Privacy Policy

Details

Anytime Fitness, LLC ("we" or "us") respects the importance of the privacy of your personal information. This Privacy Policy outlines our current policy on personal information concerning club members, consumers, and franchisees, and covers the operations of our fitness clubs, franchise operations, business development, use of our web sites under anytimefitness.com (the "Sites") and mobile software applications ("Apps"). It gives you notice regarding:

  1. Personal information we collect, how we use it, and with whom we may share it
  2. Our relationship with other websites
  3. How you can correct any inaccuracies in your personal information
  4. Security procedures we use to protect your personal information from misuse
  5. Retention of your personal information
  6. Changes to this Privacy Policy
  7. Country-specific requirements

We encourage you to read this whenever you visit our fitness clubs or Sites or use our Apps, since we may change this policy from time to time. A copy of the current policy is always posted at www.anytimefitness.com/privacy.

When you access the Sites, use our Apps, request or use products or services from us, whether directly or through our representatives, affiliates or franchisees, you agree to the terms of this Privacy Policy. You may refuse or withdraw your consent at any time; however, we may not then be able to provide you with our full range of products and services. You may not use the Sites, Apps, or our products or services if you do not agree to the Privacy Policy.

Territories

This Privacy Policy covers our activities in the United States, Australia and Canada. We may host the Sites on servers located within the United States, Canada, Australia or in any other country we, our service providers, or our service providers' vendors maintain facilities. This means that your personal information may be stored on servers located within the United States, Canada, Australia, or in another country. The locations of our servers may change from time-to-time. Further, our franchisees may maintain individual websites in the country or territory they service.

Privacy requirements and treatment of personal information varies from country to country. To meet these requirements, we have included certain "Country-Specific Privacy Notices" as part of this Privacy Policy. You may locate the Country-Specific Privacy Notices at the end of this Privacy Policy.

Consent

BY SUBMITTING YOUR PERSONAL INFORMATION TO US, YOU ARE CONSENTING TO THE PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES OR IN ANY OTHER COUNTRY IN THE WORLD AND TO OUR USE OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. IF YOU ARE SUBMITTING PERSONAL INFORMATION OF THIRD PARTIES TO US, YOU WARRANT AND REPRESENT YOU HAVE THEIR CONSENT TO PROVIDE THEIR PERSONAL INFORMATION TO US AND WILL HOLD US HARMLESS FROM AND AGAINST CLAIMS BY SUCH INDIVIDUALS RELATING TO OUR PROCESSING AND USE OF SUCH PERSONAL INFORMATION WITHIN THE TERMS OF THIS PRIVACY POLICY.

1. The information we collect, how we may use it and share it.

Anonymous Electronic Information

Collection. In general, you can browse the non-password protected portions of our Sites without telling us who you are or revealing any personal information about yourself. We do, however, collect your computer's or mobile device's IP address, which you necessarily disclose when you visit the Sites or download or use an App so that data (such as the web pages you request) can be sent to your computer or device. The Sites or Apps may utilize "cookies" and similar technologies which are anonymous, unique identifiers that web pages may use to store data on your computer or mobile device or send data to our web server. Should you decide not to accept cookies from the Sites or Apps, you will limit the functionality we can provide you.

Use and Sharing. We may use your IP address to, among other things: (1) help diagnose problems with the Sites or Apps, administer and improve the Sites or Apps, and measure the use of the Sites or Apps; (2) identify visitors' Internet providers, the type of web browsers used, the pages viewed, the web sites from which a visitor found the Sites or Apps, the search terms and search engines used to find the Sites or Apps; and (3) gather other web analytics information relating to visitors' use and navigation of the Sites or Apps. This information does not identify you personally. On occasion we may aggregate this data with data from other users to track overall visitor traffic patterns and provide this aggregate information to vendors, potential advertisers, business partners, news agencies, or other parties to demonstrate the amount of interest in the Sites and Apps and to help us plan for technical infrastructure requirements. We may use cookie data to "recognize" you when you visit the Sites or Apps in the future, to troubleshoot how they operate, and for internal analysis of how people use the Sites or Apps. We do not use cookies to store any of your personal or financial information that you have on your computer.

Participation in Activities

Collection. We receive and may store information you enter on the Sites, Apps or give to us in any other way, such as at a fitness club. For example, we collect information that you provide us when you join one of our fitness clubs, fill out a survey or a questionnaire, engage in social networking with us, register as a user of an App, enter a contest or sweepstakes, request information, fill out an employment or franchise application or otherwise contact us. If you choose to share any personal information with us, you will see that the amount and type of personal information required by us depends on the activity you are engaging in. For example, to join one of our fitness clubs, you may be required to provide contact information (such as name, address, e-mail address, and telephone number) and financial information (such as credit card number and expiration date). Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some is voluntary. If you do not provide the mandatory information for a particular activity, you will not be able to engage in that activity.

Use and Sharing. We may use personal information you provide for particular activities related to our business, including, without limitation, membership processing; credit card or electronic payment processing; collections; club visit information; customer service; marketing and research; developing and displaying content and advertising tailored to your interests; processing your employment or franchise application; contests and sweepstakes; computer dashboards; responding to your request; send you text messages, push notifications, and notifications through the App and/or your mobile device; providing product, service, promotional and other information to you; and to contact you regarding administrative notices.

We may share personal information you provide with our parent company, subsidiaries, affiliates for our or their applicable business purposes. We may also share such information with our franchisees, vendors, or other business partners with whom we collaborate or work with to provide specific services to you or if we think the products or services they offer would be of interest to you. Our franchisees, vendors, or other business partners may use this information for marketing and solicitation purposes. Each of these parties' privacy policies will govern how they use your personal information. While we try to be selective in working with third parties, we are not responsible for their use of your personal information. Where payments are involved, we must release your credit card information to credit card authorization service providers and associated banks to process your payment for purchases, returns or refunds. We may transfer to Microsoft, its agents, and our other online service providers, personal information you provide to us so that these parties may store and process your personal information.

Your fitness club visit data (for all ANYTIME FITNESS clubs that you visit), App data, and personal information may be made available to those clubs' franchisees, management and employees, as well as to personal trainers or other contracted service providers whom you have engaged to provide services to you. Each of those parties is obligated to maintain the confidentiality of your personal information, and is permitted to access and use your personal information solely for the purpose of providing or enhancing services you use through the ANYTIME FITNESS club system or App.

We may share aggregate information with vendors, potential advertisers, business partners, or other third parties. Aggregate information does not include personal information.

Except as described in this section, we will not give or sell your personal information to any other party for its use in marketing or solicitation.

Additional Disclosures

We may disclose personal information in any of the following circumstances: (1) in response to a subpoena, search warrant, court order, or other legal process or request, or as may otherwise be required by applicable law or regulation; (2) to protect and defend our rights or property or those of its franchisees, suppliers, related entities, affiliates, business partners, or others; or (3) as we, in our sole discretion, believes is appropriate under exigent circumstances in response to a perceived threat to the personal safety, property, or rights of any other person or organization.

In addition, since our database is a business asset, in the event we are reorganized or sold to or merged with another company, we may sell, assign, or transfer your personal information to a purchaser of all or substantially all of our business assets, or to an affiliate, as applicable.

2. Our relationship with other sites that can be accessed through this site

The Sites may contain links to other web sites. Additionally, other web sites may contain links to the Sites. We do not review or monitor the web sites linked to the Sites and are not responsible for the contents or privacy policies related to any other web sites. If you visit one of these other web sites, you may want to review the privacy policy on that web site. Where the Sites contains a link to another web site owned and/or operated by us, such web site use may be subject to different and additional terms of service and privacy policy terms and conditions.

3. Access and correction of your personal information

We strive to maintain the accuracy and integrity of the personal information in our databases and to keep that information up-to-date. We encourage you to promptly update your personal information if it changes. You may request a copy of the personal information we have about you. You may send a request by letter to: Anytime Fitness, LLC, Attention: Chief Privacy Officer, 12181 Margo Avenue South, Hastings, Minnesota 55033 U.S.A.

All communications must be in the English language. We will respond to reasonable requests within the time limits established by applicable law or within a reasonable time if no time limit is established by applicable law. For your protection, we may ask you for additional information to verify your identity. In most cases, we will provide the information you request and correct or delete any inaccurate personal information you discover. We reserve the right, however, to limit or deny your request to the extent permitted by applicable law if: (1) the disclosure may be threat to the personal safety, property, or rights of any other person or organization; (2) the disclosure may lead to a violation of applicable laws or regulations; or (3) where you have failed to provide sufficient evidence to verify your identity.

4. Security of your personal information

We take what we believe to be reasonable precautions and have implemented managerial and technical procedures to try to protect the security of data and information, including personal information. However, we cannot guarantee against any loss, misuse, unauthorized disclosure, or alteration or destruction of data or personal information. You provide your personal information to us at your own risk. You acknowledge that: (1) there are security and privacy limitations in computer systems and on the Internet which are beyond our control; (2) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Sites, including personal information, cannot be guaranteed; and (3) any such information and data, including personal information, may be viewed or tampered with by a third party while such information or data is being used, transmitted, processed, or stored.

5. Retention of your personal information

We keep your personal information only as long as we need it for the purposes for which it was originally collected (or to which you have subsequently consented) or for other legitimate purposes (such as regulatory compliance), or as permitted by applicable law.

6. Changes to privacy policy

We reserve the right to modify this Privacy Policy, completely or in part, from time to time through the posting of notices on the Sites, at any time and without notice to you, that this Privacy Policy has changed ("Notices"). You expressly waive any right to receive Notices. You should check the Sites frequently for Notices to identify modifications of the Privacy Policy that may be of interest to you. Any use of the Sites following the date on which we implement changes to this Privacy Policy or post a Notice constitutes your acceptance of all such changes.

For questions or comments related to this Privacy Policy, please email us at privacy@anytimefitness.com.


Country-Specific Privacy Notices


Canada

Anytime Fitness, LLC complies with the Canadian Personal Information Protection and Electronic Documents Act ("PIPEDA") and substantially similar provincial laws and regulations.

Accountability

We are responsible for your personal information under our control. We have appointed a Chief Privacy Officer who is accountable for our compliance with this Privacy Policy. Any inquiries should be directed by mail addressed to Anytime Fitness, LLC, Attention: Chief Privacy Officer, 12181 Margo Avenue South, Hastings, Minnesota 55033 U.S.A., or by e-mail at privacy@anytimefitness.com.

Purposes

We collect personal information for the purposes listed above and we may share your personal information with the third parties listed above under the heading "1. The information we collect, how we may use it and share it." We will post Notices outlining any new purpose for the use of your personal information. Your failure to object to such uses shall be deemed to be your consent to the use of your personal information for the new purposes so indicated. In the event we intend to use your personal information for a purpose unique to you, we will obtain your specific consent for the use of your personal information for that purpose.

Consent

When you access the Sites, request or use services from us, whether directly or through our representatives, affiliates or franchisees, we will deem you to have consented to the use and processing of your personal information for the purposes set forth above. In the event we wish to utilize your personal information for purposes unique to you, other than those listed above under the heading "1. The information we collect, how we may use it and share it," we will obtain your consent as identified in the section entitled "Purposes" immediately above.

Disclosure and Retention

We will collect and use your personal information only in the manner and for the uses set forth above in the section entitled "Purposes" and only for so long as may be set forth under the heading "5. Retention of your personal information".

Accuracy

We strive to maintain the accuracy and completeness of your personal information. You may ask us to correct information contained within our records. Request for correction must be made in writing to by mail at Anytime Fitness, LLC, Attention: Chief Privacy Officer, 12181 Margo Avenue South, Hastings, Minnesota 55033 U.S.A.

Safeguards

We take reasonable precautions to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction as set forth above in the under the heading "4. Security of your personal information."

Individual Access

Upon your request, we will disclose to you whether we have any of your personal information in our possession. Written requests should be directed to Anytime Fitness, LLC, Attention: Chief Privacy Officer, 12181 Margo Avenue South, Hastings, Minnesota 55033 U.S.A. We will provide you with a written response explaining the use of your personal information and the organizations to which we disclosed it. You may correct or amend any personal information if you believe it is inaccurate or incomplete. We specifically reserve the right to deny you access to your personal information if that would likely reveal personal information about a third party or otherwise are of the opinion that the disclosure of your personal information would be objectionable pursuant to Section 9 of PIPEDA. We will either provide you with access to your personal information or object to your access within thirty (30) days of our receipt of your request.

Amendments to Our Privacy Policy

We may revise this Privacy Policy from time to time as set forth under the heading "6. Changes to privacy policy."

Complaints

If you have a complaint concerning our collection or use of your personal information, please contact Anytime Fitness, LLC, Attention: Chief Privacy Officer, 12181 Margo Avenue South, Hastings, Minnesota 55033 U.S.A., or by e-mail at privacy@anytimefitness.com. We will attempt to respond to and resolve those complaints to your satisfaction.


Australia

This section of the Privacy Policy applies to all personal information received by us in the United States, directly or indirectly, from Australia.

In handling your personal information, we will comply with the Privacy Act 1988 (Cth) ("Privacy Act") and with the Australian Privacy Principles ("APPs") in the Privacy Act, as well as this Privacy Policy.

We regularly review our practices and procedures in relation to the management of personal information. As a result, this policy may be updated from time to time in accordance with Section 6 'Changes to privacy policy'.

What kinds of personal information do we collect?

For the purposes of the Privacy Act, personal information is information or an opinion, whether true or not and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

We generally collect and hold the following kinds of information:

  1. contact details such as your name, address, telephone number and email address;
  2. aggregated statistical data, which is information relating to your use of our Sites and Apps, including access to any online platforms available via the Sites and Apps, such as traffic flow and demographics (we will not normally be able to identify you from such aggregated statistical date); and
  3. the information referred to in Section 1 'The information we collect, how we may use it and share it' above.

How do we collect and hold personal information?

During the provision of our services, including us providing you with access to our Sites, Apps and any online platforms available via those Sites and Apps, we may collect your personal information.

For example, when you register to use our Sites or Apps we will generally collect personal information from you.

Wherever possible we will collect personal information directly from you.

There may however be occasions when we collect your personal information from other sources, such as from an information services provider or publicly maintained records.

We will normally hold personal information in electronic form and may also, in some circumstances, hold personal information in hard copy.

We will take all reasonable steps to ensure that the personal information we hold is protected against misuse, loss, unauthorised access, modification or disclosure in accordance with Section 4 'Security of your personal information' above. Personal information is held by us on servers or in storage located in the United States.

Personal information may also, in certain circumstances, be held on our behalf in electronic or hard copy forms by our service providers (such as electronic data storage providers or offsite document storage providers). We enter into agreements with such service providers which impose confidentiality and privacy obligations on the service provider.

We take steps reasonable in the circumstances to destroy or permanently de-identify any personal information held in circumstances where it is no longer required, unless the retention of the personal information is otherwise required or authorised by law.

Why do we need your personal information?

We collect, hold, use and disclose your personal information for the purposes of providing you our products and services, including access to any online platforms available on our Sites and Apps.

Where applicable, we may collect, hold and use your personal information:

  • to enable you register for, access and use our Sites, Apps or services;
  • to administer or manage our relationship with you, including to communicate with you regarding your use of our Sites, Apps or services;
  • to undertake customer surveys and analysis;
  • for internal administrative purposes;
  • to respond to any enquiry you submit to us from time to time;
  • to identify and inform you of products and services that may be of interest to you;
  • to fulfil any of our legal requirements; and
  • for other purposes permitted or referred to under any terms and conditions you enter into or otherwise agree to with respect to the use of our Sites, Apps, other online platforms, products or services.

Generally we will only disclose your personal information to others for the purposes set out above. This may include disclosing your personal information to:

  • our related bodies corporate and other related entities, including, without limitation, Anytime Health, LLC; Provision Security Solutions, LLC; Self Esteem Brands, LLC; Anytime Worldwide, LLC;
  • third parties engaged to perform administrative or other services for us;
  • other service providers and business partners such as our administration, technology, auditing, mailing, printing, and professional service providers; and
  • any other entities described in Section 1 'The information we collect, how we may use it and share it' above.

We may also disclose your personal information for other purposes with your consent or for any purposes if the disclosure is required or authorised by law. You are under no obligation to provide your personal information to us. However, without certain information from you, we may not be able to provide our services to you or may be limited in the features or functions of our Sites, Apps, other online platforms and services we are able to provide you with access to.

We may also collect, hold, use and disclose your personal information for direct marketing purposes, including to inform you of products, services or offers of us, our related companies or business partners that may be of interest to you.

This may include us disclosing your personal information to our related companies or business partners so that the related company or business partner can contact you regarding offers or information (which may include offers or information about the products or services of the related company or business partner).

If you do not want to receive this information or do not want us to use or disclose your personal information for direct marketing purposes, you can opt out at any time by contacting us using the contact details set out in this Australia-specific section of the Privacy Policy.


Overseas disclosures

We may disclose personal information to overseas recipients, for example to data storage providers located overseas or to our related bodies corporate located overseas.

While it is not practicable to list every country in which such recipients may be located, recipients of such disclosures are likely to be located in the United States.

Can you access the personal information that we hold about you?

Under the Privacy Act, you have a right to request access to and correction of your personal information that is collected and held by us.

If at any time you would like to request access to or correction of the personal information that we hold about you, or you would like more information on our approach to privacy, please contact our Chief Privacy Officer.

We will take all reasonable steps to respond to a request for access to or correction of your personal information within 30 days from your request. In less complex cases, we will try to provide information within 14 days.

If we refuse a request for access to or correction of personal information, written reasons for the refusal and details of complaint mechanisms available to you will be provided.

If providing you with access requires a detailed retrieval of your personal information, a fee may be charged for the cost of retrieval and supply of information. This fee will not exceed the cost to us of retrieving and supplying the information and we will provide you with prior notice of the likely amount of the relevant fee.


Privacy Complaints

If you believe that we have not dealt with your personal information in a manner that complies with the Privacy Act or the APPs, you can make a privacy complaint to us by submitting details of your complaint to our Chief Privacy Officer using the contact details set out below. You will generally be required to put your complaint to our Chief Privacy Officer in writing.

Privacy complaints you make to us will:

  • be taken seriously;
  • be dealt with promptly;
  • be dealt with in a confidential manner; and
  • not affect existing obligations or the commercial arrangements between you and us.

We will commence an investigation into your complaint and inform you of the outcome of the complaint following completion of the investigation. We will respond to privacy complaints and notify you of the outcome of the complaint within a reasonable time of you submitting the complaint (which is normally no longer than 30 days).

In the event you are dissatisfied with the outcome of the complaint, you may refer your complaint to the Office of the Australian Information Commissioner or, in some instances, other regulatory bodies, such as the Victorian Health Services Commissioner or the Australian Communications and Media Authority.

How To Contact Us

For further information or enquiries regarding your personal information (including to request access to or correction of your personal information or to make a privacy complaint), please contact our Chief Privacy Officer at:

Anytime Fitness, LLC
Attention: Chief Privacy Officer
12181 Margo Avenue South, Hastings
Minnesota 55033 U.S.A.

If you have a complaint about how we have collected or handled your personal information, please contact our Chief Privacy Officer at the mail address set forth above.

Further information

Please contact us if you have any queries about the personal information we hold about you or the way we handle that personal information. Our contact details for privacy inquiries are set out above.

Changes to this Privacy Policy

We may amend this Privacy Policy from time to time. The current version will be posted on the Site.


Last updated July, 22, 2015.

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