Last Updated: October 16th, 2024 

Tonal Systems, Inc. and Tonal Systems Canada ULC (collectively, “Tonal,” “we,” or “us”) collect and process personal information as described in our Privacy Policy, which we encourage you to read to learn about our information practices and the privacy rights and choices available to you.

This Consumer Health Data Privacy Policy supplements our general Privacy Policy and applies to personal information that constitutes “Consumer Health Data,” as that term is defined under Washington’s My Health My Data Act and Nevada’s SB 370. We refer to these laws together as the “Consumer Health Data Laws,” and this policy applies only to individuals who are protected by such laws.

We may change this policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy. If we make material changes, we will provide you with additional notice (such as by adding a statement to the Services or sending you a notification). 

Please contact us at support@tonal.com if you have any questions regarding this Consumer Health Data Privacy Policy. 

What Consumer Health Data Does Tonal Collect?

Tonal offers mobile apps, connected fitness equipment, and websites, which we refer to collectively as our “Services” in this policy. Depending on which Services you use and how you use them, Tonal may collect personal information that could constitute Consumer Health Data, such as:

• Fitness information you choose to provide in connection with your Tonal account and profile, such as fitness goals, height and weight, and workout preferences.
  
• Fitness information that you choose to provide to us in other circumstances, such as through the Tonal community, participation in our State of Strength survey or in a focus group we host, or interviews with our editorial team. The types of information we may collect directly from you in these circumstances include your workout history, achievements, and preferences, fitness activity and fitness goals, general health, fitness, and nutrition concerns, information about your health, weight, and injury history, and pregnancy status. 
  
• Fitness information we collect automatically when you use certain Services, such as workout, reps, pounds lifted, time under tension, workout length, and speed. If you choose to connect your Tonal experience with one of the integrations we support, such as with the health app on a smart phone or watch, the types of fitness information Tonal may receive from integration partners include heart rate, activity type, duration, distance, estimated calories, and other information and statistics related to your workouts.
  
• If you use the Smart View and other video or sensor features, we collect these videos and information about movement quality and functional skills. You can delete videos at any time using tools available to you within the Services.  
  
• Derived or inferred fitness-related information, such as level of fitness, based on the workout names you select and frequency of workouts, and strength and progress reports and recommendations, the Tonal Strength Score and other training metrics based on workout performance. 

How Does Tonal Use Consumer Health Data?

We use Consumer Health Data to provide and improve the products and services you request, such as: providing and maintaining your Tonal account; tracking your workout performance and trends and providing you workout reports; providing recommendations for future workouts; and providing customer support. If you elect to participate in a focus group, we may also use the information you share, including about your health, to help inform improvements to our products, services, and marketing strategies. We may also use Consumer Health Data to prevent, detect, protect against, investigate, and respond to security incidents and fraudulent or other malicious or illegal conduct and to preserve the integrity and security of our products and services.

How Does Tonal Disclose Consumer Health Data?

We may disclose the categories of Consumer Health Data described above to provide you with the products and services you request. For example, we may disclose Consumer Health Data to service providers and vendors (also known as “processors” under the Consumer Health Data Laws) that need access to such data to perform services on our behalf, such as to provide cloud storage, manage user accounts, enable our communications with you, and power our Services.

We may also disclose Consumer Health Data to third parties with whom you have a direct relationship in order to provide a product or service you request. For example, we may disclose information to integration partners if you decide to connect your Tonal account with such third-party accounts. You may turn off such integrations at any time. Finally, we may disclose information about you that includes Consumer Health Data with your consent, such as if you consent to Tonal sharing your fitness journey in one of our social feeds. 

Tonal does not “sell” Consumer Health Data or otherwise “share” Consumer Health Data, as those terms are defined under the Consumer Health Data Laws.

How Can You Exercise Your Rights?

Tonal offers a host of privacy rights and choices to our users, which you can review in our Privacy Policy.

If you are covered by a Consumer Health Data Law, then you have the following additional rights:

• The right to confirm Tonal’ s collection of Consumer Health Data about you and to access such data, including a list of third parties with whom your Consumer Health Data has been shared;
  
• The right to withdraw consent for certain uses of Consumer Health Data; 
  
• The right to request that Tonal delete Consumer Health Data about you; and
  
• The right to review and make or request changes to Consumer Health Data about you.

In addition, you have the right to opt out of the collection and sharing of Consumer Health Data at any time by ceasing to use the Tonal Products and contacting us at support@tonal.com to request that we close your account.

You may exercise your rights by submitting a request to support@tonal.com. Please note that we may take reasonable steps to verify your identity in connection with the request. If we refuse to act on your request, you may appeal such a decision by following the instructions we provide in our response.

Under the Consumer Health Data Laws, you may also have the right to obtain a list of third parties and affiliates to whom your Consumer Health Data has been “sold.” Tonal does not engage in such activities. If this changes, we will update this policy and provide you appropriate rights.