Important Note for California Residents
Please note that, in connection with the COVID-19 pandemic, the Company may screen members and guests for risk factors related to COVID-19 (including, for example, by measuring such persons’ temperatures and/or by asking members and guests if they have certain symptoms, if they have been in close contact with anyone who has exhibited such symptoms, if they have recently been in contact with anyone who has tested positive for COVID-19, or if they have recently traveled to certain parts of the world). In such cases, the Company is not collecting or retaining any such information; rather, the Company is simply screening individuals without keeping any records of such screenings. However, if the Company learns, or is otherwise informed, of a member or guest with a suspected or confirmed case of COVID-19, the Company may collect and/or use certain Personal Information of such member or guest (including identifiers such as first and last name, home or other physical address, telephone number and email address, and commercial information such as when the person visited a club) for contact tracing purposes. The Company also reserves the right to refuse entry to any person who presents a high risk of exposing members, guest, or employees to COVID-19 or who fails to comply with any of the Company’s COVID-19 related policies and procedures or with any applicable state or local COVID-19 related rules.
Definition of “Personal Information”
“Personal Information” means information that can be linked to a visitor, identifies any visitor, or could reasonably be used to identify such visitor that is, in each case, submitted to or collected by the Website and maintained by the Company in an accessible form, and it includes information actively submitted by you and passively collected information, as well as information submitted by other members and guests via referrals or in connection with the purchase of a multi-person membership, as described below.
Collection of Personal Information Online
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 or contests, content submissions, suggestions or participation in online interactive activities, or in connection with making online purchases of the Company’s services, 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 Website, 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, contests, 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 or by the Company’s advertising and analytics technology services, such as Google Analytics and Facebook Pixel. Like many other websites, the Company also makes use of log files. In relation to the above, information tracked includes the visitor’s type of operating system (e.g., iOS, Android, Windows), the type of browser (e.g., Internet Explorer, Chrome, Firefox, Safari), geographic location, internet protocol (IP) addresses, bounce rates, page views, actions taken on pages, referring/exit pages, user agent string, and other device metadata
As referenced above, the Website uses advertising and analytics technology services, such as Google Analytics and Facebook Pixel, which operate via cookies and pixel tags (or similar technologies) to track visitor preferences and provide personalization features. Collectively, this information is primarily used to provide an enhanced online experience for the visitor and to analyze trends, measure site traffic, administer the site, track user’s movement around the site, and gather demographic information, and retarget users (or similar users, also known as “look-a-like” audiences) to our website via advertisements on third-party digital properties. Given the CCPA’s broad definition of “sale,” except as otherwise discussed below, we consider disclosures of such information to our adtech and analytics partners as “sales” that users can opt-out of via our Do Not Sell My Personal Information link. In certain cases, we have contractually limited our partners, such as (i) agencies that help us with our campaigns and use of these advertising/analytics technology services or (ii) adtech or analytics partners that only process Personal Information on our behalf, so that any disclosures to these partners are not considered “sales.”
If you access our Website 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.
Use of Personal Information
In addition to any other uses set forth herein, Personal Information may be used: (1) to help the Company better understand visitors’ use of the Website; (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 Website. In addition, certain Personal Information may be submitted through online forms on the Website necessary to provide services offered by the Website. After you have entered Personal Information into a form or data field on the Website, the Company may use certain identifying technologies to allow the Website to “remember” your personal preferences, such as sections of the Website that you use frequently. The Company 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 products, 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.
Consolidation of Personal Information
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 Website. However, some online services can only be provided to you if you provide appropriate Personal Information; for example, certain financial and other information is required to purchase a membership. Other parts of the Website 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 Website 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 Website 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.
Transmission of Personal Information to Third Parties
Unless otherwise disclosed, Personal Information will not be transferred or otherwise disclosed to anyone other than authorized recipients, such as service providers or vendors that are reasonably needed to provide our various services and features (e.g., hosting vendors, customer support, security vendors, CRM providers). However, the Company reserves the right to disclose Personal Information to respond to authorized information requests from government authorities, to address national security situations, or when otherwise required by law, in the Company’s sole discretion.
To the extent that any of the sites accessible through the Website have different practices, those different practices will be applicable at those sites. The Company is not responsible for the practices, policies, or content applicable to third-party sites. Inclusion of a link to another site does not imply endorsement by the Company.
Some of these third-party companies may be participants in the Digital Advertising Alliance (“DAA”). The DAA offers a choice mechanism with respect to certain types of data collection and use. We adhere to the DAA’s Self-Regulatory Principles for Online Behavioral Advertising. Visit www.aboutads.info to exercise choice with respect to participants of the DAA. If you would like to opt-out from having the behavioral-based advertising companies with whom we have a relationship use your Personal Information for advertising purposes, you can do so by visiting the Network Advertising Initiative or Digital Advertising Alliance. If you change computers, devices, or browsers, use multiple computers, devices, or browsers, or delete your cookies, you may need to repeat this process for each computer, device, or browser.
Additionally, if the Company sells one or more of its product lines, divisions, or assets, Personal Information may be transferred to the buyer so that the buyer can continue to provide you with information and services. Similarly, if the Company purchases a product line or division or other assets from a third party, Personal Information may be transferred from the seller to us so that we may continue to provide you with information and services.
Personal Information may also be shared by the Company with its affiliates and its and their respective franchisees, and with vendors that help access and manage the information (all of the foregoing collectively, “authorized recipients”), but in all instances the information will be used only for the purposes enunciated in this policy.
Finally, if you are accessing the Website via a third-party site or otherwise in connection with obtaining discounted access to services offered by the Company or in connection with a third-party program offering rewards, reimbursements, benefits, or other incentives based on your use of the Company’s services (including a right to access to our clubs that is available through an employer, health insurer or other group, a “Third-Party Offer”), the Company may share your Personal Information (including identifiers such as a unique personal identifier and commercial information such as your use of such services or the number of times you visit a club each month) with the applicable third party in accordance with the terms of such Third-Party Offer but solely for the business purpose of facilitating the provision of such discounts, rewards, reimbursements, benefits or other incentives to you under Third-Party Offer. You may always request that we stop sharing such information. However, in that case, you may not be eligible to access our facilities or obtain any such rewards, reimbursements, benefits, or other incentives.
With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before cookies are stored. Please refer to your browser instructions or help screen to learn more about these functions.
Security of Personal Information
The Company makes an effort to ensure that Personal Information is protected while you are on the Website. However, the confidentiality of Personal Information transmitted over the Internet cannot be guaranteed. We urge you to exercise caution when transmitting Personal Information over the internet, especially Personal Information related to your health. The Company cannot guarantee that unauthorized third parties will not gain access to Personal Information; therefore, when submitting Personal Information to the Website, you must weigh both the benefits and the risks. Please also note that any emails you send us are not encrypted, and we strongly advise you not to communicate any confidential information in your emails to us. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us.
Links to Other Websites
Personal Information Related to Children: A Note for Parents or Legal Guardians
Consistent with the Children’s Online Privacy Protection Act, the Company is committed to protecting children’s privacy on the Internet. The Company does not intend to, or knowingly, collect any Personal Information (including online contact information) of children under the age of 18 through its Website, and we encourage parents or guardians to supervise their children’s online activities and to consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their names, addresses, and other personal information without your permission. If the Company becomes aware of a child under the age of 18 attempting to register on the Website, the Company will not accept the registration. Once the Company becomes aware of a child under the age of 18 providing Personal Information through the Website, it will attempt to delete that information. If your child has provided Personal Information through the Website, please contact us so it can be deleted. If you are under the age of 18, do not provide the Company with any Personal Information.
Acceptance of Privacy Terms and Conditions
Attn: Chief Privacy Officer
P.O. Box 54170
Irvine, CA 92619-4170
In all communications to the Company, please include the e-mail address used for registration (if applicable), the website address or the specific program to which you provided Personal Information, and a detailed explanation of your request. If you would like to delete or amend your Personal Information and are contacting us by e-mail, please put “Deletion Request” or “Amendment Request”, as applicable, in the subject line of the e-mail. We will do our best to respond to all reasonable requests in a timely manner, in accordance with applicable law.