Last modified: [01/14/2019]
INTRODUCTION AND SCOPE
This Policy applies to information we collect:
On the Website.
In email, text, and other electronic messages between you and this Website and/or us.
UFC GYM Mobile Application(s) available on iOS/Android.
Through information you may provide to us in your membership application, agreement or through your use of our UFC GYM Clubs and/or services.
This Policy does not apply to information collected by any third-party sites that are not owned or controlled by UFC Gym®, including through any application or content (including advertising) that may link to or be accessible from or on our Website. Please be aware that we are not responsible for such third-party service providers’ privacy practices or contents. Therefore, UFC Gym® advises you to be aware when you leave our Website and to read carefully the privacy policies of such third parties.
We want our Website to be your source for fitness information, products, services and tools related to our UFC Gym brand. If you have any questions or concerns about this Policy, contact us by email at email@example.com or by mail at the following address:
1501 Quail St, Suite100
Newport Beach, CA, 92660
Attention: Legal Department
This Policy may change from time to time (see Policy Changes). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
ARBITRATION CLAUSE NOTICE
Please note that this Policy is subject to an arbitration provision, requiring you to arbitrate any claims you may have against UFC Gym® on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, if any, and that you may not proceed in a class, consolidated or representative capacity.
NO INFORMATION FROM CHILDREN UNDER THE AGE OF 13
Our Website is not intended for children under 13 years of age. No one under age 13 may register at UFC Gym® or provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13: (i) do not use or provide any information on this Website or on or through any of its features, (ii) register on the Website, (iii) make any purchases through the Website, (iv) use any of the interactive or public comment features of this Website, or (v) provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at by email at firstname.lastname@example.org or by mail at the following address:
1501 Quail St, Suite100
Newport Beach, CA, 92660
Attn: Legal Department
INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We may collect several types of information from and about users of our Website and our clubs, which may include:
Information you provide by filling out forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our services, posting material or public comments, or requesting further services, and includes information by which you may be personally identified, such as name, home and/or postal address, e-mail address, telephone number, gender, date of birth, user ID, password, and/or UFC Gym membership number. This information is personally identifiable information (“PII”) and it allows us to contact you and distinguish you from other users, among other things.
You may also provide information when you carry out transactions through our Website. For example, if you buy products and/or services through our Website we gather information such as what you are purchasing, your method of payment, and your billing and shipping information. We will use this information to complete the transaction, to provide you with an order history and to facilitate future orders. This information may also be used for aggregate reporting (which summarizes the data in a report but does not contain your PII).
Device and application data: we collect data about the devices and applications used when connecting to/or accessing our Website, including but not limited to, IP address and browser type. We can usually infer geographic data based on a subscriber’s IP address. If you visit our Sites from an external source (like another website or via email link), we might record information about the source that referred you to us.
In-club beacons: in addition to web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs), we may also have beacons present in a UFC GYM Club which may be used to check you in to the Club, confirm your attendance to classes and monitor your use of equipment in the UFC GYM Club.
We may collect certain fitness information about you through the UFC GYM Mobile Application, through heart rate monitors and other wearable technologies (e.g., Apple Watch, FitBit, Garmin, etc.) including, without limitation, your birth date, heart rate, step count and information about your heart rate and performance in classes as well as on machines used in the Club (e.g. bikes, ellipticals, and treadmills) which collect such data. Additionally, we may collect information from other applications on your mobile device such as the Health app.
Certain areas of our Website, including our social media accounts, contain information supplied by users and others. If you submit user content to our social media accounts, you acknowledge that the content will be publicly available. Please do not submit any information to the social media accounts, including personally identifiable information, that you do not want to make public. We are not responsible for comments, advice, reviews, information, or any other posting made by you, other users or third parties in these areas. We do not have the obligation, but we reserve the right, to review content posted in public areas, including to our social media pages, and to delete or edit them, for any reason, at any time.
We may provide fitness tracking tools through a third party service provider which allow you to save your fitness information so that you can track your workouts, nutrition or other private information about yourself. Such third parties may store your fitness tracking information in order to provide you with these tools. Such third parties may provide such information to us and also use that information to provide you with other services through our Website. Once we separate your fitness tracking information from your PII, so that it cannot be linked back to you, we may use the aggregated information for other purposes.
We may also ask you for information when you enter and/or participate in certain sweepstakes and contests sponsored by us. If you enter a contest, we record your entry and link it to your registration information. Your PII may be used to contact you for winner notification, prize delivery and related purposes.
We may receive additional PII from you through communications with the Site. For example, if you email the Site to ask about a product or service, we will use that information to respond to your inquiry, to have a history of our service to you and to make better our service by reporting your request, without any PII, in our customer service totals.
Information you provide to us in order to use our UFC GYM Clubs including, without limitation, information provided in connection with the purchase and/or use of a UFC GYM membership, personal training session or other products and services sold by UFC GYM. Information provided to us in connection with UFC GYM memberships, personal training sessions and/or other services provide at UFC GYM Clubs will be shared with and stored by third party data processors that we work with (at this time, ClubReady) including, without limitation, your fingerprint.
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the Site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, and other tracking technologies.
In order to maintain and improve the Site, we gather some statistical data when you visit the Site. The exact information we collect may vary but can include the date and time of an access to our Website, the Internet Protocol (“IP”) address of a computer requesting a page, the pages requested, and computer and connection information such as browser type and operating system. We do not associate this statistical information with your PII.
We may request PII from you via surveys or voting polls. If you respond to a survey or poll, we may aggregate your responses with those of other UFC Gym® members but we do not associate your response with any PII.
Please note that we may provide you with various ways to submit information to be published or displayed (hereinafter, "posted") on public areas of the Website or transmitted to other users of the Website or third parties (collectively, "User Contributions"). In each of these circumstances, UFC Gym® will gather information from you. Your User Contributions are posted and transmitted to others at your own risk. Anything you submit to our Site through these services may be made public, so you should not include information you want kept private.
Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
We may also use “activity tags” (also called “spotlight tags”). These invisible tags provide information to third parties about the flow of users on our Website and other websites. We may receive reports generated from that information. Information collected from the use of activity tags on our Website is not linked to any PII you provide to our Site.
We may collect the physical location of your device by, for example, using satellite, cell phone tower, Wi-Fi signals or your IP address. We may use your device’s physical location to provide you with location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing service providers to enable them to provide you with more localized content and to study the effectiveness of advertising campaigns. You may be able to allow or deny such uses and/or sharing of your device’s location by changing your device’s location settings, but if you choose to deny such uses and/or sharing, we and our marketing service providers may not be able to provide you with the location-based services and content.
HOW WE USE YOUR INFORMATION
We own the information collected via our Site and in our UFC GYM Clubs. Among other things, we use information that we collect about you or that you provide to us to or that is provided to us by third parties:
Set-up your membership.
Provide services and products to you.
Check you into the UFC GYM Club.
Sign-up for and check you into UFC GYM classes.
Inform you about offers, contests or surveys.
Contact you regarding membership and services.
Monitor or improve the Site.
Customize advertising and content.
Provide special offers to you.
Send you promotional materials on behalf of our business partners.
Fulfill any other purpose for which you provide it.
Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including, without limitation, membership and/or personal training agreements, including for billing and collection.
Notify you about changes to our Website or any products or services we offer or provide through it.
We may also use your information in connection with our marketing service providers to enhance the content we provide to you and create a better user experience.
In any other way we may describe when you provide the information.
For any other purpose with your consent.
Except as otherwise disclosed in this Policy, we do not rent, sell, transfer or otherwise disclose your PII to any third party. We may aggregate information supplied by users during the site registration process and information about their use of our Site to maintain our services and describe our Website user base to potential partners and advertisers. This information is used to supply summary data about our community of users. There are certain circumstances in which we may need to disclose PII personally identifiable information about you, and we want you to know about them.
We may share your PII, including workout and health data, with third party health-focused mobile applications and websites to help you track your health and wellness information. If you choose to share your information with these apps, your PII, including your health information, will be used in accordance with those apps and websites own privacy policies, not this one.
We may employ other businesses, certain services, and individuals to perform functions on our behalf, such as fulfilling orders, delivering packages, providing customer service, sending mail, processing credit card payments, holding live chats, providing marketing assistance, data analysis and customer service. We may share your PII with these companies. We will provide them with only the information necessary to perform their functions.
We may form partnerships with other companies. Some of these partnerships include the sharing of some of your personal information with our partners to extend these services to you. We require that our partners not disclose your information to other organizations without your consent. However, our partners’ use of your information is governed by their privacy policies, including those policies found at:
The Site may be sold in connection with a sale of a substantial portion of the assets of our company or other transactions may occur in which your PII is one of the business assets transferred. In such a case, your PII, which we have gathered, may be one of the business assets we transfer and, you agree to such transfer and acknowledge and agree that any successor to or acquirer of us will continue to have the right to use your PII and other information in accordance with the terms of this Policy.
We may also share your PII with our subsidiaries and/or affiliates including, without limitation Zuffa, LLC, consistent with this Policy. Our subsidiaries and affiliates will be bound to treat and maintain any PII in accordance with this Policy.
We may also use and share your PII for other legitimate business reasons not specified herein. We will periodically update this Policy to inform you of any changes to our data use and sharing practices.
No data transmissions over the internet can be guaranteed to be entirely secure. We cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we will make all reasonable efforts to ensure security on our systems. We use secure server software and firewalls to protect your information from unauthorized access or disclosure. So, while we strive to protect your data, we cannot guarantee that unauthorized access, hacking, data loss or a data breach will never occur.
You should be aware that your information may be accessed or disclosed in connection with a breach of such firewalls and secure server software. By using this Website or providing PII to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Site. We may post a notice on our Site if a security breach occurs. In these circumstances, we may also send an email to you at the email address you have provided to us so that you can take appropriate steps.
Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at email@example.com.
We may use your email address to contact you with required email messages about the Site. We may also use your email address to send you newsletters or other communications you request. We will do our best to provide you with an opportunity to opt-out of receiving such further communications at the time you are contacted.
DISPUTES AND AGREEMENT TO ARBITRATE
By using the Site, you and UFC Gym® agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site, or the breach, enforcement, interpretation, or validity of this Policy or any part of it ("Dispute"), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.
Notice shall be sent:
To UFC Gym® at:UFC Gym®
1501 Quail St, Suite100
Newport Beach, CA, 92660
Attention: Legal Department
To you at:
Your last-used billing address or the billing and/or shipping address that we may have on file for you.
Both you and the UFC Gym® agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDIAUL BASIS. Arbitration on an individual basis means that you will not have, and you hereby waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Policy, including any claim that all or any part of this Policy is void or voidable.
CHOICE OF LAW
This Policy has been made in, and shall be construed in accordance with, the laws of the State of California, without giving effect to any conflict of law principles.
YOUR CALIFORNIA PRIVACY RIGHTS
It is vitally important for you to keep your personal information accurate, current and complete at all times, as well as for you to be able to reach us should you have any questions or concerns regarding this Policy. If we are unable to address your issue immediately, we will respond as soon as possible.
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of PII that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, that law provides that consumers may request a copy of the PII that we hold about you.
Consumers may also request information regarding the categories of PII that have been shared with third parties, the names and addresses of those third parties and examples of the types of services or products marketed by those third parties. To request either a copy of the PII maintained by us about you or to request a copy of the information disclosure provided by us during the preceding calendar year pursuant to Section 1798.83 of the California Civil Code, please contact us via email to firstname.lastname@example.org, or by writing us at the address at the bottom of this Policy. Please allow 30 days for a response.
RETENTION OF YOUR INFORMATION.
We retain your PII and other information as long as it is necessary and relevant for our operations. We may retain information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Service, and/or take any other action permitted by law. The information we retain about you will be handled in accordance with this Policy to the maximum extent permitted by law, after which it will be fully deleted or, alternatively, anonymized.
CORRECTING/UPDATING PERSONAL INFORMATION
If your PII (such as your address) changes, or you no longer desire access to our Site, you may correct, update or remove personal data you have provided to us by making changes to your profile, by using an opt out message in your email, or by emailing us with your request.
QUESTIONS ABOUT THIS POLICY
We hope that this Policy is straightforward and clear, but if you have any questions regarding it, please email email@example.com or contact us via mail at:
1501 Quail St, Suite100
Newport Beach, CA, 92660
Attention: Legal Department