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Privacy Policy

Revised December 30, 2019

 

 

This Privacy Policy is provided by In-Shape Health Clubs, LLC, and its subsidiaries and affiliates (collectively, “we,” “us,” “our,” “Company,” or “ISHC”) and applies to the Personal Information that we collect and use relating to consumers and users (“users,” “consumers,” or “you”). This Privacy Policy is applicable to the businesses, websites and mobile applications operated by us, including the website or mobile application from which you accessed this Privacy Policy (our websites and mobile applications are collectively referred to as “Websites”). It also applies to the related services that we provide through our Websites (the “Services”).

By using the Websites and/or the Services and providing us with Personal Information you agree to the practices described in this Privacy Policy and our Terms of Use and to the updates to these policies posted here from time to time. To make sure you stay informed of all changes, you should check these policies periodically.

 

READ THIS PRIVACY POLICY. BY USING YOU AGREE TO BE BOUND BY THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, DO NOT USE THE WEBSITE OR SUBMIT PERSONAL INFORMATION TO US IN ANY MANNER.

 

A.  Definition of Personal Information

For purposes of this Privacy Policy, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. 

 

B.  California Consumer Privacy Act (“CCPA”) Disclosures and Rights; Do Not Sell

 

1. Personal Information We May Collect

We may collect the following Personal Information from you: your name, alias, postal address, any unique personal identifier we create for your, such as a membership or account number, IP address, email address, account name, signature, physical characteristics or description, telephone number, insurance policy number, employment information, bank account number, credit card number, debit card number, or any other financial information, medical information, age, marital status, medical condition, disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), veteran or military status, records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, browsing history, search history, information on your interaction with the Websites, physical location or movements, audio, electronic, visual, thermal, olfactory, or similar information, and profile of your preferences, characteristics, psychological trends, predispositions, behavior, attitudes,  abilities, and aptitudes derived from your Personal Information.

 

2. Sources of Personal Information We May Collect.

Identifiers such as e-mail addresses and other Personal Information of visitors, such as a first and last name, home or other physical address or telephone number, are known to the Company only when voluntarily submitted, for example, via registration for sweepstakes, content submissions, suggestions or participation in online interactive activities or in connection with making online purchases of the Company's services and is used for such purposes, or via referrals from other members or guests or in connection with purchases of a multi-person membership that include you as a member. For example, you may submit your name, postal address, e-mail address, signature or other information in order to receive information about various subjects, register for programs, contact customer service, respond to surveys, or enroll yourself or a family member as a health club member. Similarly, financial information of visitors, such as credit or debit card numbers, is known to the Company only when voluntarily submitted in connection with purchasing goods or services available through the Company's Websites, in which case certain commercial information, such as products or services purchased or considered, is also known. Such identifiers, financial information and commercial information is collected for the purpose of facilitating such sweepstakes, sales, etc. and for transacting a sale and supporting a consumer's use of any purchased products or services (for example, health club membership and access). Such information may also be used to evaluate and improve our customers' experience, analyze trends, administer our facilities, review of the number of visitors to our clubs and track members' and guests' use of our facilities.

Certain Internet or other electronic network activity information of visitors is recorded by the standard operation of Internet servers of the Company. Information tracked includes the visitor's type of operating system (e.g., iOS, Android, Windows) and the type of browser (e.g., Internet Explorer, Chrome, Firefox, Safari). Like many other websites, the Company makes use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and number of clicks. In addition, certain Personal Information may be collected using various technologies, such as cookies, Internet tags, and web beacons. As detailed more particularly below, the Websites use cookies to track visitor preferences. Collectively, this information is primarily used to provide an enhanced online experience for the visitor and to analyze trends, administer the site, track user's movement around the site, and gather demographic information, IP addresses, and other such information. Other uses of this information include internal review of the number of visitors to the site, but only in an aggregate and non-personally identifiable form.

If you access our Websites through a mobile device, we may collect the geolocation data such as the physical location of your device by, for example, using satellite, cell phone tower, or Wi-Fi signals. We may use your device's physical location to provide you with location-based services and content and to learn when you have checked into one of our clubs. You may be able to allow or deny such uses of your device's location by changing your device's location settings, but if you choose to deny such uses, we may not be able to provide you with location-based services and content.

We may also obtain Personal Information about you from disclosures made through third party social networking providers and advertising companies and through other publicly available sources.

 

3. Use of Personal Information

In addition to any other uses set forth herein, Personal Information may be used: (1) to help us better understand visitors' use of the Websites; (2) to respond to specific requests from visitors; (3) to provide notices to visitors, such as marketing information, discount coupons and new product offerings; and (4) to protect the security or integrity of the Websites. In addition, certain Personal Information may be submitted through online forms on the Websites necessary to provide services offered by us. After you have entered Personal Information into a form or data field on the Websites, we may use certain identifying technologies to allow that website to "remember" your personal preferences, such as sections of the Websites that you use frequently. We may also use Personal Information for other business purposes, such as to offer you the opportunity to receive notices regarding the Company's products or services, to invite you to participate in surveys about our services, or to notify you about special promotions, and for purposes of data analysis, audits, fraud monitoring and prevention, developing new products and services, enhancing, improving or modifying our services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.

We may also use or disclose Personal Information we collect for "business purposes" or "commercial purposes" (as defined under the CCPA), which may include the following examples:

  • Auditing Interactions with Consumers. For example: monitoring traffic to our Websites.
  • Security. For example, maintaining the safety, security, and integrity of our Website, products and Services, databases and other technology assets and our business, including preventing fraud, detecting security breaches and prosecuting violators, and responding to law enforcement requests and meeting requirements of applicable law, court order, or governmental regulations.
  • Debugging/Repair. For example, identifying and repairing errors in our Websites' functionality.
  • Performing Services. For example, creating, maintaining, customizing and securing your account with us, processing your purchases, transactions, and payments, hosting our Websites, managing databases, performing analyses, billing, and marketing services such as managing promotions and sweepstakes.
  • Internal Research. For example, testing, research, analysis, and product development, including to develop and improve our Website, products, and Services.
  • Quality and Safety Maintenance and Verification. For example, improving, upgrading or enhancing our products, Services or Websites, and verifying the quality or safety of our Websites or Services.
  • Other Commercial Purposes. For example, as described to you when collecting your Personal Information such as for promotions, or to evaluate our business and assets.

 

4. Consolidation of Personal Information

We may consolidate and anonymize the Personal Information of individuals who use the Websites and use such information to help us better design the Website and our products, to communicate information to you, to enhance our marketing and research activities, to facilitate other business functions and for the other purposes set forth in this Privacy Policy.

 

5. Limitations on Collection of Personal Information

You may always limit the amount and type of actively-transmitted Personal Information that the Company receives about you by choosing not to enter any Personal Information into forms or data fields on the Websites. However, some online services can only be provided to you if you provide appropriate Personal Information; for example, certain financial and other Personal Information is required to purchase a membership. Other parts of the Websites may ask whether you wish to opt out or opt in to contact lists for offers, promotions and additional services that may be of interest to you.

You may also be provided with preference questions or preference boxes allowing you to indicate that you do not want the Websites to use tracking technologies, such as cookies, to "remember" your Personal Information, such as user IDs or mailing addresses, on return visits. However, if the Member Hub uses tracking technologies to collect unidentifiable information, it will not generally provide you with the ability to opt out of the tracking technologies. Some internet browsers allow you to limit or disable the use of tracking technologies that collect passively-transmitted information. More detailed information about cookie management or other passive transmissions by specific web browsers can be found at the browser's respective websites.

 

6. Sale and Disclosure of Personal Information

We do not “sell” (as we understand the meaning of that term as defined in the CCPA) your Personal Information.  According to the CCPA, “sell” means: “Selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a third party for valuable consideration; or (B) sharing orally, in writing, or by electronic or other means, a consumer's personal information with a third party, whether for valuable consideration or for no consideration, for the third party's commercial purposes.”

We only disclose Personal Information to our Service Providers with whom we have a business relationship for a specific business purpose directly related to the information we share. For example, we provide our payment processing providers with names, addresses, bank and/or credit card account numbers, and similar information for the sole purpose of allowing them to process your payments to us. 

The categories of information we may provide to our Service Providers may include your name, alias, postal address, any unique personal identifier we create for your, such as a membership or account number , IP address, email address, account name, signature, physical characteristics or description, telephone number, insurance policy number, employment information, bank account number, credit card number, debit card number, or any other financial information, medical information, age, marital status, medical condition, disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), veteran or military status, records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, browsing history, search history, information on your interaction with the Websites, physical location or movements, audio, electronic, visual, thermal, olfactory, or similar information, and profile of your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, abilities, and aptitudes derived from your Personal Information.

 

7. Disclosing Personal Information to Other Parties

We may disclose your Personal Information to the following categories of other parties for a business purpose or commercial purpose, as those terms are defined in the CCPA:

  • Our affiliates and subsidiaries
  • Service providers with whom we have business relationships
  • Government regulators upon proper request
  • Our legal advisors and parties involved in a legal process
  • To an entity involved in the sale of our business
  • Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with products or Services we provide to you

 

8. Your CCPA Privacy Rights and Choices

The CCPA provides you with specific rights regarding your Personal Information as described below.

  • Right to Know about Personal Information Collected, Disclosed, or "Sold" - You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. After we receive and confirm your verifiable consumer request, we will disclose to you within the time required by the CCPA, the relevant information, which may include: the categories of Personal Information we collected about you, the categories of sources for the Personal Information we collected about you; our business or commercial purpose for collecting or selling that Personal Information, the categories of third parties, if any, with whom we share that Personal Information, the specific pieces of Personal Information we collected about you (also called a data portability request), and if we sold your Personal Information, or disclosed your Personal Information for a business purpose, two separate lists disclosing: (i) sales, identifying the Personal Information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

 

  • Right to Request Deletion of Personal Information - You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions, including if we need the Personal Information for a reason related to our business, such as providing goods or Services to you, detecting and resolving issues related to security or functionality, complying with legal obligations, conducting research in the public interest, exercising free speech or ensuring another’s exercise of free speech, or using the information for internal purposes that a consumer might reasonably expect.  After we receive and confirm your verifiable consumer request, we will delete your Personal Information from our records within the time period required by the CCPA, unless an exception applies.

 

9. Exercising Your Rights

To exercise the rights described above, please submit a verifiable consumer request as described in the How to Contact Us Section below. You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include: providing your email and phone verification, known customer information, and/or account sign-up authentication or other information needed to verify your identity depending on the sensitivity of the Personal Information in question.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

 

10. Response Timing and Format

We use good faith efforts to respond to a verifiable consumer request within forty-five (45) days after its receipt. If we need more time (up to 90 days), we will inform you of the reason and the needed extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by email.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. If we cannot comply with any portion of a request, the response we provide will also explain why, if applicable. For data portability requests, we will select a commercially reasonable format to provide your Personal Information that is commonly useable and should allow you to transmit the information from one entity to another entity without hindrance, but we do not guarantee that all formats are useable in all media. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

 

11. Non-Discrimination for the Exercise of CCPA Privacy Rights

We will not discriminate against you for exercising any of your CCPA rights. In particular, we will not deny you goods or services, charge you different prices for goods or services, whether through denying benefits or imposing penalties, provide you with a different level or quality of goods or services, and/or threaten you with any of the foregoing.

 

12. Do Not Sell My Personal Information

The CCPA requires businesses that “sell” Personal Information to provide a web page where consumers can opt out of the ''sale" of their Personal Information. As mentioned above, however, we do not sell Personal Information.

 

C.  California Do Not Track Disclosures

We do not currently respond to browser Do Not Track signals or other browser or device based mechanisms that provide a method to opt out of the collection of information across the networks of websites and online services in which we participate. Unless and until the law requires us to respond to browser Do Not Track signals, we will not respond to those signals as an opt out, but if we do so in the future, we will describe how we do so here. For more information on Do Not Track, please visit allaboutdnt.com.

In addition, you may opt out of certain interest-based advertising by using the following resources:

  • You may opt-out of tracking and receiving tailored advertisements on your mobile device by some mobile advertising companies and other similar entities by downloading the App Choices app at www.aboutads.info/appchoices.
  • You may opt-out of receiving permissible targeted advertisements by using the NAI Opt-out tool available at optout.networkadvertising.org.
  • You may opt-out of having your activity on our Websites and Services made available to Google Analytics by installing the Google Analytics opt-out add-on for your web browser by visiting: tools.google.com/dlpage/gaoptout for your web browser.

 

D.  Cookies

Cookies and similar technologies are small files that a website or its service provider transfers to a computer's hard drive through a Web browser (if the user allows) that enables the website's or service provider's systems to recognize the user's browser and capture and remember certain information.

In general, we and our third party providers use cookies and other technologies to optimize the functionality of the Websites, to help us understand how the Websites are used.

 

E.  Security

We use commercially reasonable procedures and various technical, administrative and physical safeguards to help protect the confidentiality of Personal Information. However, no data transmitted over the Internet or stored or maintained by us or our third-party service providers can be 100% secure given the reality of communication via technology systems. Therefore, although we believe the measures implemented by us are commercially reasonable and reduce the likelihood of security problems to a level appropriate to the type of data involved, we do not promise or guarantee, and you should not expect, that your Personal Information or private communications sent to us over those systems will always remain private or secure. We are not responsible for the circumvention of any privacy settings or security features.

If you believe that your Personal Information has been accessed or acquired by an unauthorized person, please promptly contact us in one of the manners set forth in the How to Contact Us Section below so that necessary measures can quickly be taken.

 

F.  Third Party Links

Our Websites or Services may contain links to other websites or services that are not owned or controlled by us, including links to social media platforms, or may redirect you off our Website away from our Services to other websites for information or other services. This Privacy Policy only applies to information collected by our Websites and Services. We are not responsible for the privacy and security practices of those other websites or social media platforms or the information they may collect (which may include IP address). You should refer to such third parties' privacy policies on their sites to determine their respective privacy practices. Links to any other website’s or content do not constitute or imply an endorsement or recommendation by us of the linked website, social media platform, and/or content.

 

G.  Children

Our Websites are not intended for use by children under the age of 13.  In addition, we do not knowingly collect information from children under the age of 16, although certain third party sites that we link to may do so. These third-party sites have their own terms of use and privacy policies and we encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide information on our Websites without their permission.

Involvement of parents: In accordance with the provisions of the Children’s Online Privacy Act, in the event that we do begin collecting any Personal Information or data from children under the age of 13, we will notify parents first, and will seek parental or guardian consent to collect, use and/or disclose certain Personal Information from children under the age of 13. A parent may review and have deleted their child’s Personal Information, and may refuse to permit further collection or use of their child’s information by contacting us as noted at the end of this Privacy Policy. Parents may consent to our collection and use of their child’s Personal Information without consenting to the disclosure of that information to others.

If you have reason to believe that a child under the age of 16 has provided Personal Information to us through a Website without the appropriate consent, please contact us as provided in the How to Contact Us Section below with sufficient detail to enable us to delete that information from our databases.

 

H.  Changes to Our Privacy Policy

We may amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated notice on our Websites and update the notice's "Revised" date. Your continued use of our Website and/or Services following the posting of changes constitutes your acceptance of such changes.

 

I.  California "Shine the Light" Law/Your California Privacy Rights

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits consumers who are California residents, to request and obtain from us once a year, free of charge, information about the categories of personal information (as defined in the Shine the Light law), if any, that we disclosed in the preceding calendar year to third parties for those third parties' direct marketing purposes. Our disclosure requirements apply only if we share our consumers’ personal information with third parties for them to directly market their own products to those consumers, instead of assisting us with our own business. If you are a California resident and would like to make such a request, contact us in one of the manners set forth in the How to Contact Us Section below.

J.  How to Contact Us

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your information described here, your choices and rights regarding such use, or you wish to exercise your rights under California law, please contact us as provided below:

 

  • To fill out a Data Information or Deletion Request online, please click here
  • You may also submit a Data Information or Deletion Request in person at our clubs
  • Call us at: (209) 472-2450
  • Email us at: consumerprivacy@inshape.com
  • Mail to:

Consumer Privacy, In-Shape, LLC
6  S. El Dorado Street, #600
Stockton, CA  95202

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