ONLINE PRIVACY POLICY
This Online Privacy Policy (this “Policy”) refers to www.fitnessondemand247.com and the FitnessOnDemand App (Collectively the “Site”), which are owned and operated by Fitness On Demand, LLC a U.S.-based corporation (“FitnessOnDemand,” “we,” “us,” or “our”). This Policy describes the information we collect from or about you through this Site. It also describes how we use and share that information and some of the steps we take to protect your privacy.
Scope of This Policy
This Policy applies only to information collected through this Site. It does not apply to third-party sites or to websites owned by FitnessOnDemand on which it is not posted. It also does not apply to information collected through other channels, such as from third parties, over the phone or in person. Some of the information we collect through this Site may be “personal information”—information that identifies or relates to you personally, alone or in combination with other information available to us. Other information may be non-personally identifiable, such as information collected by cookies.
Your Consent
Please take a few minutes to review this Policy before using this Site. By using this Site, you are consenting to the collection, use and disclosure of your personal information as set forth in this Policy. If you do not agree to be bound by this Policy, you may not access or use this Site.
This Policy is Part of Our Terms of Service
This Policy is part of the Terms of Service that govern your use of this Site. A link to our Terms of Service is provided at the bottom of each page of this Site.
Types of Information We Collect
Information You Manually Provide. FitnessOnDemand collects the information you manually provide (using your keyboard, mouse, or touchpad) when you use this Site, for example, we collect the information you provide when you express interest in our products and services, register for an event, make a purchase, apply for a job, engage in an online chat, or otherwise interact with this Site. Some of the information you manually provide may be personal information, such as your name and contact information, height, weight or photograph. Information you manually provide may also include banking and payment information, for which we provide reasonable security. By providing your banking and payment information you expressly consent to our using such data, subject to applicable law.
Sensitive personal information. Except for the possibility that we may collect banking and payment information, we do not generally seek to collect sensitive personal information through this Site. In the limited cases where we do seek to collect such personal information, we will do so in accordance with local privacy law requirements. If you choose to provide us with unsolicited sensitive personal information, you consent to our using such data, subject to applicable law. The term “sensitive personal information” refers to the various categories of personal information identified by various privacy laws as requiring special treatment, including in some circumstances the need to obtain explicit consent. These categories may include personal identity numbers, financial account information, racial or ethnic origin, political opinions, religious, philosophical or other similar beliefs, membership of a trade union or profession or trade association, current or past physical or mental health, biometric or genetic data, sexual life, or criminal record (including information about suspected criminal activities).
Information From Third-Party Social Media Platforms. You may be able to register with, log on to, or enhance your profile on this Site by choosing to automatically populate the requested data fields with information you previously provided to a third-party social media platform (such as Facebook or Twitter). By doing this, you are asking the third-party platform to send us information, including personal information, from your profile on that platform. We treat that information as we do any other information you give to us when you register, log on, or enhance your profile.
Information from your browser or device. FitnessOnDemand collects information that is sent to us automatically by your web browser or mobile device. This information typically includes your IP address, the name of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. The information we receive may depend on your browser or device settings. Generally, we use this information in the aggregate to help us improve this Site and make it more compatible with the technology used by our visitors. However, we may combine it with other information in an attempt to identify you or we may combine it with information that does identify you. We may also review our server logs for security purposes—for example, to detect intrusions into our network—and we might share our server logs, which contain visitors’ IP addresses, with the appropriate investigative authorities who could use that information to trace and identify you as part of such investigations.
Biometric Information. FitnessOnDemand may collect biometric information, such as heart rate data and fitness activity, that can be used alone or in combination with other identifying data to establish individual identity.
Information Collected by Cookies and Other Technologies. A “cookie” is a small file placed on your device when you visit a site that can be understood by the site that issued the cookie. We use cookies and other technologies to collect information and support certain features of this Site. For example, we may use these technologies to:
- collect information about the ways visitors use this Site—which pages they visit, which links they use, and how long they stay on each page;
- support the functionality of this Site—for example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits;
- personalize your experience when you use this Site; and
- improve our marketing efforts, including through use of targeted advertising.
The information we collect using cookies and similar technologies is not, in and of itself, personally identifiable, but we may link it to personal information that you provide. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Although you are not required to accept cookies when you visit this Site, you may be unable to use all of the functionality of this Site if your browser rejects our cookies. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org which includes information on how to manage your settings for the major browser providers.
Information About Third-Party Cookies
In addition to the cookies FitnessOnDemand delivers to your computer or mobile device through this Site, certain third parties may deliver cookies to you for a variety of reasons. For example, we use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Sites. To learn more about Google Analytics, click here. Other third parties may deliver cookies to your computer or mobile device for the purpose of tracking your online behaviors over time and across nonaffiliated websites and/or delivering targeted advertisements either on this Site or on other websites. You have choices about the collection of information by third parties on our Sites. For example, if you don’t want information about your visit to this Site sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here. Please note that the Add-on does not prevent information from being sent to FitnessOnDemand. In addition, if you would like to opt-out of having interest-based information collected by certain entities during your visits to this Site or other websites, please click here. You will be directed to an industry-developed website that contains mechanisms for choosing whether each listed entity may collect and use data for online behavioral advertising purposes. It may be that some of the third parties that collect interest-based information on this Site do not participate in the industry-developed opt-out website, in which case the best way to avoid third-party tracking of your online behaviors may be through your browser settings and deletion of cookies.
How We Use Information Collected Through This Site
Generally, we use the information we collect through this Site:
- to provide the information, products and services you request;
- for security, credit or fraud prevention purposes;
- to provide you with effective customer service;
- to provide you with a personalized experience when you use this Site;
- to contact you with information and notices related to your use of this Site;
- to contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
- to invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us);
- to better understand your needs and interests;
- to improve the content, functionality and usability of this Site;
- to improve our products and services;
- to improve our marketing and promotional efforts; and
- for any other purpose identified in an applicable privacy notice, country-specific notice, click-through agreement or other agreement between you and us.
Please see below for information about the choices you have about the ways we use your information.
Your Choices
We respect your right to make choices about the ways we collect, use, and disclose the information you provide on or through this Site. We strive to provide choices to you at a meaningful time and in a meaningful place. This Policy describes some of your other choices, such as your choice to opt out of receiving “cookies.”
Do Not Track Mechanisms. Your browser may deliver a “Do-Not-Track (‘DNT’) signal” to this Site. Because of the changing state of technology and indecision within the technology and marketing industries regarding the meaning of DNT signals, we currently do not make any guarantee that we will honor DNT signals.
Previously Expressed Preferences. You may change previously expressed preferences regarding how we use information you provide on or through this Site. For example, if you have provided your contact information and receive periodic emails from us, you may decide to stop receiving those emails by clicking the “unsubscribe” link in an email’s footer. You may be able to change other preferences through an account you create on this Site. Otherwise, please contact us using the information provided below.
Opting Out. You can ask us or third parties to stop sending you marketing messages at any time by logging into the Site and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out or unsubscribe links on any marketing message sent to you or by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of your registration as a member, any product purchase, product/service experience or other transactions.
CCTV. If you use the FitnessOnDemand application at a location within our corporate family or franchisees within our corporate family, that location may use CCTV in their gyms for health and security reasons in accordance with local privacy law requirements. If you have any queries in relation to the use of CCTV operating in and around those gyms, including your rights to access the CCTV footage under local privacy laws please contact that gym.
How to Access, Correct, or Delete Your Information
If you have created a profile on this Site, you have the right to access, correct, or delete your information and may be able to do so through your account settings. Otherwise, you may need our help. Please contact us using the information provided below. We will respond to you within a reasonable time and, in any case, within the time limits established by applicable law. We may ask you for additional information to verify your identity. In most cases, we will provide access and correct or delete any inaccurate information you discover. In some cases, however, we may limit or deny your request if it is unreasonable and/or the law permits or requires us to do so or if we are unable to verify your identity. Likewise, you may contact us using the information provided below to exercise any cancellation or opposition right provided to you by applicable law or to withdraw any consent you have given to us, in accordance with applicable law. Please note, however, the personal information we collect and process are necessary for and give rise to the legal relationship between you and us; therefore, a revocation of consent or the exercise of the cancellation or opposition right for processing such data may result in the termination of the relationship between you and us, without any responsibility by us.
Steps We Take to Safeguard your Information
We maintain reasonable administrative, physical and technological measures to protect the confidentiality and security of personal information you submit on or through this Site. For example, when collecting credit card information for online purchases, we offer secured-service transactions that encrypt your information in transit to thwart others from intercepting or misusing it. Unfortunately, no website, server or database is completely secure or “hacker proof.” We therefore cannot guarantee that your personal information will not be disclosed, misused or lost by accident or by the unauthorized acts of others. Further, we cannot control dissemination of personal information you post on or through this Site using our social networking tools, and you should have no expectation of privacy in such information. We reserve the right to retain your information for as long as needed to provide products and services to you; as needed to comply with our legal obligations, resolve disputes, and enforce our agreements; or as permitted by applicable law, whichever period is longest.
How We Share Information with Others
With Service Providers. FitnessOnDemand shares information collected through this Site with third-party vendors, Service Providers, who help us provide the Site and our services to you. For example, we may use third-party vendors to design and operate this Site; to conduct surveys; and to help us with our promotional efforts. These Service Providers may need information about you to perform their obligations. However, they are required by contract to keep your information confidential and may use it only to provide services on our behalf.
Within the FitnessOnDemand Corporate Family. The owner and operator of this Site (Fitness on Demand, LLC dba FitnessOnDemand) is a member of the Lift Brands, Inc., corporate family and may share information collected through this Site with other companies in the Lift Brands, Inc. corporate structure. These affiliate companies are permitted to use your information for their own marketing purposes and in a manner otherwise consistent with this Policy.
With Our Corporate Family Franchisees. FitnessOnDemand may share information collected through this Site with the owner of any one of the FitnessOnDemand corporate family franchised locations that you have used or in which you have expressed interest. Our franchisees are required by contract to keep your information confidential and they may use this information only in accordance with the terms of the contract.
In Aggregate or De-Identified Form. We use information collected through this Site to create a compiled, aggregate view of usage patterns. We may share aggregate information with third parties so we and they can better understand our user base. We may also share with third parties information about how particular individuals use this Site, but only on a de-identified basis (“Individualized Data”). Individualized Data is not personally identifiable, but it does reflect the usage patterns of a particular Site user, as opposed to Site users collectively. We may provide basic demographic information (gender and age) in conjunction with providing Individualized Data. Third parties typically use this information for analytical purposes and to market their own products and services.
With Other, Carefully Selected Business Partners. From time to time, we may share your information with selected third parties for their own marketing purposes. For example, one of our business customers may offer one of our products at their location and invite you as a guest of their location to use our product at that location. We may partner with third parties to sponsor contests or other promotions, and we may share with these third parties the information you submit to us to participate in the contest or take advantage of the promotion. Before doing so, however, we may offer you the opportunity to “opt out” or “opt in,” as required by applicable law.
As Part of a Business Transfer. Your information may be transferred to successor organization if, for example, we transfer the ownership or operation of this Site to another organization if we merge with or are acquired by another organization, or if we liquidate our assets. If such a transfer occurs, the successor organization’s use of your personal information will still be subject to this Policy and the privacy preferences you have expressed to us.
To Comply with Laws and Protection of Our Rights and the Rights of Others. We may disclose your information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order or a subpoena, or in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. We may also disclose your information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of this Site; to enforce or apply our online Terms of Use or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others.
As Described in a Privacy Notice, Country-Specific Notice, or Click-Through Agreement. We reserve the right to disclose your personal information as described in any privacy notice or country-specific notice posted on this Site, or as described in any click-through agreement to which you have agreed.
Children Under the Age of Thirteen
This Site is not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. If you believe that any child or minor (as that term is defined by applicable law) has submitted personal information on or through this Site without the consent and supervision of a parent or guardian (to the extent such consent/supervision is required by applicable law), please contact us using the information provided below so that we can take appropriate action.
Links to Other Sites
This Site may provide links to other websites operated by third parties, including in some cases our third-party vendors. FitnessOnDemand does not control these websites and is not responsible for their data practices. Any information you provide to third parties on their websites is covered under their privacy and data collection policies and is not covered by this Policy. We urge you to review the privacy policy posted on any site you visit before using the site or providing any personal information.
Additional Notices and Agreements
Privacy Notices. This Policy may be supplemented or amended from time to time by “privacy notices” posted on this Site. These privacy notices provide a level of detail that we cannot provide in this more general description of our privacy practices. For example, certain pages of this Site may contain privacy notices providing details about the information we collect on those pages, why we need that information, and choices you may have about the ways we use that information.
Click-Through Agreements. When you sign up to use a special feature of this Site, you may be asked to agree to special terms governing your use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of this Policy, the terms of the click-through agreement will supplement or amend this Policy, but only with respect to the matters governed by the “click-through agreement.”
Your Privacy Rights
If you are California resident, or a resident of other states with privacy laws, such as Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Minnesota, Montana, Oregon, Tennessee, Texas, Utah, Virginia and Washington, please click here for additional information about your rights.
Processing or Transfer of Information
If you submit personal information directly to us through this Site, the information will be governed exclusively by this Policy. We may process your information on servers located outside of the country where you live. Data protection laws vary among countries, with some providing more protection than others. Regardless of where your information is processed, we apply the same protections described in the Privacy Policy. We also comply with certain legal frameworks relating to the transfer of data, including the use of standard contractual clauses when required.
Additional Information for European Union Residents
Lift Brands, Inc., and several of its wholly owned subsidiaries, including FitnessOnDemand, Snap Fitness, Inc., HealthFran, LLC, GoFit, LLC, and Wholesale Fitness Supply, LLC (the “Certified Entities”) comply with as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. To learn more about the DPF program, and to view our certification page, please visit https://www. https://www.dataprivacyframework.gov/. Please note, however, that the DPF applies only to personal information that is transferred by third parties in the European Union to
This Policy May Change
We are continually improving and adding to the features and functionality of this Site and the services we offer through this Site. As a result of these changes (or changes in the law), we may need to update or revise this Policy. Accordingly, we reserve the right to update or modify this Policy at any time, without prior notice, by posting the revised version of this Policy behind the link marked “Privacy Policy” at the bottom of each page of this Site. Your continued use of this Site after we have posted the revised Policy constitutes your agreement to be bound by the revised Policy. However, we will honor the terms that were in effect when we gathered data from you. For your convenience, whenever this Policy is changed, we will update the “effective date” at the top of this page. Be sure you check the effective date to see if this Policy has been revised since your last visit. You may access the current version of this Policy at any time by clicking the link marked “Privacy Policy” at the bottom of each page of this Site.
Contact Us
If you have any questions regarding this Privacy Policy, please contact us by e-mail at [email protected] or by mail at 2411 Galpin Court, Suite 110, Chanhassen, MN, USA 55317.
Effective Date: October 17, 2024
