Privacy Statement Updated October 6, 2023.

Welcome to the NYX. Cycle+Fitness, LLC (the “NYX”)!

In Part I of this Privacy Statement we set forth NYX’s Privacy Policy as to Personal Information which we collect online through www.nyxcycle.com or other NYX websites which link to this Privacy Statement from their site (collectively, “NYX Websites”).

In Part II of this Privacy Statement we set forth NYX’s Privacy Policy as to Personal Information which we collect other than through NYX Websites.

“Personal Information”, is any information that enables us to identify you, directly or indirectly, by reference to an identifier such as your name, identification number, location data, online identifier or one or more factors specific to you. Personal Information includes “sensitive Personal Information” and “pseudonymised Personal Information” but excludes anonymous information or information that has had the identity of an individual permanently removed.

Your use of the NYX Websites and/or provision of your Personal Information or sensitive Personal Information to NYX constitutes your consent to the use, storage, processing and transfer of that information in accordance with this Privacy Statement.

QUESTIONS

If you have any questions or complaints regarding this Privacy Statement, please contact us at studio@nyxcycle.com.  If you have any questions about the NYX Websites, please contact us at studio@nyxcycle.com, or send a letter to:

NYX. Cycle+Fitness, LLC
2515 N. Scottsdale Road, Suite 20-21
Scottsdale, AZ 85257

CHANGES TO THIS PRIVACY STATEMENT

We will update this Privacy Statement from time to time, so please check back periodically.

If at any point we decide to use Personal Information in a manner that is materially different from that stated at the time it was collected, we will endeavor to notify you of such changes (e.g., we will post a revised Privacy Statement with a new effective date, display the word “updated” next to the Privacy Policy link on each page on the NYX Websites, or otherwise) prior to implementing them.

PART I – NYX WEBSITES PRIVACY POLICY

Throughout NYX Websites, there are forms for visitors to request information, products, and services. We use Personal Information from these forms to provide the products, promotional materials, or memberships that you request.

Forms on the NYX Websites that request financial information do so in order to bill you for products or services ordered. Unique identifiers (such as your email) are collected from website visitors to verify the user’s identity for access to restricted content or features on the NYX Websites.

This Privacy Policy discloses NYX’s privacy practices and contains detailed information about the following:

  • What information do we collect?
  • What are “cookies” and how does NYX use them?
  • Do we share information with third parties?
  • How do we use the information we collect?
  • How can you review and modify your Personal Information?
  • What is the opt-out policy for NYX Websites?
  • Your California privacy rights
  • Your European privacy rights
  • What types of security procedures are in place to protect against the loss, misuse or alteration of your information?
  • How do NYX Websites use bulletin boards, discussion lists, and moderated chats?

1.     What information do we collect?
NYX Websites collect the following Personal Information about site visitors:

a)    Site Use Information

NYX collects technical information relating to each time a visitor comes to a NYX Website, including IP address, browser type and version, time zone settings, browser plug-in types and versions, operating system and platform type (e.g. Internet Explorer browser on a Windows platform).

We may also collect information about your visit, including pages you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.

Gathering this technical information helps us to learn what browsers we need to support and helps us determine what sections of NYX Websites are most popular and how many visitors come to our site(s). You do not have to register with NYX Websites before we can collect this information.

b)    Information Provided to NYX

You (or in the case of NYX Employer Programs, your employer) may provide Personal Information to us which may include your name, home and/or work email address, postal address, phone number and/or fax number, your employer and job title, demographic information about you including birth year, certification designation, etc., and if you are making a purchase, your credit card information. Such information is only required to take advantage of optional products and services provided through NYX Websites.

NYX collects Personal Information in the following ways from different parts of the NYX Websites:

  • Membership Applications: You are sharing Personal Information with us when you join or renew your membership in NYX through the NYX Websites or NYX applications. NYX members will have NYX membership log-in credentials which enable members to take advantage of restricted content and features on NYX Websites and applications.
  • Other Registration: When registering for specific services we may ask for the same type of Personal Information. For example, if you subscribe to an e-mail newsletter, we will ask you to provide your e-mail address.
  • Online Purchases: When you make a purchase using the NYX Websites or application or when you subscribe to a NYX publication through the NYX websites we may also ask for the same type of Personal Information. The number and variety of useful services on NYX Websites that may require the collection of Personal Information about you will continue to grow in the future.
  • Employment Applications: When you apply for employment with NYX using the NYX Websites, we may ask for your Personal Information, including copies of your Resume or CV, and any other information required to verify your qualifications.
  • NYX Employer Programs:  When you participate in certain NYX programs purchased by your employer, used for assessment, training and other workplace growth opportunities, we may collect your Personal Information from you or your employer, such as name, e-mail address, or other information required in order for you to participate in the program.

2.     What are “cookies” and how does NYX use them?

A cookie is a small text file containing a unique identification number that is transferred from a website to the hard drive of your computer. This unique number identifies your web browser to NYX computers whenever you visit NYX Websites.

The use of cookies is an industry standard, and cookies are currently used on most major websites. Most web browsers are initially set up to accept cookies. If you prefer, you can reset your browser to notify you when you have received a cookie. You can also set your browser to refuse to accept cookies altogether.

While NYX does not require you to use cookies, keep in mind that certain services will not function properly if you set your browser to refuse all cookies. To help serve you better, NYX generally uses cookies to:

  • Identify return visitors. Cookies let us remember your web browser so we can provide personalized member services such as My NYX and NYX search agents. Cookies also allow us to identify NYX members who are returning to the site.
  • Display advertisements. NYX uses an outside ad company to display NYX-approved ads on our website and other websites. While we use cookies on other parts of our website(s), the cookies received with banner ads are collected by our ad company. These cookies allow NYX to manage the delivery of ads.

3.     Do we share information with third parties?

Personal Information collected through NYX Websites is generally collected and maintained solely by NYX or its contracted vendors.

We may share Personal Information in the following ways:

a)    Information You Give Us

  • Personal Information provided when you register for services or products. When you provide Personal Information about you on NYX Websites to register for a service, buy a product, or take advantage of a promotion NYX will share such Personal Information as necessary to the complete the transaction requested by you.  NYX also reserves the right to sell or otherwise provide to selected third parties, mailing/information lists derived from such registrations. These third parties may contact you directly regarding their products and services.If you wish to opt out of the sale/distribution of such lists to third parties at any time, you may do so by following the directions in Item 6 below.
  • Information provided when joining or renewing membership in NYX. If you join or renew your NYX membership through the NYX Websites, you provide Personal Information about you on the membership application. NYX will share such Personal Information as necessary, to complete the transaction requested by you.  NYX also reserves the right to sell or otherwise provide mailing/information lists concerning members to selected third-parties.If you wish to opt out of the sale/distribution of such lists to third parties at any time during your NYX membership, you may do so by following the directions in Item 6 below.

NYX does not sell to third-parties, e-mail addresses obtained from NYX member applications or renewals (except that NYX will rent a member e-mail address if that member has expressly opted in to allow such rentals).

If you join or renew membership in NYX such Personal Information will also be subject to the privacy policy of the NYX.

  • Information provided when you apply for employment with NYX.  If you apply for a position with NYX, you provide Personal Information required to verify your employment qualifications, including copies of your Resume or CV, in order to do required background checks and education and employment verification, including your employment status, as required by law or NYX policy.  NYX does not sell or share Personal Information related to employment applications except as necessary to process the application, to conduct the required background checks and education and employment verification, or as necessary to comply with legal obligations.Sensitive Personal Information.  NYX does not share with third parties, sensitive Personal Information such as passcodes, social security numbers, credit card numbers, felony conviction information, or health information except as necessary to complete transactions requested by you, to process employment applications, or to comply with legal obligations, and under strict confidentiality and security protections; nor does NYX publish such sensitive Personal Information.

b)    Site Use Information

We disclose to third-party sponsors/advertisers aggregate statistics (i.e., impressions and click-throughs on a company’s advertisement).

In addition, we may share aggregate website statistics with the media or other third parties. We do not disclose Personal Information to these sponsors/advertisers or other third parties as part of this process, only information in an aggregate form.

4.     How do we use the information we collect?

We use your Personal Information according to the terms of the Privacy Policy in effect at the time of our use. We will only process your Personal Information, including sharing it with third parties, where (1) you have provided your consent which can be withdrawn at any time, (2) the processing is necessary for the performance of a contract to which you are a party (including your membership agreement with us), or in the case of NYX Employer Programs, for the performance of a contract between NYX and your employer, (3) we are required by law, (4) processing is required to protect your vital interests or those of another person, or (5) processing is necessary for the purposes of our legitimate commercial interests, provided your interests and fundamental rights do not override those interests.

We use Personal Information for the following purposes:

a)    Information You Give Us

We use the Personal Information you give us:

  • to carry out our obligations arising from your membership, and any other agreement entered into between you and us, or in the case of NYX Employer Programs, between your employer and us
  • to update and renew your membership as required
  • to provide you with the information, products and services you request from us
  • to arrange and deliver conferences, events and programming relevant to your job and subjects of interest
  • to respond to your questions and provide related membership or customer services
  • to improve the NYX Websites
  • to send you NYX publications, information about member benefits and special offers, and other information that NYX believes is relevant and useful to its members, where you have not opted out of receiving such information; we may automatically process your information to determine which products and services may be of most use to you.
  • to send you third party information that NYX believes is relevant and useful to you, where you have given your consent
  • to notify you about changes to your membership or related services or to ask you to provide feedback
  • to enable you to partake in a prize draw, competition or complete a survey
  • to administer and protect our business and websites (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
  • for those who apply for employment with NYX, to process your employment application, including background checks and education and employment verification, as applicable
  • to comply with all applicable laws or legal processes, including providing information on individual users to the appropriate governmental authorities where required by law enforcement or judicial authorities

a.   in matters involving a danger to personal or public safety, or to protect the rights, property or safety of NYX, our members, customers, certificants or others, NYX may voluntarily provide information to appropriate governmental authorities

b.   in some cases members may receive products or services, which are paid for by their government employer, and as a result of payment by the government employer, the record must be open for public access pursuant to applicable law, such as the Florida Public Records Act, and NYX will share such information pursuant to those laws

c.   in some cases members who are veterans may receive products or services, which are paid for by the Department of Veterans Affairs (VA), and as a result of payment by the VA, the record must be made available to the VA pursuant to VA regulation, and for processing payment, and NYX will share such information pursuant to such regulations.

b)    Site Use Information

As mentioned above, NYX uses the aggregate, anonymous data collected to let our sponsors/advertisers know the number of impressions or views and the number of “click throughs” on their advertisement(s).

NYX also uses this aggregate, anonymous data to perform statistical analyses of the collective characteristics and behavior of visitors to NYX Websites; to measure user interests regarding specific areas of NYX Websites; and to analyze how and where best to use our resources.

Without such data, we would not know which parts of NYX Websites are the most popular, and we would not be able to change and update the content and services appropriately.

c)    Information Collected in Connection with Certification and Recertification

d)    Exceptions           

On occasion NYX collects Personal Information through NYX Websites with the intent to afford a greater degree of privacy for such information than is otherwise set forth in this privacy policy.

In those relatively rare situations where NYX does so it will clearly disclose to you at the time it collects such information, what degree of privacy will be afforded to the Personal Information collected at such time; and NYX will follow a process to assure that the specifically disclosed degree of privacy is in fact afforded to such information.

For example, NYX may collect survey information through a survey where NYX’s use of any Personal Information from that survey is more limited than the general NYX Privacy Statement would otherwise allow; in such a case, NYX will disclose the stricter privacy policy governing that survey information at the time such Personal Information is collected from the survey respondent.

5.     How can you review and modify your Personal Information?

You have the following options for modifying or causing to be deleted Personal Information or demographic information previously provided by you to NYX or its subsidiaries.

NYX

  • E-mail: studio@nyxcycle.com
  • Send mail to the following postal address: NYX Cycle+Fitness, LLC , 2515 N. Scottsdale Road, Suite 20-21, Scottsdale, AZ 85257.

6.     What is the opt-out policy for NYX Websites?

NYX provides members and customers with the opportunity to opt-out of receiving communications from us and our partners. If you no longer wish to receive specific communications or services, you have the following options:

NYX

  • E-mail: studio@nyxcycle.com
  • Send mail to the following postal address: NYX Cycle+Fitness, LLC , 2515 N. Scottsdale Road, Suite 20-21, Scottsdale, AZ 85257.

7.     Your California Privacy Rights

For California Residents Only.  NYX may disclose your Personal Information to our subsidiaries or other third parties who may use that information to market directly to you.  As a California resident, you have the right to opt-out of having your Personal Information licensed to such third parties.  We will not share your information after we have received your notification that you are opting out.  If you wish to opt-out you have the following options:

NYX

  • E-mail: studio@nyxcycle.com
  • Send mail to the following postal address: NYX Cycle+Fitness, LLC , 2515 N. Scottsdale Road, Suite 20-21, Scottsdale, AZ 85257.

9.     What kinds of security procedures are in place to protect against the loss, misuse or alteration of your information?

NYX Websites have security measures equal to those reasonably expected in the industry, such as firewalls, in place to protect against the loss, misuse and alteration of your Personal Information under our control. While we cannot guarantee that loss, misuse or alteration to data will not occur, we take reasonable precautions to prevent such unfortunate occurrences. Certain particularly sensitive information, such as your credit card number, collected for a commercial transaction is encrypted prior to transmission.

You are ultimately responsible for the security of your NYX login credentials. You may not share your NYX login credentials with colleagues or friends so they can access content or features that are restricted to NYX members only. You should log out of your browser at the end of each computer session to ensure that others cannot access your Personal Information and correspondence, especially if you share a computer with someone else or are using a computer in a public place like a library or Internet cafe.

PART II – NYX PRIVACY POLICY FOR INFORMATION COLLECTED OTHER THAN THROUGH NYX WEBSITES

If you submit Personal Information to NYX through any channel other than NYX Websites, the same privacy rules set forth at Part I above for NYX Websites will be applied to such Personal Information you submit through channels other than NYX Websites (including without limitation your opt-out rights at Part I, Section 6 above), except as follows:

  • The “cookies” and other tracking devices used by NYX Websites and described in Part I above do not apply to Personal Information gathered through channels other than NYX Websites.
  • Hardcopy Personal Information provided to NYX which is not converted to electronic media and hosted by NYX will be subject to different security procedures than will stored electronic Personal Information. NYX has security measures equal to or better than those reasonably expected in the industry, in place to protect against the loss, misuse and alteration of your hardcopy Personal Information under our control.
  • When NYX collects Personal Information through channels other than NYX Websites it may in some instances apply a different privacy policy to such information; but where it does so it shall conspicuously disclose to you at the time of collection what privacy policy will apply to such information.  For example, NYX may collect survey information through a survey where NYX’s use of any Personal Information from that survey is more limited than the general NYX Privacy Statement would otherwise allow; in such a case NYX will disclose the stricter privacy policy governing that survey information at the time such Personal Information is collected from the survey respondent.

Privacy Policy Effective October 6, 2023