FITHEAP USA, LLC d/b/a Fitness Factory (“FitnessFactory”) OWNS AND OPERATES THE SERVICES. Fitness Factory RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING. Fitness Factory OR ITS SERVICE PROVIDERS, PARENTS, AFFILIATES AND BUSINESS ASSOCIATES MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SERVICES WITHOUT NOTICE OR LIABILITY; FITNESS FACTORY MAY ALSO TERMINATE YOUR USE OF THE SERVICES AT ANY TIME AND WITHOUT NOTICE.
PERSONALLY IDENTIFIABLE INFORMATION
Fitness Factory collects personally identifiable information directly from the User only when the User voluntarily enters information, or when the User requests or agrees that Fitness Factory send the User information or materials. Fitness Factory may also collect information through the use of promotional email campaigns or newsletters.
The types of personally identifiable information Fitness Factory collects include e-mail address, full name, full address, work, home or mobile phone numbers, age, gender and viewing preferences. Fitness Factory currently uses the information for the purposes of providing the User with information requested by the User, and service information, and to allow the User to voluntarily participate in events, promotions, or contests. Fitness Factory may also use personally identifiable information to process user requests and/or to send the User communications from Fitness Factory such as news, information and promotional offers. If the User requests information for certain offers, promotions, contests or sweepstakes, Fitness Factory may forward the User’s personal information to a third party for the purposes of supporting Fitness Factory in these services.
Fitness Factory may disclose your personal and account information to respond to court subpoenas, court orders, or other legal processes, as required by law, or to establish or exercise Fitness Factory legal rights or defend against legal claims. Your personal and account information may also be disclosed in connection with a sale of some or all of the Fitness Factory business or a merger with another entity. Within Fitness Factory, we restrict access to information and data about you to those Fitness Factory employees who need to know the information and data in order to perform their jobs, such as servicing your account, or notifying you of new services, classes, and programs.
For your protection, Fitness Factory strongly recommends that you do not share your account information, passwords or code words with others. Administrators of the Services will never ask you for your password by phone or e-mail. Do not provide confidential information online or over the telephone unless you initiated the contact, know the party with whom you are dealing, and provide the information through a secured channel. When conducting business over the Internet, always use a secure browser or client and exit online applications as soon as you finish using them. If you become aware of any suspicious activity relating to your account, it is your responsibility to contact Fitness Factory immediately.
SECURITY OF PERSONALLY IDENTIFIABLE INFORMATION
To protect your personal information, we maintain physical, electronic, and procedural safeguards to ensure online data and information privacy and security. We also use the Secure Socket Layer (SSL) protocol to encrypt sensitive information (e.g. credit card number or password) over the Internet. However, Fitness Factory cannot guarantee the privacy and security of any information or data that is disclosed online.
The Services, including the Fitness Factory Internet sites, Fitness Factory mobile applications, Fitness Factory-branded social media websites and third party websites that Fitness Factory may use to host Fitness Factory bulletin boards, comments pages or other areas identified as administered by Fitness Factory will occasionally allow User to post comments. By posting comments, the User understands that a representative of Fitness Factory may contact them regarding posted comments through contact information provided by the User, including any User provided e-mail address.
By using the Services, the User makes available to Fitness Factory certain non-personally identifiable information (such as the domain name and type of the User’s Internet server and browser or device, which pages or features of the Services the User accesses, and the length of access). This statement explains how Fitness Factory uses such information, and how the User can restrict the use and collection of non-personally identifiable information from “cookies.”
A “cookie” is a bit of text information stored on the hard drive of your computer by an Internet web server when you visit or use the Services. The User can choose not to accept cookies, but in so doing, the User may not be able to access certain features on the Services. Refer to the Help information in your browser or Internet provider site or software for instructions on how to disable cookies, or to be notified when a cookie is set. Fitness Factory may use “cookies” or store information on your device to track usage of the Services, User interactions with the Services, and to customize the Services.
Fitness Factory may use the non-personally identifiable information that is collected by Fitness Factory to improve the design and content of Fitness Factory’s Services and to enable Fitness Factory to personalize your Internet or mobile application experience. Also, Fitness Factory may use this information in the aggregate to analyze usage of the Services, as well as to offer user products, programs, or other services.
PRIVACY AND OUR APPS OR WEBSITE FEATURES
Fitness Factory offers a number of apps or website features intended to make it easier for you to access our Services on your mobile device or the Internet. By using some of these apps or website features, you authorize us to display to others certain information about you. (We will never provide other members or users with your contact details.) We will tell you in the app or website feature what information, if any, may be disclosed, and you can always decide that app or website feature isn’t for you. You also can stop using the app or website feature by following the instructions within the app or website feature, at which point any further disclosures of information will stop as well.
LINKS TO OTHER SITES
The Services may contain links to other Internet sites or resources that are owned and operated by third parties. Fitness Factory is not responsible for the privacy policies or practices of Internet sites or resources owned and operated by third parties. Fitness Factory strongly suggests that you review such third party Internet sites or resource privacy policies before providing any data or information to them.
CHANGES OR DELETIONS TO YOUR INFORMATION
As an added protection to the User’s privacy concerning personally identifiable information collected by Fitness Factory, the User may request that his or her personally identifiable information be changed, corrected or deleted from our databases by accessing the “contact us” link on our homepage. We reserve the right, consistent with applicable law to preserve information necessary to enforce our rights or to comply with a lawful order, subpoena or other legal requirement.