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My.apexfitness.com WEBSITE PRIVACY POLICY Last modified 09/10/2011 1. Introduction 1.1 Questions. my.apexfitness.com is owned and operated by 24 Hour Fitness USA, Inc. If you have any questions or concerns about our Privacy Policy, feel free to email us at cpm@24hourfit.com, or contact us by mail at the following address: 24 Hour Fitness 1.2 Scope. This Privacy Policy applies only to information we collect through electronic or digital means, including our website located at my.apexfitness.com, certain 24 Hour Fitness and Apex affiliated sites and other electronic and digital means of communication (collectively referred to in this Policy as our “Digital Properties”). Unless disclosed otherwise, our affiliated sites are governed by this Privacy Policy. Our Digital Properties also contain links to third party sites that are not owned or controlled by 24 Hour Fitness or my.apexfitness.com. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Digital Properties and to read the privacy statements of each and every website that collects personally identifiable information. 1.3 No Information From Children Under Age 13. If you are under the age of 13, please do not attempt to register at my.apexfitness.com or attempt to provide any personal information about yourself to us. If we learn that we have collected personal information from a child under the age of 13, we will promptly delete that information. If you believe we might have any information from a child under the age of 13, please email us at cpo@24hourfit.com, or contact us by mail at the following address: 24 Hour Fitness 1.4 Terms of Use. Please note that your use of our Digital Properties is also subject to our Terms of Use, or other applicable End User License Agreements associated with such Digital Properties. 2. Information We Collect and How We Use It 2.1 Information You Provide Us. You can provide information to us through various means using our Digital Properties. In order to obtain access to certain portions of the my.apexfitness.com website, we ask you to provide us with various pieces of information, some of which may enable us to distinguish you from other users. Certain other areas of the site may ask for additional information on your habits or health. If you are a licensee seeking to make purchases online, we may also ask for identifying information that will enable us to process your orders. This registration information is personally identifiable information because it allows us to contact you and distinguish you from other users. Some users may also buy health products, supplements, or other items on our site. If you make purchases through my.apexfitness.com, we need to gather information relating to the sale, including what you are buying, how you are paying and where you would like the products shipped. However, we will use that transactional information only to complete the transaction, to provide you with an order history and to facilitate future orders. We may also use information about the transaction for aggregate reporting (where we summarize the data in a report that does not contain your personally identifiable information). Our "Free Weight Management Plan" allows you to enter personally identifiable information and obtain suggestions from us as to fitness goals and which products might be of interest to you. We only use the information you input to provide you with our Free Weight Management Plan and do not store that information.. We may use aggregated information concerning Free Weight Management Plan users, but such use will not reveal your personally identifiable information. We may receive additional personally identifiable information from you through your communications with my.apexfitness.com. If so, we will use that information to respond to your communication. For example, if you e-mail my.apexfitness.com to ask about an article or tool, we will use that information to give you an answer, to make sure that you are satisfied with our answer, and to have a history of our service to you. We may also include your request or communication in an aggregated report of customer service activities in order to improve our service. However, as before, such use will only be on an aggregated basis, without revealing any personally identifiable information. Other Information The information we collect includes personally identifiable information, such as your name, home address, billing address, shipping address, telephone number, and e-mail address. You can also provide demographic information, such as gender and date of birth. During the online account creation process you will select a user name and password. If you purchase any products or services through our Digital Properties we collect your credit card or debit card number and related information, as applicable. We maintain your order status, order history and other information through your “my.apexfitness.com account.” We collect information from you when you create an account with us. The information we collect includes the following:
In addition, you can also provide additional information such as health related information (blood pressure, blood glucose, body temperature) and various other health and fitness related information through our digital properties. As a service to our members you can also elect to share this information with our third party partners at your request through our Digital Properties. 2.2 Log Information We Collect from You Automatically. We collect certain information automatically as you use our Digital Properties, including your IP address, browser type, computer type, type of mobile device (if used), the site from where you navigated to our Digital Properties, time and date of using the Digital Properties, your computer operating system, and the pages on or using our Digital Properties that you view. This information is anonymous, and we do not link it to your personally identifiable information. 2.3 Cookies. When you visit or use our Digital Properties we send one or more “cookies” to your computer or other device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends and providing relevant advertising to you. 2.4 Pixel Tags. We may use "pixel tags," which are small graphic files that allow us to monitor the use of our websites. A pixel tag can collect information such as the IP (Internet Protocol) address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time the page containing the pixel tag was viewed; the type of browser that fetched the pixel tag; and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable email, we may use "format sensing" technology, which allows pixel tags to let us know whether you received and opened our email. 2.5 To Provide Products, Services, and Information. As described above, we collect information from you so that we can provide products and services that you purchase using the Digital Properties and information that you request from us. We use your personal information to:
We may share your information with our third party service providers and agents in order to provide you with the products and services you purchase from us, as well as newsletters and other information which we believe may be of interest to you. For example, we use third party service providers to process credit card, debit card and bank account debit (ACH) transactions and payments, and to send out direct mail, email and other communications to our members. Contracts with our third party service providers require them to keep your personal information confidential. 2.6 Online Account. When you create an online account, you can store your personal information and use it later when using our Digital Properties or purchasing products on or using our Digital Properties. You can also view your current orders and order history. 2.7 Newsletters. If you sign-up to receive newsletters or other communications from us, we use your e-mail address and other relevant personal information to provide the newsletters and other communications to you. You can always opt-out of receiving e-mail newsletters or advertisements by using the opt-out feature provided with the e-mail communications. 2.8 Advertising. We use your information to provide relevant advertising to you. We use cookies to track your activity on our Digital Properties so we can provide this advertising to you. 3. How We Share Your Information 3.1 Providing Products, Services, and Information. As described above, we may share your information with our third party service providers and agents in order to provide you with the products and services you purchase from us, as well as newsletters and other information which we believe may be of interest to you. For example, we use third party service providers to process credit card and debit card transactions and payments and to send e-mails to our customers. As noted, we gather information for purposes of providing and improving my.apexfitness.com for you. For example, we use the information to allocate system resources and communicate with you about updates and new features, among other things. We also aggregate information supplied by users during registration and information about their use of my.apexfitness.com to maintain our services and describe our user base to potential partners, investors and advertisers. In providing this aggregated data about our community of users, however, we do not reveal any user's personally identifiable information. We do not rent, sell, transfer or otherwise disclose your personally identifiable information to any third party, except in limited circumstances set forth here. We may employ other companies to perform functions on our behalf, such as fulfilling orders, delivering packages, providing customer service, sending mail, processing credit card payments, holding live chats, hosting message boards or other functions necessary for us to provide services to you. We may need to share your personally identifiable information with these companies. However, we will provide them with only the information necessary to perform their functions, and will not allow them to use that information for any other purposes. To enhance our service, we may offer users the opportunity to participate in partnerships we may have with other businesses. If you choose to participate in one of these partnerships (for example, during the registration process), we may share with our partner the personally identifiable information it needs to offer its services to you. In such cases we'll post clear notices to identify the partner. If you're not comfortable with their privacy guidelines or for any other reason, you'll always have the choice not to use those features or services. 3.2 Advertising and Third Party Advertisers. We may use third party service providers to display ads on our behalf on our Digital Properties and third party sites not affiliated with 24 Hour Fitness. If you view a web page where our ads appear, the advertising company may place a cookie on your computer or use a Web beacon to access a cookie that they previously placed on your computer. These companies do not collect information that can personally identify you, but they may use information about your visits to our Digital Properties and other websites to measure the effectiveness of ads. We do not disclose any personally identifiable information to these companies. We may share aggregate Digital Properties usage information with third party advertisers and partners for the purpose of effectively targeting our online advertisements. Unless you are previously notified, these advertising companies do not link any online behavior or cookies with other information that can be used to personally identify you, such as your name, address, telephone number or e-mail address. These third party advertising networks also track visitors’ online usage and behavior patterns. These companies may use information about your visits to our Digital Properties and other websites in order to provide advertisements on our Digital Properties and other sites about goods and services that may be of interest to you. The result of these efforts is the creation of an online profile that attempts to predict individual user interests, preferences and purchasing habits. The third party advertising networks then accordingly customize the advertising content served to users when visiting other websites. You can learn more about targeted advertising and web tracking, and you may choose not to receive targeted advertising from many ad networks, data exchanges, marketing analytics and other service providers at aboutads.info. [LINK TO ABOUTADS.INFO] The Network Advertising Initiative (NAI) is a self-regulatory cooperative of online marketing and analytics companies. The NAI provides educational content and opt-out tools to help Internet users learn about and address online interest-based behavioral marketing practices. Through the NAI’s online options, you may opt out of particular NAI network members’ behavioral advertising programs or you may opt out of all NAI network members’ programs. Opting out will prevent the given network from which you opted out from using your Web preferences and usage patterns to deliver targeted online ads. The NAI opt-out only works with participating third party advertising networks that use cookies and Web beacons to execute their advertising initiatives. If you would like additional information about online behavioral marketing and your options regarding these standard Internet practices, please visit the NAI website at http://www.networkadvertising.org/index.asp. 3.3 Legal Requests or Requirements and to Prevent Harm. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Digital Properties. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to prevent harm to 24 Hour Fitness, the Digital Properties, or our customers. This may include sharing information with other companies, lawyers, courts, or other government entities. 3.4 Transfer in the Event of Sale or Change of Control. If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Digital Properties to a third party, we may transfer your personal information to the new owner to be used consistent with this Privacy Policy. In such a case, your information would remain subject to the promises made in the applicable privacy policy. 4. Access to Your Information and Choices You can opt-out of receiving marketing and promotional e-mails, phone calls, text message and other electronic communications from 24 Hour Fitness by accessing your membership information, and by using the opt-out or unsubscribe feature contained in the e-mails. You can close your online account by contacting us. If you close your account, we will no longer use your online account information or share it with third parties. We may, however, retain a copy of the information for archival purposes, and to avoid identity theft or fraud. 5. Security of Your Information In order to help secure your personal information, access to your data on our Digital Properties is password-protected, and sensitive data is protected by SSL encryption when it is exchanged between your web browser and our Digital Properties. To protect any data you store on our servers, we also regularly audit our system for possible vulnerabilities and attacks, and we use a tier-one secured-access data center. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that e-mails you send to us through our Digital Properties are not encrypted, and we strongly advise you not to communicate any confidential information through these means. 6. Changes to Our Privacy Policy 7. Questions / Contact Us |
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