This Privacy Policy is our commitment to keep your personal information and data secure and to maintain transparent, open-lines of communication between us – Modern Fitness Corporation, Inc. d/b/a SmartGym (“SmartGym” or “Company”) – and you. Please read this Privacy Policy carefully as it explains the manner in which we collect, use, and disclose of your personal information and/or data.

COLLECTION OF PERSONAL INFORMATION

We collect visitor data and analyze traffic on our Site. We collect only personal information that you provide to us or that is otherwise provided to us on your behalf. You may choose to provide certain personal information in order to access or use certain features or services of the Site, such as making a purchase, joining one of our clubs, paying your membership fees, requesting information, filling out an employment or franchise application, entering a sweepstakes or otherwise contacting us. Such information may include your name, phone number, e-mail address, mailing address, credit card, banking, or other information. This information helps us understand membership activity and interests, create statistics, and generate user engagement insights that help us improve our site, and/or our product or service offerings. When you visit our Site, the pages that you look at, and a short text file called a cookie, are downloaded to your computer. A cookie is used to store small amounts of information. This information is collected for traffic analysis only. The cookie does not contain personal details. Cookies and other similar technologies may be used on the Site and by third parties to collect information over time and across third party websites, to support the Site’s functionality and to improve user experience. Depending on the browser that you use, you can set your preferences to block/ refuse cookies, and/or notify you before they are placed. The information we receive depends upon your browser’s settings. This information typically includes your computer’s IP address, the address of the web page you were visiting when you accessed our Site, the name of the operating system installed on your computer, the name and version of the browser you are using and the date and time of your visit. We may link this information with your personal information, as we deem necessary for our business purposes. If criminal activity is suspected, we might need to share certain information with the appropriate investigative authorities. Such information may contain visitors’ IP addresses and other information that could be used to trace and identify individuals. You can always choose not to provide information, but it may limit your ability to use a particular service or feature on the Site.

USES OF YOUR PERSONAL INFORMATION

We may periodically send you newsletters, e-mails, texts, push notifications, alerts, or similar communications featuring sales and promotions, news about new SmartGym products and services, requests for your feedback, or other information we think may be of interest to you, in accordance with local law. You may stop receiving marketing communications from us at any time by following the instructions included in the message you received.

DISCLOSURE OF PERSONAL INFORMATION

SmartGym will not disclose, trade, rent, sell or otherwise transfer your personal information for purposes other than as those set out herein, except with your consent or as required or permitted by law. SmartGym may disclose your personal information to third party service providers or agents who provide services to or on behalf of SmartGym or its members such as, but not limited to, hosting, data management and storage services, sweepstakes providers, rewards benefits providers and retention services. Either SmartGym or such third party service provider may use servers for such purposes located in the United States or another foreign country. Your personal information may be processed and stored in the United States or such other foreign country and the governments, courts, law enforcement and regulatory agencies of that country may be able to demand disclosure of personal information pursuant to the laws of such country. We do not generally disclose your personal information to third parties without your consent unless required by applicable law. However, there are some situations in which we may disclose your personal information without your consent including, but not limited to:

• With current and future parent companies, subsidiaries and affiliated entities of SmartGym;
• With SmartGym franchisees, if you are a SmartGym member, visitor or guest at a SmartGym franchisee club location;
• With our third party service providers, as we deem necessary in connection with the services being provided to us or on our behalf;
• In connection with a merger, sale, corporate reorganization or similar business transaction involving SmartGym, its parents, subsidiaries, affiliates or one or more of its franchisees;
• When we are required or authorized by law to do so (for example, in response to a subpoena issued by a court); or
• If the information is already on the public record and the disclosure is directly related to the purposes for which it was recorded on the public record.

We may also share your personal information with third parties to use for their marketing purposes, in accordance with local law, if we think the products or services they offer would be of interest to you. If you are a member of a SmartGym location in Canada or a Canadian resident, we will only share such information if you have agreed to receive commercial electronic messages from our partners and us. If you unsubscribe from our commercial communications, we will no longer share your information with third parties for marketing purposes.

ACCESS TO YOUR PERSONAL INFORMATION

You have a right to challenge the accuracy and completeness of your personal information and to have it corrected, as appropriate. You may also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. If your request for access is denied, we will notify you in writing of the reason for such denial. To request access or to amend your personal information, please visit your home club.

MEMBERSHIPS

If you purchase a SmartGym membership through our Site, you will be required to provide certain information, including your name, address, birth date, gender, email address, and an emergency contact. You will also be required to provide similar information for other members on your membership. You will be required to provide financial account information. We use this information to establish and manage your membership. We will send you an email confirming your membership.

MEMBER INTEREST GROUPS

You may join member interest groups focused on your health or fitness interests through the Site. If you join an interest group, we may send emails to you with announcements, updates and information related to your interest areas, and you consent to receiving such communications.

DISCUSSION BOARDS AND FORUMS

Any personal information or other user content (e.g. , messages, text, files, images, video, photos, sounds or other materials) which you post, submit, transmit, email, message, upload, share, store or otherwise make available on a Discussion Board or Forum may be read, collected or used for any purpose by us and other users of the Discussion Board or Forum. We are not responsible for the personal information or other user content you choose to post in the Discussion Boards or Forums. We reserve the right to restrict, disable, suspend or terminate your access to or use of all or any parts of the Sites without prior notice or liability to you.

SECURITY MEASURES

Security for all personal information is extremely important to us. We follow generally-accepted industry standards to protect your personal information. When you create an account, we enable you to choose a username, password and security question answer in order to help protect access to the account. You are responsible to maintain the security and integrity of your username, password and security question answers. We encrypt sensitive Personal Information, such as your financial account information and personal health information, using secure socket layer technology (SSL) for data transmissions and industry standard encryption methods for data at rest. While we use commercially reasonable security measures, no method of internet transmission or electronic storage of Personal Information is 100% secure and therefore we cannot guarantee its absolute security; you provide us with your personal information at your own risk.

FRANCHISEES AND THIRD PARTIES

We may share your personal information with SmartGym franchisees, affiliates, and other third parties as set forth in this policy. We may also provide links to other websites that are not affiliated with us. We do not have control over such third parties’ use and handling of your personal information and we are not responsible for their privacy procedures. We recommend that you review their privacy policies and procedures before providing any personal information to them.

USE OF THIS SITE BY MINORS

This is a commercial website intended for use by individuals that are at least 18 years old. If you are less than 18 years old, you may not use this Site without the prior permission and supervision of your legal guardians. SmartGym does not accept members under the age of 13 and does not knowingly collect information from anyone under the age of 13.

PRIVACY POLICY UPDATES

We reserve the right to update or modify this policy at any time and from time to time without prior notice by posting a revised version of the policy on the Site. If we make material changes to this policy, we will notify you by means of a conspicuous notice on our homepage. Your use of the Site or any SmartGym facility following any revision to the policy constitutes your agreement that all personal information collected from or about you after the revised policy is posted will be subject to the terms and conditions of the revised policy. The date listed above indicates the most recent change or update to this policy.

TERMS AND CONDITIONS OF USE

Your use of this Site and any issues related to this Privacy Policy are subject to SmartGym’s Terms and Conditions of Use, which are located on our Site.

NOTICE TO CALIFORNIA RESIDENTS

California Civil Code 1798.83 permits residents of California to request from SmartGym a notice disclosing: (1) the categories of personal information we have shared with third parties, if any, for the third parties’ direct marketing purposes, during the preceding calendar year, and (2) the names and addresses of those third parties. To make such a request, please contact our Corporate Office at:

SmartGym
Attn: Legal Department
4835 E. Cactus Rd., Ste. 215
Scottsdale, AZ 85254

If you have any questions or concerns about our privacy practices, please e-mail [email protected].

QUESTIONS

If you have any questions or concerns about this Privacy Policy, please write to SmartGym at:
Attn: Legal Department
4835 E. Cactus Rd., Ste. 215
Scottsdale, AZ 85254