Please review our information, legal terms and Terms and Conditions of use before using the Site.
Last Updated: January 1, 2016
COLLECTION OF PERSONAL INFORMATION
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.
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 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.
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
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:
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].
Attn: Legal Department
4835 E. Cactus Rd., Ste. 215
Scottsdale, AZ 85254