GymFly Fitness, Inc. ("GymFly") endeavors to protect your personal privacy. This Privacy Policy addresses GymFly's practices regarding information collected from users of GymFly's online and mobile platform (the "Platform"). This Privacy Policy does not address or govern any information-gathering, use, or dissemination practices related to information collected from you other than directly through or from the Platform, such as from other websites, telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media.
This Privacy Policy is incorporated into GymFly's Terms of Service for the Platform by reference, as if set forth fully therein, which must be reviewed and accepted by you.
The Platform is not intended for children under the age of 18. We do not knowingly collect personal information online from visitors in this age group.
If you have any questions about our privacy policies, please contact us at [email protected]. By providing your personal information to GymFly, you signify your acceptance of the Terms of Use and agree that GymFly may collect, use, and disclose your personal information as described herein.
Personally Identifiable Information
For purposes of this Privacy Policy, "personally identifiable information" means any information by which someone can be personally identified, including name, address, telephone number, email address, and other information incidental to providing goods or services (also referred to herein as "personal information"). We collect personally identifiable information from you only when you voluntarily provide us with this information, such as when placing an order on the Platform, establishing an account, contacting us with a question or comment, or signing up to receive emails about our latest products and services.
Browsing Information and Cookies
When you visit the Platform, our web servers may automatically recognize certain non-personally identifiable information about you, such as your domain name, access provider, IP address, and browser language. The Platform also uses a browser feature known as a cookie, which assigns a unique identification to your computer. The information collected from cookies allows us to provide better customer service to you and to improve features of our Platform in a variety of ways, including by determining whether you have visited the Platform in the past and which pages of our Platform you have visited.
If you are uncomfortable with the idea of your information being used in this way, most computer systems and web browsers offer privacy settings and options, such as disabling cookies or opting for "Do Not Track" features. We do not override these settings or options. However, in order to access certain content, features, services, products, or benefits of the Platform, you may be required to provide us with certain information, including some types of personally identifying information. If you do not wish to provide such information through the Platform or if you opt to utilize the aforementioned privacy features of your computer system or web browser, you may be unable to obtain certain content, features, services, products, or benefits of the Platform.
By providing personally identifiable information to us, we are better able to match your interests and fulfill your needs on the Platform. GymFly may use your personally identifiable information to process and fulfill orders, send emails to confirm your order status, to communicate with you, and to send you information by email, postal mail, or other means about our products, services, contests, and promotions. In general, we use personal information collected on the Platform for the specific purpose for which it was volunteered; to help develop better products, and/or market, sell, or provide products and services; and to comply with any legal or regulatory requirements, processes, or provisions. In order to better serve you, we may combine information you provide to us on the Platform with information from third parties, including demographic or public information.
We may share information collected through the Platform with our subsidiaries, affiliated companies, and like-minded business partners for the purpose of providing you with the products and services you seek from the Platform. From time to time, GymFly may disclose the data collected through the Platform, including personally identifiable information, to other persons or entities whom we believe trustworthy. In such cases we might rent, exchange, share and/or cross-reference information, including contact information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you. Additionally, in order to provide you with a better customer experience, we may share information with service providers, subcontractors, and business partners who have been retained to perform functions on our behalf or to provide services to us.
GymFly may also disclose the data collected through the Platform, including personally identifiable information, to another party with which GymFly enters or reasonably may enter into a corporate transaction, such as a merger, consolidation, acquisition, or asset purchase. In the event that GymFly or its assets is acquired by another company, or due to any merger, reorganization or liquidation, customer information may be one of the transferred assets. Your personal information will remain subject to any pre-existing privacy policy unless you consent otherwise.
We reserve the right to disclose information about you to a third party pursuant to a subpoena, court order, or other form of legal process, or in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process.
We want to communicate with you only if you want to hear from us. If you have established an account on the Platform or signed up to receive electronic newsletters or promotional emails from GymFly, including new ideas, special offers, and event information, or to otherwise receive communications about our products and services, you will have the right at any time to opt out of receiving marketing emails or to specify which, if any, communications you would like to receive from us.
If you would like to opt-out of receiving marketing via email, click the unsubscribe link on the footer of marketing emails. Notwithstanding the foregoing, GymFly will continue to send you non-promotional service emails concerning your account, such as emails relating to available upgrades, billing and payment information, outstanding balances on your account, and other emails relating to your account and/or your use of the Platform.
At your request, GymFly will confirm what personally identifiable information it collects or holds about you, and will correct, update and/or remove such information. You may contact GymFly for any of the foregoing at [email protected] If you ask that GymFly stops using or sharing your personally identifiable information, we will honor that request. GymFly may, however, retain records of your personally identifiable information for a period of time, including to follow-up on a request, resolve a dispute, or to comply with applicable law. In addition, some personal information may also continue to be stored on back-up files for financial, legal, or technical reasons.
Additionally, California Civil Code Section 1798.83 (also known as the "Shine The Light" law) permits users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request to [email protected]
The security of your personally identifiable information is important to us and GymFly is committed to handling such information carefully. We maintain physical, electronic, and procedural safeguards to guard your personally identifiable information. We use secure socket layer technology to protect the security of your payment information and we encrypt your personally identifiable information when it is sent over the Internet. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security.
The Platform may also contain links to third party websites, for the convenience of users in locating information, products, or services that may be of interest. If you access a third party website from a link on this Platform, any information you disclose on that website is not subject to this Privacy Policy. It is possible that these links may be used by third parties or others to collect personal or other information about you. We are not responsible for the privacy practices of such websites, advertisers, or third parties or the content of such websites and it is your sole obligation to review and understand the privacy practices and policies of these other websites. We do not control the use of cookies or the collection of information by these third parties, nor how they manage such information. It is solely your obligation to review and understand the privacy practices and policies of these other websites, advertisers, and any third parties.
We reserve the right to change, modify, add, or remove portions of this Privacy Policy at any time. You should check this page periodically for changes. Your continued use of this Platform following the posting of changes to this Privacy Policy will be considered your consent to those changes. In the unlikely event that we believe that the security of your personal information in our possession or control may have been compromised, we may seek to notify you of that development.
If you have any feedback, questions, or concerns regarding privacy, please send us a detailed message to [email protected]. We will make every effort to resolve your concerns.
Last Updated: 11/2/2016