LIVE FIT GYM PRIVACY POLICY
Updated as of April 03, 2023
INTRODUCTION
This Privacy Policy explains how Live Fit Gym may collect, use and disclose personal and other information we may receive when you use the Live Fit Gym website (the “Website”) or certain services of the Live Fit Gym facilities (“Services”). By visiting this Website, using our Services, or otherwise providing us with your personal information, you acknowledge, permit, and agree to be bound by the terms of this Privacy Policy. As used herein, “Live Fit Gym,” “we,” “our,” and “us” all refer to the entire Live Fit Gym family of companies, including parent, sibling, and subsidiary companies and all others operating or authorized to offer facilities and/or Services under the Live Fit Gym name and/or trademark/servicemark. This Privacy Policy (in its present form and as may be amended or updated from time to time) is a part of every Live Fit Gym member’s membership and membership agreement and also applies to anyone who visits our Website, signs up for a free pass, or otherwise interacts with us. For further information, contact us as provided below.
We take privacy matters seriously. We respect and are committed to protecting your privacy. We provide this policy to educate you about your rights in general and to give you confidence as you visit and use our services online and offline, and to show our commitment to fair information practices and protection of your privacy.
Unlike many of our competitors, WE DO NOT SELL YOUR PERSONAL INFORMATION. When we use direct mailing, the platforms we use allow you to opt out. Our sales platforms allow you to opt in. We only use platforms we believe are secure and cover all the legal bases that apply to Live Fit Gym.
INFORMATION LIVE FIT GYM MAY COLLECT
ABOUT ONLINE TRACKING: We collect and store personal information once a visitor to our Website signs up for a free pass, even if they are not yet a member. Upon completing our free pass form with personal information (phone, email, name, location & service preferences) we use this information for marketing and retargeting purposes. WE ONLY USE THIS INFORMATION OURSELVES: WE DO NOT SELL THIS INFORMATION. We need this information to provide requested services, so accordingly our Website does not support “Do Not Track” browser settings and we do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your personal or non-personally identifiable information.
OTHER SOURCES OF INFORMATION: We also receive and retain information about you in other ways, including via your membership application, payments, and communications with us (including employment applications, for those seeking to be employed by us). However, if that does change, this policy statement tells you about how we might use your information that we might collect or receive.
“Personal Information” is information which personally identifies you. When you register for a free pass, membership, visit a business’s facilities, use its services, contact it, or interact with it on social media, you may provide the business with Personal Information including your name, date of birth, gender, e-mail address, social media handles, phone number, and your address.
“Account Information” is information about your account or membership, potentially including the type of membership and its effective dates, billing information, any username or password, and information relating to use of services, like records of products and services bought, personal preferences, and notations made about your communications with the business.
“Financial Information” is information about your payments, like credit card numbers.
“Traffic Data” is information a business may get when you visit or use its website or App, and also generic user information collected via common information-gathering tools (e.g., cookies and web beacons). Traffic Data may include information like your computer’s Internet Protocol (“IP”) address, browser type and version, the type of mobile phone you use to access Services, the operating software and firmware used by your mobile phone, the pages you visit and the time spent on those pages, the time and date of your visit, and other data generated from cookies. (“Cookies” and other similar technologies may be used on a business’s website and by third parties to collect information over time and across third party websites, to support the website’s functionality and to improve user experience. You can set your browser to reject cookies, but doing so may affect or limit the use of certain features and functionality of the website.)
Live Fit Gym is a business and collects and retains Personal Information that you give us or that is given to us on your behalf. You may need to give us personal information to access or use certain features or services of our Website or Services (e.g., purchasing, getting a free pass or becoming a member, making payments, asking for information, filling out an application, texting or messaging us, using cardkeys or other technological devices to access facilities or equipment, or applying for employment). We may also collect personal information from social media platforms and sites.
Please note that our Website may link to or otherwise connect with third party websites. For instance, the “careers” link connects to a page about employment, which is handled for us by an outside contractor, ADP. Third party contractor and provider pages which may be linked or otherwise connected to our Website are subject to the privacy policies of those third parties.
HOW LIVE FIT GYM MAY USE COLLECTED INFORMATION
We may process your Personal Information as indicated in this Privacy Policy: (1) with your consent; (2) for compliance with a legal obligation to which we are subject; (3) to perform a contract with you; (4) to protect your vital interests, or (5) when we believe it is reasonably necessary for our or a third party’s legitimate interests and believe it does not override your rights and freedoms, including your right to have your Personal Information protected. Note that your consent is automatically given to us when you ask us for information or a service and we need your information to provide the information or service.
We will disclose your Personal Information where required to do so by law or subpoena or if we believe such action is necessary to comply with law or the reasonable requests of law enforcement or to protect the security or integrity of our Service.
We may use your Personal Information to operate and improve our facilities, business and Services. This may include making offers to you and telling you about our products and Services; establishing, managing. Administering, personalizing, and improving your membership, account, and experience; responding to communications from you or a third party; optimizing our Website and customer experience; providing customer support; and ensuring that our operations are conducted in an appropriate and efficient manner. We may also, with your consent, use your Personal Information to perform analytics like market research, trend analysis, and financial analysis.
We may also use your Personal Information to protect against and prevent safety and security issues, fraud and other criminal activity, claims and other liabilities, and to comply with and enforce applicable legal requirements, relevant industry standards, and our policies and terms.
We may also use your Personal Information to send important notices, like communications about your membership and changes to our policies.
We may collect Account Information to provide and improve our Services, respond to your requests/inquiries, service your account, and communicate about your membership.
We may collect Financial Information to process payment for products or services purchased.
We may collect Traffic Data to provide and improve our Services and to advertise to you.
We may link or combine the personally identifiable information we receive about you with non-personally identifiable information we receive about you, like the Traffic Data we could collect automatically when you visit to our Website or use some of our Services. This lets us give you a more personalized experience and helps us improve our Services. If we combine non-personally identifiable information with personally identifiable information, the combined information will be treated as personally identifiable information for as long as it remains combined.
We may retain your personally identifiable information for as long as you have a membership with us, and for as long as needed to fulfill the purposes for which we collected it, including our legitimate business interests like compliance with legal or reporting requirements. If you ask to deactivate your membership or ask us to erase your personally identifiable data, subject to up to 30-days for back-ups, we will erase all the personally identifiable information you have provided, although the retention period may be longer if we have to keep your information because of a legal action, investigation, or other similar proceeding, or if a longer retention period is required or permitted by applicable law.
We won’t sell, otherwise disclose, or share information we collect about you except as described in our Privacy Policy.
We may share your personal data with third parties as described below:
We may share your information with our business affiliates, subsidiaries and parent companies, for any reasonable collaboration. Also, if Live Fit Gym is involved in a merger, acquisition or asset sale, your Personal Information and information may be transferred as a business asset.
Our facilities may contain products or services provided by third parties, like fitness equipment providers and fitness trainers. These third parties operate independently from us, and the privacy practices of such third parties, including details on any information they may collect about you, are subject to the privacy policies of those third parties, which might differ from ours.
When you make a payment to us, we process it via a third-party payment processor. The third party payment processor may collect certain Financial Information from you to process payments, including your name, email address, address and other billing information. When this happens, your Financial Information is governed by the third party payment processor’s terms, conditions and privacy policies.
Live Fit Gym engages certain third parties that may design, host, or publish our Website, do advertising for us, process data submitted to Live Fit Gym to perform certain business-related functions and to increase the functionality of our Services. Third party companies may provide services to us, like monitoring and analyzing how our Services are used or are performing. When we engage another company to perform such functions, we may give them or they may collect your information, including Personal Information, Account Information and Traffic Data, in connection with their performance of such functions. These third parties may analyze the data we provide, combine that data with publicly available data, and provide us with access to their analysis and reports. These third parties may have privacy policies and practices that differ from ours, but are still required to comply with applicable law.
We do not display the identities of all our third-party data processors and service providers publicly by name for security and competitive reasons. If you would like further information about the identities of our third-party data processors and service providers, please contact us as provided below.
Cookies may be sent to your browser from a web site and transferred to your device. Cookies may be used to collect information to improve our Services. You can usually instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provides information on how to accept cookies, disable cookies or to notify you when receiving a new cookie. There are different types of cookies (collectively, “Cookie Data”):
“Essential Cookies” are needed for some websites to function and cannot be switched off. They are usually only set in response to your actions which amount to a request for services, like setting your privacy preferences, logging in or filling in forms. Because of their essential nature, you cannot opt out of these cookies.
“Functional Cookies” are used by some websites for functionality and personalization and may be set by the website owner, designer, host, or publisher, or by third party providers whose services have been added to the pages you view.
“Analytics Cookies” allow someone to count visits and traffic sources.
“Advertising Cookies” may be set through a website by advertising partners. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other sites.
We use cookies on our Website because we use third party analytics and advertising that use cookies, mainly Google Analytics, Facebook, Adroll and Yelp. We might use more if we add more advertising services in the future. For additional information, please contact us as provided below.
OPTING OUT
You may opt out of receiving promotional communications from Live Fit Gym by contacting us as provided below.
YOUR RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (“GDPR”)
The GDPR regulates companies that do business in the European Economic Area (“EEA”) and consumers who are located in the EEA. Live Fit Gym does not offer Services and does not do business in the EEA and we’re not aware of any of our members living or working in the EEA. We’re not lawyers and we’re not giving legal advice, but it’s our understanding that for businesses to whom the GDPR applies, the GDPR requires:
When you access the business’s services, contact it, or otherwise interact with it from the EEA, the business will be the data controller. Users who wish to correct, update, change, or erase the Personal Information they submit to the business should be able to go back into the applicable account page to edit the submitted information. FYI: some potentially applicable privacy laws may give you the following rights about Personal Information the business holds:
Right of access. You have the right to ask for a copy of the personally identifiable information the business has about you. Where it has good reason, and if the GDPR permits, the business could refuse your request or certain elements of the request. If that happens, the business would have to tell you our reasons for doing so.
Right of portability. You may have a right to receive any personally identifiable information the business has about you in a structured, commonly used and machine-readable format. You can ask the business to send that information to you or directly to a third-party organization. This right exists only as to personally identifiable information which: (i) you previously gave the business; and, (ii) the business processes using automated means. They cannot guarantee technical compatibility with a third-party organization’s systems. They shouldn’t comply with requests for personally identifiable information of others without their consent.
Right to rectification. This is your right to have your personally identifiable information corrected or completed without undue delay.
Right to erasure. You have the right to have your Personal Information erased from the business’s systems without undue delay in certain circumstances, where it is no longer necessary for the reasons it was collected or processed.
Right to restriction. This is the right to have restrictions placed on the processing of your Personal Information in certain circumstances, like where you contest its accuracy, for enough time for the business to verify the accuracy of that information.
Right to object. This is the right to object to the processing of your Personal Information.
If you live or work in the EEA, you can lodge a complaint with your applicable supervisory authority. A list of relevant authorities in the EEA and the European Free Trade Area can be accessed here: https://edpb.europa.eu/about-edpb/board/members_en.
YOUR CALIFORNIA RIGHTS
The California Consumer Privacy Act (“CCPA”) only applies to fairly large businesses, and Live Fit Gym is small enough that the CCPA may not apply to it. Nonetheless, we want you to know about the CCPA. For businesses to which it applies, consumers have these rights:
- To know whether their personal information is being collected;
- To access and correct (if needed) their personal data;
- To remove their personal data;
- To limit the ways others use their personal data;
- To opt out of their information being shared with third parties; and
- Not to be discriminated against for exercising their rights under the CCPA
Live Fit Gym won’t deny goods or services to consumers merely because they exercise their rights as consumers. You can opt out of your information being shared by Live Fit Gym. Live Fit Gym will respond to your request about your personal data within 45 days.
Also, California Civil Code Section § 1798.83 allows users of a website who are California residents to ask for information about disclosure of personally identifiable information to third parties for their direct marketing purposes. Please know that Live Fit Gym does not disclose personally identifiable information it collects to third parties for their direct marketing purposes.
However, if Live Fit Gym is involved in a merger, acquisition or asset sale, your Personal Information may be transferred as a business asset. In such cases, we will give you notice before your Personal Information is transferred and/or becomes subject to a different Privacy Policy.
CHILDREN’S PRIVACY
The Children’s Online Privacy Protection Act (COPPA) works to protect the privacy of children under the age of 13. COPPA makes it unlawful to collect the data of children under 13 without the prior consent of their parents or guardians. COPPA gives parents the right to request access to personal information; to refuse further data collection or use; and to delete the child’s personal data.
The CCPA (discussed above) creates an opt in requirement for children and says companies can only sell the personal data of a child aged 13-16 if the child has opted in to the sale. If the child is younger than 13 the company must obtain the parent or guardian’s consent before selling the data. This applies to any business with “actual knowledge” of the child’s age.
Live Fit Gym does not direct Services at anyone under 16 years old. We do not knowingly collect personally identifiable information from anyone under 16 years old. Also, you must be over the minimum legal age or otherwise be legally qualified to consent to the processing of your personal data as required by the laws of your country to use our Services.
DATA TRANSFER
To facilitate Live Fit Gym’s operations, we may store, transfer and access information you give us or our third party service providers anywhere in the world. This Privacy Policy applies even if Live Fit Gym transfers such information to other countries. By agreeing to this Privacy Policy and using our Services (including providing information or personally identifiable information to us on any website or in any other context), you consent to the transfer of your information and personally identifiable information among these facilities, including those located outside your home country.
If the EEA applies, we will comply with applicable legal requirements providing adequate protection for the transfer of personally identifiable information to recipients in countries outside of the EEA, including the USA. In all such cases, we will only transfer your personally identifiable information if:
The country to which the personally identifiable information will be transferred has been granted a European Commission adequacy decision;
The recipient of the personally identifiable information is located in the U.S. and has certified to the EU-U.S. Privacy Shield Framework; or
We have put in place appropriate safeguards with respect to the transfer, for example the EU Model Clauses.
If you are located outside United States and choose to provide information to us, please note that our current practice is to transfer the information, including Personal Information, to the United States, where it is processed. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
SECURITY
The security of your Personal Information is important to us, and we strive to implement and maintain administrative, technical, and physical security measures appropriate to the nature of the information we store, so we can protect it from unauthorized access, destruction, use, modification, or disclosure.
However, please know that no method of transmission over the internet or method of electronic or other storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from or have about you.
CHANGES TO THIS PRIVACY POLICY
This Privacy Policy is effective as of the date stated above and will remain in effect except with respect to any changes in its provisions in the future, which will become effective immediately after being posted.
We reserve the right to update or change our Privacy Policy at any time and you should and you agree to check this Privacy Policy periodically. Your continued use of our Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of and agreement to the modifications, including your consent to abide and be bound by the modified Privacy Policy.
If we make any material changes to this Privacy Policy, we will let you know either through the email address you have provided us, or by placing a prominent notice on our website.
DISCLAIMER
This document states Live Fit Gym’s Privacy Policy effective as of the date stated above. Some of what this document contains (particularly about laws that don’t apply to Live Fit Gym or to Live Fit Gym’s relationship with you) is purely for your information—Live Fit Gym isn’t a lawyer, doesn’t provide legal services, and cannot and does not guarantee the accuracy of that information, but provides that information as Live Fit Gym’s understanding. Further, except as specifically stated herein, Live Fit Gym does not agree to comply with any laws that are not applicable to it. If you are interested in those topics, you should do additional research or consult a lawyer specializing in that area.
CONTACT US
For additional information, if you have any questions about this Privacy Policy or your rights, or want to access information we have about you (if we have any—we might not) or exercise any of your rights as to Live Fit Gym, please contact us as follows:
Live Fit Gym
P.O. Box 640687
San Francisco, CA 94164
THANK YOU FOR YOUR INTEREST IN LIVE FIT GYM!
