Advertising agencies, advertising networks, and other companies may place advertisements on the Site, and on the Internet generally, and may use their own cookies, web beacons, and other technology to collect information about you when you use the Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.If you have any questions or to opt-out of interest-based advertising from third-party companies, you may contact us (as provided in Section 13) or visit http://www.networkadvertising.org/choices/.

We may use Collected Information to establish and maintain our business relationship with you, to identify you as a user of the Site or as a client of our Locations, to advertise and promote our products and services and the products and services of our partners that we think may be of interest to you, and to manage, facilitate, and/or monitor our provision of services, including allowing members to register, pay for and attend classes, programs and/or events at our Locations, to reserve facilities (such as massage chairs) at our Locations, to enable participation in our wellness programs, nutritional services, cholesterol screenings, and similar offerings, to enable non-members to sign-up and register as a member at one of our Locations, to administer sweepstakes and contests, and to provide social media features.

We may use Collected Information to communicate special offers, promotions, notices, and information about our company to you via email, telephone, text message, or push notification from our mobile application. If you do not wish to receive these communications you will have the option to opt out of future mailings (see Section 4 below).  If you contact us for support or assistance, we may use Collected Information to provide service and support to you, namely to respond to your comments, questions or suggestions. If you use certain fitness equipment at any of our Locations (for example, EGYM Smart Strength machines), such equipment may publicly display the results of your workout and associated real-time fitness-related information on a leaderboard(s) displayed at the relevant Location. Please note that such results and information may be displayed together with your user ID, profile name, or any other identifier that you use to log in to or access any online health or fitness account on our equipment during your workout. We may also use your information to compile usage statistics and other data regarding the use of the Site and our services, and to improve our service offerings, including the use of the Site. In particular, we use Google Analytics to measure and report how users interact with the Site and our emails and advertisements, to analyze the traffic to the Site, and for the other purposes set forth in this Privacy Policy.  For more information about Google Analytics and how it collects and processes data, please see “How Google Uses Data When You Use Our Partners’ Sites or Apps.”

In addition, we may use Collected Information for our general business purposes, or for legal, contractual and/or safety purposes, including: (i) to operate and improve upon our business and lawful business activities; (ii) to maintain our programs, accounts, and records; (iii) to determine your satisfaction with our Locations and services; (iv) to enforce, apply or comply with any of our terms or policies, including but not limited to this Privacy Policy; (v) to protect our rights and security, and the security of our customers, employees, and property, and to otherwise respond to court orders, lawsuits, subpoenas, and government requests and/or address legal and regulatory compliance; (vi) to verify your identity or communications from you, and to notify you of changes to any of our terms, policies or practices; and (vii) for any other legitimate business purpose that is permitted by law. We may also use Collected Information to prevent errors and fraud.

Finally, we may use Collected Information for any other purpose with your consent or as required or authorized by law.

We and our Contractors may store Collected Information for as long as needed for the purposes indicated in this Privacy Policy, for legitimate business purposes and to comply with legislative requirements.

In addition to the more general purposes identified in Section 3, we collect email information to provide a more personalized and relevant experience. If you give us your email address when you inquire about membership or sign up, we will send you emails about exclusive offers, news at Simplefit and new club offerings and events. If you have previously opted out of receiving emails from us, providing updated information will act as an ‘opt back-in’.

If you want to opt-out of receiving promotional emails, simply click on the unsubscribe link located on the bottom of all of our emails. Although we strive to update our email list within 10 business days of any request, you might receive another contact before we are able to remove you.

Please note that you will continue to receive services-related communications as it pertains to your member account.  Simplefit may use any of your contact information held on file (including email address, mailing address, phone number and fax number) to communicate with you in relation to day to day administrative activities, such as billing, purchases and important service alerts.

Simplefit does not sell or rent your name, email address, or any other personal information to third parties.

You agree that we have your explicit consent to send you automated text messages (i.e., SMS or MMS to your mobile phone number), including services-related messages regarding your member account and other messages for general member support, feedback, and promotional purposes. You may opt out of receiving automated text messages from us at any time by replying “STOP” to the last text message you received (or by following the instructions set out in the text message). After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us. If you want to join again, just sign up as you did the first time or send us a message at help@simplefit.com.

Message and data rates may apply. Messages are sent from an automated system, and message frequency depends on your use of the services.  If you have any questions about your text plan or data plan, please contact your wireless provider. For all other questions about the SMS services, you can send an email to help@simplefit.com.

Access to the Collected Information within Simplefit does not require your written consent, but is strictly limited to the persons for whom such information is necessary for the performance of their functions and duties.

We may also share Collected Information without your written consent to Contractors we engage (such as consultants, data processors, payment processors, service providers, and other similar third parties) to perform functions on our behalf. Examples include creating and maintaining our Site, processing credit card transactions, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance (including co-branded marketing and advertising) and providing customer service. They also have access to Collected Information needed to perform their functions, but may not use it for other purposes. In addition, such Contractors will contractually guarantee to Simplefit that they will keep the Collected Information confidential in accordance with this Privacy Policy and applicable privacy legislation, and return it to Simplefit or destroy it once the service has been completed.

Subject to the same restrictions, we may also share the necessary Collected Information with our affiliates, and our business and marketing partners in connection with joint venture promotions and/or co-branded programs and events, and to otherwise further our mission as an organization and deliver the content, materials, and services available on or through the Site to you.   However, this information is provided in the form of aggregated statistical data that includes users’ demographic information, but does not identify them. We reserve the right to provide any and all such aggregated and non-individually identifiable data to third parties.

In addition, we may share your Collected Information with social media platforms and networks, such as Facebook, Twitter, Pinterest, and Instagram that offer functionalities, plugins, widgets, or tools in connection with the Site (for example, to share content from the Site with your friends and followers on social media). If you choose to use these functionalities, plugins, widgets, or tools, certain information will be shared with or collected by those social media companies. For more information about what information is shared or collected, and how it is used, and information about privacy settings on those social media platforms, please see the applicable social media company’s privacy policy.

If all or part of Simplefit is sold to, merged with, or otherwise transferred to or acquired by another entity, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, we may transfer Collected Information to such entity as part of that transaction.

Finally, we may disclose Collected Information to other third parties with your consent or as required or authorized by law.

When corresponding with Simplefit or our representatives, or when making a request for information or otherwise interacting with us or others through the Site, you choose what information to supply, what questions or comments to submit, whether you wish to receive further information, and by what method of communication such information should be delivered. Please take care to share only such information as is needed or that you believe is appropriate. You are under no obligation to provide us with personal information, but without it we may not be able to provide you the products or services you request. You may contact us as indicated below if at any time you would like to ask us about our data collection and information security practices.

You also have the right to consult and obtain communication of your Collected Information which is contained in a file by Simplefit. You can also request that information which is inaccurate, incomplete or equivocal be rectified, and that information not justified by the purposes of the file be deleted. Simplefit will strive to respond to every request for access and rectification within 30 days of receiving the written request. In the event that it cannot provide access to or rectify the information, it will inform you of the reasons why and provide you with any recourse available.

To gain more information on your privacy rights generally, the Federal Trade Commission, in the United States, and the Office of the Privacy Commissioner, in Canada, provide useful information about privacy on their own web sites at http://www.consumer.ftc.gov/topics/privacy-identity and https://www.priv.gc.ca/index_e.asp.

We have put in place certain commercially reasonable security measures designed to safeguard Collected Information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held. These measure include physical measures, organizational measures and technological measures that are reasonable given the sensitivity of the information, the purposes for which it is to be used, the quantity and distribution of the information and the medium on which it is stored.   Unfortunately, the storage and communication of Collected Information can never be completely secure. Hence, we are unable to guarantee that information that you transmit or otherwise supply to us, or any communications conducted on or through the Site, is or will be totally secure. If you become aware of any breach of Site security or this Privacy Policy, please notify us immediately.

We are committed to making a safe environment for children on our Site. In particular, our intention is to fully comply with the Children’s Online Privacy Protection Act (COPPA) in the United States and similar legislation in Canada. Per COPPA guidelines and other applicable guidelines outside of the United States, we do not knowingly collect personally identifiable information from children under the age of 13 without verification of parental consent. If a parent or guardian is made aware that a child under the age of 13 has provided us with personally identifiable information through any point of contact without verification of parental consent, we ask to be contacted at the below address or by email via help@simplefit.com and we will delete that information about the child referenced from our files. We encourage parents to monitor children’s Internet use to keep them safe while navigating the Site and all other areas of the Internet.

While the Site may contain links to other web sites, please note that when you click on one of these links, you are navigating away from the Site to another web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours. We are not responsible for the privacy practices or the content of such other web sites. We encourage you to read and become familiar with our Terms of Use for additional information.

The Site is hosted and operated in the United States. However, we and our Contractors may, in our effort to provide the Site, store Collected Information in the United States, or we may transfer it to, and store it within, other countries.

Those who access or use the Site from jurisdictions outside the United States or Canada do so at their own choice and risk and are solely responsible for compliance with local law. If you are not a resident of the United States or Canada, you acknowledge and agree that we may collect and use your personal information outside your home jurisdiction, and that we may store your personal information in the United States, Canada or elsewhere. Please note that the level of legal protection provided in the United States, Canada or other non-European countries may not be as stringent as that under European Union privacy standards or the privacy laws of some other countries, possibly including your home jurisdiction and that local laws may otherwise allow your information to be accessed by third parties without your consent.

From time to time, we may change our privacy practices, and this Privacy Policy, because of changes in relevant and applicable legal or regulatory requirements, our business practices, or in our attempts to better serve your needs and those of our other customers. We will try to notify you of any material changes to this Privacy Policy, including by sending you an email notifying you of such changes, posting a revised policy on the Site, or by other means. All such changes shall be effective upon our posting them to the Site and your continued use of the Site indicates your acceptance of any such changes. We encourage you to regularly review the current version of this Privacy Policy on the Site.

If you have questions regarding our Privacy Policy, other areas of the Site or our clubs, please contact us. Your feedback is always welcome and appreciated.