Jackovics Enterprises, Inc., and the family of companies operating under the FITNESS SF brand (referred to herein as “FITNESS SF,” “we,” or “us”) are providing this notice (this “Policy”) to describe our collection, use, disclosure, retention, and protection of your personal information in connection with use of the FITNESS SF website and mobile applications, including any content or information provided as part of these services (collectively referred to herein as the “Services”). We created this Policy to give you confidence as you visit and use the Services, and to demonstrate our commitment to fair
information practices and the protection of privacy.
By accessing, browsing, downloading, using or registering for our Services, you are accepting the terms of this Policy and our Terms of Service, and you are consenting to our collection, use, disclosure, retention, and protection of your personal information as described in this Policy. If you do not provide the information we require, we may not be able to provide all of our Services to you.
“Personal information” is information that can be associated with a specific person and could be used to identify that specific person whether from that data or from that data and other information that we have or are likely to have access to. We do not consider personal information to include information that has been made anonymous or aggregated so that it can no longer be used to identify a specific person, whether in combination with other information or otherwise.
This Policy is effective as of January 22, 2018, and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the Services or we otherwise notify you of the changes. We reserve the right to change this Policy at any time. Changes, modifications, additions, or deletions will be effective immediately upon their posting to the Services. Your continued use of the Services after we post any such modifications will constitute your acknowledgment of the modified policy and your agreement to abide and be bound by the modified policy.
We collect, process and retain personal information from you and any devices (including mobile devices) you may use when you use our Services, including when you inquire about or register for a free trial or membership, complete online surveys, or provide us with information on a web form, update or add information to your account, subscribe to our mailing lists, link your social media profiles and accounts to the Services, or otherwise correspond with us regarding the Services.
We may collect two basic types of information through the Services: “personal information” and “non-personal information.”
The personal information we collect includes the following:
• Identifying information such as your name, address, telephone number, email address and other contact information;
• Information that you provide, or that is connected to your membership, including your username, password, membership number and photos used for your profile, health related information, training data (including without limitation, calories burned, distance traveled and heart rate), workout routines, text, audio, images, videos, and any information you authorize us to import or export to or from select social networking and other websites operated by third parties;
• Financial information (such as credit card numbers, bank information, billing address, and goods and services you purchase from us);
• Other information that we are required or authorized by applicable law to collect and process in order to authenticate or identify your, or to verify information we have collected;
• Information we receive from the devices you use (such as device IDs, device type, etc.);
• Information about how you use the Services, and other products and services we provide, such as classes or training sessions you book through the Services; and
• Geographic information and computer and connection information, such as statistics on your page views, traffic to and from the Services, and referral URL and location data, if enabled (including without limitation, GPS coordinates traveled, cellular tower identifications, Wi-Fi access points, altitude and any other information provided by your mobile device or computer).
We also may collect a limited amount of fitness, physical activity and health related information from you if you create an account with us or join a FITNESS SF location. This information (such as whether you are pregnant, suffer from a heart condition, dizziness, high blood pressure, and knee or back problems) helps you determine your eligibility to participate in our training programs. If you participate in our virtual training, coaching or training programs we may also obtain certain measurements, height, weight and age from you. Your calories burned, distance traveled and heart rate may be obtained from your mobile device. We also may receive your health, fitness and medical data from the Apple HealthKit API, Samsung Health API, InBody, Physmodo Maps or any other data source you choose to participate in and share data with FITNESS SF.
If you give us personal information about someone else, you must do so only with their explicit and prior consent. You have to inform them how we collect, use, disclose, and retain their personal information according to this Policy.
Non-personal information is aggregated information, demographic information, IP addresses and any other information that does not reveal your specific identity. This non-personal information may include “click stream data” (server address, domain name).
We will primarily use the personal information you provide and any non-personal information we receive from you to provide, promote and improve our products and services, including the Services, to contact you about your membership (or interest in a membership) and our other goods and services, to provide you customer service, and to detect, prevent, mitigate and investigate fraudulent or illegal activities. We may use and
retain your personal information as follows:
• Provide access to and use of the products, information and services you request.
• Give you access to your membership information, transaction history, internal messages and other features.
• Customize, measure, and improve our products and services.
• Provide other services requested by you as described when we collect the information. We may use information we have collected about an individual
through the Services with information collected offline, whether provided by the individual to a staff member or personal trainer, or when completing
questionnaires about the individual’s health or fitness goals, to provide such individuals with a tailored experience.
• We may use geo-location information to provide you with location based services (such as search results, and other personalized content).
• In the event of a merger, reorganization, sale or other transfer of all or any part of FITNESS SF, we may transfer any and all personal information we have collected in connection with such transaction, the transferee and its affiliates may use your personal information under the terms of their own privacy policies, which may differ from this Policy.
• Contact you to notify you regarding your membership, troubleshoot problems with your account, resolve a dispute, collect fees or monies owed, poll your opinions through surveys or questionnaires, or as otherwise necessary to provide you customer service and communicate promotions about our goods and services.
• Contact you as necessary to enforce our Terms of Service, applicable laws, and any agreement we may have with you.
• For these purposes we may contact you via email, telephone, and postal mail.
• Prevent, detect, mitigate, and investigate fraud, security breaches, potentially prohibited or illegal activities
• Enforce this Policy, our Terms of Service or other policies.
We retain your personal information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from terminated memberships and prospective members to comply with national laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Service and take other actions permitted or required by applicable national laws. After it is no longer necessary for us to retain your personal information, we dispose of it in a secure manner according to our data retention and deletion policies.
We do not sell, trade or otherwise transfer your personal information to third parties without informing you in advance. Notwithstanding any other provision of this Policy, we will not share any of your personal health related information, including your data from the Apple HealthKit API, Samsung Health API, InBody, Physmodo Maps or any other data source you choose to participate in and share with FITNESS SF with others for marketing and advertising purposes. We provide some of our services through contractual arrangements with affiliates, service providers, partners and other third parties (collectively, “service partners”). Our service partners may use your personal information to operate our Services and to deliver their services (such as to facilitate the processing of payment cards when you pay within our Services with a credit card). These service partners will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential. We will encourage our service partners to adopt and post privacy policies. However, the use of your personal information by our service partners is governed by the privacy policies of those service
partners and is not subject to our control.
The Services may now or in the future include interactive forums, chat rooms, message boards, and news groups for the posting and exchange of information, ideas and opinions. Additionally, you may through the Services post information to third party services. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose personal
Notwithstanding any other provision of this Policy to the contrary, we reserve the right to disclose your personal information to others as we believe is appropriate (a) under applicable law; (b) to comply with legal process; (c) to respond to governmental requests;
(d) to enforce our Terms of Service; (e) to protect our operations or those of our partners; (f) to protect the rights, privacy, safety or property of FITNESS SF, our partners, you or others; and (g) to permit us to pursue available remedies or limit the damages we may sustain.
We use reasonable organizational, technical and administrative measures to protect personal information under our control. Security measures and tools, such as firewalls, are in place to help protect against loss, misuse and alteration of the information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. By using the Services, you expressly acknowledge
and agree that we do not make assurances about, or guarantee the security of, any data provided to or received by us through the Services and that any personal information, non-personal information, or other data or information received from you through the Services is provided to us at your own risk, which you expressly assume.The Services are controlled and operated by us from inside the United States, and are not intended to subject us or any of our partners to the laws or jurisdiction of any state, country or territory other than that of the United States. By using the Services and submitting any personal information, visitors from outside acknowledge that the Services are subject to United States law and consent to the transfer of personal information to the United States, which may provide a different level of data security than in their country of residence, and waive any claims that may arise under their own national laws.
Our websites and mobile applications are general audience websites and mobile applications. We do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user is under age 13, we will promptly delete any personal information in that user’s account. FITNESS SF offers membership to individuals who are at least 18 years of age, and, with the written consent of a parent or guardian, to individuals who are at least 14 years of age.
All the information on the Services is published in good faith and for general information purpose only. We do not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information found through our Services is strictly at your own risk and we will not be liable for any losses and damages in connection with the use of our Services.
You must promptly notify us if your username or password is lost, stolen, or used without permission.
Through our Services you can visit other websites by following hyperlinks to these sites. While we strive to provide only links to useful and ethical websites, we have no control over the content and nature of these sites and the links to other websites do not imply a recommendation for all the content found on these sites.
You can verify your contact information is accurate, complete, and current and modify your privacy preferences (including opting-out of receiving certain types of communications) by logging in to your account and going to your account preferences page. For other personal information we will use commercially reasonable efforts to provide you with access so you can request that we correct data that is inaccurate or delete data if we are not required to retain it by law or for legitimate business purposes. We may decline to process requests that we deem are unreasonable, repetitive, require
technical modifications, jeopardize the privacy of others, are impractical or for which access is not otherwise required by applicable law.
Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. This Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond our control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This Policy only applies to information collected through the Services. This Policy does not apply to any information we may collect from you in any place other than the Services.
If you have any questions or comments relating to our Services or this Policy, send an email to info@FITNESSSF.com. You may also contact us by writing to 150 Nellen Avenue, #250, Corte Madera, CA 94925. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by contacting them by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.