to make the request and to manage and document the responses to requests, unless you have provided it for a different reason.
We strive to identify PI that we collect, process, store, disclose, and use and to adequately respond to California Consumer privacy rights requests. Normally, we do not charge a fee for responding to your requests; however, we may levy a reasonable fee or decline a request if it is excessive, repetitive, unfounded, or overly burdensome. If we decide that a fee is warranted, or that we should decline a request, you will be notified with an explanation and provided with a cost estimate before any charges are applied.
In line with the CCPA and our commitment to the security of your PI, we will not provide sensitive information such as your social security number, account passwords, or security question answers in response to a CCPA request. However, you may be able to access some of this information yourself if you maintain an active account with us.
Your Castro Fitness California Consumer Privacy Rights are as follows:
A. The Right to Know:
i. Information Rights
You are entitled to request, no more than twice in a twelve-month period, the following information for the period of twelve months prior to the date of your request:
- The categories of personal information (PI) we have collected about you.
- The sources from which we collected your PI.
- The business or commercial purposes for collecting or selling your PI.
- The categories of third parties with whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the previous 12 months, or an affirmation that no such disclosure occurred.
- A list of the categories of PI sold about you in the previous 12 months, or an affirmation that no sale occurred. If we have sold your PI, we will provide:
- The categories of your PI that we have sold.
- The categories of third parties to whom your PI was sold, categorized by the types of PI sold to each third party.
Please be aware that we retain PI for various time periods and are not obligated to retain it longer than necessary to fulfill your requests. Therefore, we may not be able to fully respond to inquiries that request data going back the full 12 months prior to your request.
ii. Obtaining Copies of PI
You have the right to request a portable copy of your personal information (PI) that Castro Fitness has collected over the twelve months prior to your request, up to twice per year. Please be aware that we retain PI for varying periods and are not obligated to retain it longer than necessary for responding to your requests. As such, we may not be able to fully provide data going back the full twelve months prior to your request.
B. Delete:
You may request that Castro Fitness delete your PI that we have collected directly from you, except where we have a legal basis for retention under the CCPA. Such bases include completing transactions and services you have requested or anticipate, for security purposes, for legitimate internal business purposes, such as maintaining business records, complying with legal obligations, exercising or defending legal claims, and cooperating with law enforcement. We are not required to delete PI that we did not collect directly from you.
You can also limit the use of your PI by opting out of receiving commercial emails from us by clicking “Unsubscribe” or “Manage my email preferences” in any commercial email. Note that opting out of commercial emails will not stop transactional emails.
C. Do Not Sell:
You have the right to opt out of the sale of your PI by clicking here [insert hyperlink], assuming that certain data exchanges from cookies and tracking devices are considered a “sale” under the CCPA. You can choose to:
- Opt out of the sale of your PI maintained by Castro Fitness, and/or
- Opt out of the sale of your PI for purposes of interest-based advertising.
Opting out of the sale of your PI for interest-based advertising does not prevent you from seeing ads. You may still see ads on Castro Fitness Services tailored to your interests based on PI that: i. is not sold by Castro Fitness, ii. was sold to other digital advertising companies ninety (90) days or more before you opted out, or iii. is sold by sources from which you have not opted out.
The California Attorney General has not yet finalized regulations for CCPA, and there is no industry consensus on whether data practices related to third-party cookies and tracking devices on Castro Fitness Services constitute a “sale” of PI. Castro Fitness uses certain industry-developed technology solutions to manage “do not sell” requests, but not all third parties involved in our services participate in these solutions. Therefore, we may not be able to communicate your “Do Not Sell My Personal Information” instructions to all third parties.
For more details on cookies and other tracking technologies used on Castro Fitness Services and your options concerning online interest-based advertising, please see the “Use of Cookies” section in our Privacy Policy.
We do not knowingly sell the PI of Consumers under 16 unless consent is given by those aged 13 to 16, or by a parent or guardian for consumers under 13. Consumers who have opted in to the sale of their PI may opt out at any time. If you believe we have unknowingly collected and sold PI from yourself or your child under 13, or from a minor aged 13 to under 16 without consent, opting out will halt the sale of that PI. We may continue to sell PI collected from Consumers who are now over 16 but were under 16 when the PI was initially collected.
D. Non-Discrimination:
Castro Fitness will not discriminate against you for exercising your CCPA rights. We will provide equal service and pricing to all our customers, regardless of their use of these privacy rights.
E. Ours and Others’ Rights:
We may collect, use, and disclose your personal information (PI) as required or permitted by applicable law, which may override your CCPA rights. Additionally, we are not required to comply with requests that infringe upon our rights or those of third parties or that are otherwise unlawful.
- ADDITIONAL CALIFORNIA NOTICES
California residents are entitled to additional notices, including:
A. Third Party Marketing and Your California Privacy Rights:
California’s “Shine the Light” law permits you to request information about our sharing of PI with third parties for their direct marketing purposes.
You may request details about our disclosure of your information to third parties for their direct marketing purposes. Occasionally, we may share your PI with third parties for this purpose. Under California Civil Code § 1798.83, you may request, once per year, the categories of PI shared and the names and addresses of third parties that received PI for their direct marketing in the prior calendar year. To make such a request, verify your residency and provide a current California address at info@castro-fitness.com, including “Shine the Light California Privacy Rights Request” in the description along with your contact details.
B. California Minors:
Although Castro Fitness services are intended for users over 18, minors under 18 in California who have registered and posted content can request its removal by detailing the content’s location and confirming they posted it, to info@castro-fitness.com. We will make reasonable efforts to remove or anonymize it to prevent individual identification, although complete removal may not be possible if third parties have republished or archived the content.