Last Updated July 20, 2022
We collect Personal Information from users when they view, access, use or register through the Platform or use any related services offered therein (collectively, “Services”). The provision of certain information is contractually required based on your use of the Services.
1. INFORMATION COLLECTED
(a) Our legal basis for collecting and processing your Personal Information is (i) your explicit consent when accessing the Services and (ii) a legitimate interest and need in order to provide specific Services offered on the Platform, as described in our Terms of Service. We may collect the following Personal Information from users:
i. Information You Provide Voluntarily. We regularly receive and store any information you enter on the Platform or give us in any other way, whether it be through filling out a form, or through an actual communication. You may elect to not provide certain information, but such an election may prevent you from taking advantage of, and accessing many of our features. We use the information that you provide for purposes such as: responding to your communications and/or requests, customizing future experiences on the Platform for you, improving our Platform, and communicating with you in any other way. The types of personally identifiable information which may be collected through your use of the Platform include, but are not limited to: your name, physical address, any email address, phone numbers, fax numbers, billing address, shipping address, product selections or views, order and/or confirmation numbers, financial account information, debit card numbers and expiration dates, credit card numbers and expiration dates, credit card account information, referring URLs, IP addresses, passwords, usernames, gender, occupation, personal interests, your age and information about your hobbies, likes, interests in and regular use of certain products, programs and other services you use or may be interested in. You voluntarily provide the above personally identifiable information to us when you enter such information on the Platform, whether input with the intention of facilitating a purchase, payment, newsletter subscription, promotion or contest and/or any other special offers or benefits. You are the source of this information.
ii. Information Provided Automatically. Upon your use or interaction with the Platform, we automatically receive and store certain types of information. We obtain certain types of information when the browser you are using accesses the Platform or advertisements therein, and other content served on the Platform itself, or on behalf of the Platform through other web Platforms.
2. SHARING AND USE OF PERSONAL INFORMATION
i. News; Offers. In some instances, we may provide certain personal information which you input while registering or signing up to receive news, offers, updates, sweepstakes or contests, to trusted, third-party partners who work directly with us. Such third-parties may use that personal information to communicate with you about certain updates, offers or surveys from us and/or such third-parties.
ii. Independent Contractors and Third-Parties. We may have third-party agents, subsidiaries, affiliates and partners who may perform certain functions on our behalf, such as marketing, analytics, research, credit card processing, assisting with customer service, fraud protection, etc. Such third-party entities have limited access only to the personal information necessary to perform the roles for which they are associated with us. Such third-parties are strictly prohibited from using, selling, distributing or altering this data in any way, or using the information for any activity other than required to provide the requested services for us and the Platform. Any personal information shared with third-parties performing analytics shall be governed by a Data Processing Agreement, entered into by and between the Company and Google Analytics.
iii. Legal Disclosure. In some instances, we may disclose and release certain information in response to any legal demand, such as subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal actions or claims brought against us or the Platform. We may share such information in order to investigate, prevent or take action in the event of any alleged illegal activities, suspected fraud, potential threats to the physical or financial safety of any person or entity, any violations of our terms of service, or as otherwise permissible under any applicable law.
vi. Some various ways in which we may use your Personal Information are as follows:
(c) Notice of Data Breach: In the event that the Company becomes aware of a data breach affecting your personal information, to the extent feasible, the Company will notify you of said data breach without undue delay, and no later than 72 hours of becoming aware of the data breach.
3. THIRD PARTY LINKS
(a) You may encounter links to third party websites, videos, pictures, and applications (“Third-Party Links”) when using the Services. We cannot control the content on these Third-Party Links and we can make no guarantees as to the protection and privacy of any information which you submit to these Third-Party Links. Please exercise caution when accessing Third-Party Links.
(a) We do not knowingly collect Personal Information from any child under the age of 13. Further, you may not use the Platform unless you are at least 18 years of age, or are doing so with the supervision of a parent or legal guardian. You acknowledge and consent to taking such steps as are necessary in order to verify your identity and your age for the purposes of complying with applicable law, in order to use the Platform. If you believe we have collected Personal Information from a child under the age of 13, please contact us immediately.
(a) We use commercially reasonable methods of protecting your Personal Information, which may include but may not be limited to the encryption of data using SSL and HTTPS for external communications. Nevertheless, we cannot guarantee the safety or security of any Personal Information. Further, transmission of Personal Information cannot be made completely secure. For that reason, you agree to transmit Personal Information to the Company solely at your own risk.
6. DO NOT TRACK POLICY AND PROCEDURES
(a) GoGym does not currently respond to “do not track” browser headers or specific “do not track” requests. You do have the ability to limit tracking through these third-party programs and by taking the actions listed below. The use of online tracking mechanisms by third-parties is governed by those third-parties’ own privacy policies, and not the terms included hereunder. If you prefer to prevent third-parties from setting and accessing cookies on your computer, you may adjust the settings of your own web browser to block the placement of cookies. You may remove yourself from the targeted advertising of companies by contacting the Network Advertising Initiative, or of companies participating in the Digital Advertising Alliance program by contacting them directly.
7. YOUR CALIFORNIA PRIVACY RIGHTS
8. INTERNATIONAL PRIVACY PRACTICES
(a) The Company is primarily operated and managed on servers located and operated within the United States. In order to provide our Services to you, we may send and store your Personal Information outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your Personal Information may be transferred outside of the country where you reside or are located, including countries that may not or do not provide the same level of protection for your Personal Information. We are committed to protecting the privacy and confidentiality of Personal Information when it is transferred. If you reside or are located within the European Economic Area and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the European Economic Area to the extent feasible under applicable law. By using and accessing our Services, users who reside or are located in countries outside of the United States agree and consent to the transfer to and processing of Personal Information on servers located outside of the country where they reside, and that the protection of such information may be different than required under the laws of their residence or location.
9. RETENTION, CORRECTION, AND DELETION OF PERSONAL INFORMATION
(a) Personal Information that we process shall not be kept for longer than is necessary for the relevant purpose, and will process and retain such Personal Information only as necessary for the purposes stated herein. We will retain your Personal Information as follows:
i. Personal Information will be retained for as long as you have a GoGym member account (as described in our Terms of Service) or as required by law or our own backup and security policies.
ii. We will comply with any user’s requests regarding access, correction, and/or deletion of the Personal Information we store in accordance with applicable law, including the EU General Data Protection Regulation (GDPR). To request that we correct, delete, or export any Personal Information, please email us at email@example.com. We will respond
(c) What are cookies?
i. Cookies are small pieces of text sent by your web browser by a website you visit. A cookie file is stored in your web browser and allows the Service or a third-party to recognize you and make your next visit easier and the Service more useful to you.
ii. Cookies can be “persistent” or “session” cookies.
i. When you use and access the Service, we may place a number of cookies files in your web browser.
iii. We use variations of both session and persistent cookies on the Platform and Service and we use different types of cookies to assist in running the Service.
iv. Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.
(f) Third-party cookies
i. In addition to our own cookies, we may also use various third-parties’ cookies to report usage statistics of the Service, deliver advertisements on and through the Platform and Service, and so on.
(g) What are your choices regarding cookies
ii. Please note, however, that if you delete cookies or refuse to accept them, you might not be able to use all of the features we offer, you may not be able to store your preferences, and some of our pages might not display properly.
11. Your Choices About Our Collection, Use, and Disclosure of Your Information
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.
Location Information: You can choose whether or not to allow the App to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the App may then be inaccessible or not function properly.
Targeted Advertising by the Company. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by contacting us using the Contact Us option in the app Support tab requesting the same.
Disclosure of Your Information for Third-Party Advertising and Marketing. If you do not want us to share your personal information with unaffiliated or non-agent third parties for advertising and marketing purposes, you can opt-out by contacting us using the Contact Us option in the app Support tab requesting the same.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website.
12. PERSONAL INFORMATION WILL BE SENT TO THE UNITED STATES
(a) The Company is based in the United States and your Personal Information will be processed in the United States. The hosting facilities for your Personal Information are in the United States. United States laws may be less strict than those of your own country.
13. YOUR RIGHTS UNDER THE EU GENERAL DATA PROTECTION REGULATION (GDPR)
(a) Your principal rights under the EU General Data Protection Regulation (GDPR) are as follows:
i. Right of Access: you have the right to be informed of, and request access to, the Personal Information we process about you.
ii. Right to Rectification: you have the right to request that we amend or update your personal data where it is inaccurate or incomplete.
iii. Right to Erasure: you have the right to have the Company delete your Personal Information. Upon receipt of such a request from you, the Company will notify any third-party data processors of your deletion request as well.
iv. Right to Restrict: you have the right to request that we temporarily or permanently stop processing your Personal Information.
v. Right to Object: you have the right to object to us processing your Personal Information on grounds relating to your particular situation or for direct marketing purposes.
vi. Right to Data Portability: you have the right to request a copy of your Personal Information in electronic format and the right to transmit that personal data for use in another party’s service.
vii. Right not to be Subject to Automated Decision Making: you have the right to not be subject to a decision based solely on automated decision making, including profiling, where the decision would have a legal effect on you or produce a similarly significant effect.
14. DATA CONTROLLER AND HOW TO CONTACT US
(a) The Personal Information we collect and process is controlled by GoGym, through GoGym App Inc., a Florida corporation located in the United States. You may contact us at any time at firstname.lastname@example.org.
(b). Any and all Data Subject Access Requests (“DSAR’s”) may be submitted to the Company by emailing us at email@example.com. Such DSAR’s shall be responded to promptly. The Platform logs all personal data collected, and upon receipt of a specific request from a user of the Platform to do so, the Company will gladly provide a detailed explanation on how the user’s personal data is used.
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As a California resident, you may be able to exercise the following rights in relation to the personal information about you that we have collected (subject to certain limitations at law):
How to Exercise Your California Consumer Rights
To exercise your Right to Access, Right to Know and/or your Right to Deletion, please email us at firstname.lastname@example.org.
We may need to verify your identity before processing your request. To verify your identity, we will typically require the matching of sufficient information you provide us to the information we maintain about you in our systems. Certain requests may require us to obtain additional personal information from you in order to verify your identity.
In certain circumstances, you are permitted to use an authorized agent (as that term is defined by the CCPA) to submit requests on your behalf through email@example.com.
In addition to the rights described above, California's "Shine the Light" law (Civil Code Section §1798.83) permits California residents that have an established business relationship with us to request certain information regarding our disclosure of certain types of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year. To make such a request, please send an email to firstname.lastname@example.org. You may submit this request once per calendar year.