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 Company when you visit any of our clubs and that is maintained by the Company in an accessible form, and it includes information actively submitted by you, 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 in Clubs
Identifiers such as first and last name, home or other physical address, telephone number, email address, and signature are known to the Company only when voluntarily submitted, for example when enrolling as a member, checking-in as a guest, or purchasing other services from the Company, or via referrals from other members or guests or in connection with the purchase of a multi-person membership that includes you as a member. Likewise, if you become a member, you may be asked for your photograph, if you visit as a guest, you may be asked for identifiers like a driver’s license number and, if you choose to participate in a fitness assessment, a free class or the like, you may be asked to provide identifiers relating to your fitness level, such as your age, height, and weight. Similarly, financial information, such as credit or debit card numbers, is known to the Company only when voluntarily submitted in connection with purchasing goods or services available at a club. Certain commercial information, such as products or services purchased, considered, or used, is also collected by the Company. Such identifiers, financial information, and commercial information is collected for the purposes of transacting a sale and supporting a consumer’s use of our facilities, products, and 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.
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 our clubs; (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 our facilities. 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, 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 provide any Personal Information. However, some 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.
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., payment processors). 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.
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 set forth in this policy.
Finally, if you are accessing our facilities 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.
Security of Personal Information
We seek to use industry standard physical, technical, contractual and administrative security measures designed to protect your Personal Information. However, no safeguards are 100% secure. 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.
Personal Information Related to Children: A Note for Parents or Legal Guardians
The Company is committed to protecting children’s privacy. While the Company may allow minors to use its clubs, it limits the amount of information it collects about such individuals to identifiers and commercial information as described above, and it does not sell any such information. Notwithstanding the foregoing, the Company does not intend to, or knowingly, collect any Personal Information of children under the age of 13, except in the limited cases where a parent or guardian purchases Kids Klub (babysitting) services for a minor under the age of 13 and provides, on behalf of such minor, certain identifiers such as the child’s name. If the Company becomes aware of a child under the age of 13 providing Personal Information directly, it will attempt to delete that information. If your child under the age of 13 has provided Personal Information to us, please contact us so it can be deleted.
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 you have previously provided to us (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.