Privacy Policy

FITNESS DEPOT PRIVACY POLICY

Thank you for visiting Fitness Depot. This Privacy Policy explains the manner in which we may collect, use and disclose personal information which you provide to us while using the Fitness Depot website (the “Site”) or certain services of our Fitness Depot clubs (the “Services”). By visiting this Site or otherwise providing us with your personal information by using our Services, you agree to be bound by the terms of this policy.

We want to assure you that Fitness Depot takes privacy matters very seriously and is committed to protecting your privacy. Therefore, we are providing this policy to explain our privacy practices and the choices you can make about the way your information is collected and used.

COLLECTION AND USE OF PERSONAL INFORMATION

We collect personal information that you provide to us or that is otherwise provided to us on your behalf. You may choose to provide certain personal information in order to access or use certain features or services of the Site or the Services, such as making a purchase, joining one of our clubs, paying your membership fees, requesting information, filling out an employment or franchise application, entering a sweepstakes, logging into certain exercise equipment consoles using your fingerprint, or otherwise contacting us. Such information may include your name, phone number, e-mail address, mailing address, credit card or banking information, membership and account information, workout information, machine usage and input information, or other information. You can always choose not to provide information, but it may limit your ability to use a particular service or feature on the Site or the Services.

By providing your personal information to us, you are authorizing us to collect, use and disclose such information in the manner outlined in this policy. Unless we advise otherwise, your information will only be used for the purposes for which it was provided or in order to contact you regarding related matters. We limit the information we collect to what we feel is necessary for those purposes.

We may periodically send you newsletters, e-mails or similar communications featuring sales and promotions, news about new Fitness Depot 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. However, if you unsubscribe from our marketing communications, you will not automatically become unsubscribed from the marketing communications of the franchise owner of the Fitness Depot club you joined or to which your e-mail address has been provided as set forth in this policy. Fitness Depot franchises are independently owned and operated businesses and we do not control their use of your e-mail address. Accordingly, if you are a member at a Fitness Depot franchise club, please contact your home club directly to learn how to unsubscribe from such communications. We may use workout and machine usage data collected through our Services to provide you with tailored products or service offerings, to conduct member usage and market analysis, and to compile aggregated data sets for use in our marketing and business objectives.

Fitness Depot also collects information that is sent to us automatically by your web browser. The information we receive depends upon your browser’s settings. This information typically includes your computer’s IP address, the address of the web page you were visiting when you accessed our Site, the name of the operating system installed on your computer, the name and version of the browser you are using and the date and time of your visit. We use this information primarily to create statistics that help us improve our Site and make it more compatible with the technology used by our visitors. We may link this information with your personal information as we deem necessary for our business purposes. If criminal activity is suspected, we might need to share certain information with the appropriate investigative authorities. Such information may contain visitors’ IP addresses and other information which could be used to trace and identify individuals.

So-called “cookies” and other similar technologies may be used on the Site and by third parties to collect information over time and across third party websites, to support the Site’s functionality and to improve user experience. You have the ability to set your browser to reject cookies. However, if you set your browser to reject cookies, it may affect or limit the use of certain features and functionality of this Site. We do not currently respond to “Do-Not-Track” signals or mechanisms.

DISCLOSURE OF PERSONAL INFORMATION

Fitness Depot will not disclose, trade, rent, sell or otherwise transfer personally identifiable information for purposes other than as those set out herein, except with your consent or as required or permitted by law. However, Fitness Depot may freely disclose, sell, or transfer collected information that does not contain any personally identifiable information, such as aggregated workout data or club visitation trend data or analysis derived therefrom, for any legitimate business or marketing purpose.

Fitness Depot may disclose your personal information to third party service providers or agents who provide services to or on behalf of Fitness Depot or its members such as, but not limited to, hosting, data management and storage services, sweepstakes providers, benefits providers and retention services. Either Fitness Depot 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 Fitness Depot;
with Fitness Depot franchisees, if you are a Fitness Depot member, visitor or guest at a Fitness Depot 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 Fitness Depot, 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 Fitness Depot location in Canada or a Canadian resident, we will only share such information if you have agreed to receive commercial electronic messages from us and our partners. 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.

SECURITY

Security for all personal information is extremely important to us. We store your personal information securely and use encryption and/or other special procedures designed to protect the information we collect from loss, misuse, unauthorized access or disclosure, alteration or destruction. Unfortunately, no data transmission over the Internet can ever be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Fitness Depot cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.

FRANCHISEES AND OTHER THIRD PARTIES

We may share your personal information with Fitness Depot franchisees 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.

INTERNATIONAL VISITORS.

FOR VISITORS USING THE SITE FROM OUTSIDE THE UNITED STATES, ANY DATA YOU SUBMIT TO THE SITE WILL BE TRANSFERRED TO THE UNITED STATES FOR USE BY FITNESS DEPOT AND/OR ITS AFFILIATES FOR ANY OF THE PURPOSES DESCRIBED IN THIS POLICY. BY USING THE SITE YOU HEREBY EXPRESSLY CONSENT TO SUCH TRANSFER OF INFORMATION OR DATA TO THE UNITED STATES.

USE OF THIS SITE BY MINORS

If you are a resident of the European Union or provide personal information through this website while located in the European Union, we offer you certain choices in connection with the personal information we collect from you on this Site.

Users in the European Union may have the choice:

to be provided with a copy of your personal data held by us;
to request the rectification or erasure of your personal data held by us;
to request that we cease processing your data;
to request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example);
to request that your data be transferred to you or a third party.

We may use your data for marketing purposes or disclose your information to any third party for such purposes with your consent, that you may provide by checking certain boxes on the forms we use to collect your data. You may object to receiving further marketing at any time without detriment. We will inform you prior to collecting or using your personal information for any purpose not set forth in this Privacy Policy or previously consented to.

To update your preferences and consents, ask us to remove your information from our mailing lists or submit a request, please contact us at customerservice@fitnessdepotgyms.com

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. Fitness Depot does not accept members under the age of 13 and does not knowingly collect information from anyone under the age of 13.

Your use of this Site and any issues relating to this policy are subject to Fitness Depot’ then-current Terms of Use, which are located on our Site.

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 or direct communication to you via email or your account. Your use of the Site or any Fitness Depot 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.

NOTICE TO CALIFORNIA RESIDENTS

California Civil Code § 1798.83 permits residents of California to request from Fitness Depot 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 us at:

Fitness Depot Headquarters
Attn: Privacy Officer
117 U S Highway 49
Hattiesburg, MS 39402

Email: customerservice@fitnessdepotgyms.com

PRIVACY OFFICER CONTACT INFORMATION

If you have any questions or concerns about our privacy practices, please feel free to contact our Privacy Officer at the address listed above.