INTRODUCTION AND SCOPE
We want the Site 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 our Policy, contact us by email at email@example.com or by mail at the following address:
1241 E. Dyer Road, Ste. 100
Santa Ana, CA 92705
Attention: Legal Department
Our Sites also contain links to third party sites that are not owned or controlled by UFC Gym®. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our Sites and to read the privacy statements of each and every website that collects personally identifiable information.
PLEASE READ THIS POLICY CAREFULLY BECAUSE BY ACESSING THE SITES AND/OR CREATING AN ACCOUNT WITH US OR ALLOWING SOMEONE TO USE THE SITES ON YOUR BEHALF, YOU ARE CONSENTING TO THE COLLECTION, USE, DISCLOSURE, TRANSFER AND STORAGE OF PERSONAL INFORMATION OR OTHER INFORMATION RECEIVED BY US AS A RESULT OF SUCH USE IN ACCORDANCE WITH THIS POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS POLICY, PLEASE DO NOT USE THE SITES.
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.
If you are under the age of 13, please do not attempt to register at UFC Gym® or provide any personally identifiable information about yourself to us. If we learn that we have collected personally identifiable information from a child under the age of 13, we will promptly delete that information. If you believe we might have any information from a child under the age of 13, please contact us by email at firstname.lastname@example.org or by mail at the following address:
1241 E. Dyer Road, Ste. 100
Santa Ana, CA 92705
Attn: Legal Department
INFORMATION WE GATHER – PERSONALLY IDENTIFIABLE INFORMATION
We may collect information from you when you register with our Sites (and in other areas of ufcgym.com) such as the following:
- Home Address
- Email address
- Date of birth
- Phone number
- User ID
- UFC Gym membership number
This information is personally identifiable information and it allows us to contact you and distinguish you from other users. You may buy various products and services on our website. When you make purchases through the Sites, 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 which does not contain your personally identifiable information).
We may provide fitness tracking tools which allow you to save information so that you can track your workouts, nutrition or other private information about yourself. We may store your fitness tracking information on our servers in order to provide you with these tools. We may also use that information to provide you with other services through our website. Once we separate your fitness tracking information from your personally identifiable information, so that it cannot be linked back to you, we may use the aggregated information for other purposes.
You may have the opportunity to enter certain sweepstakes and contests which require registration with the Sites. If you enter a contest, we record your entry and link it to your registration information. Your personally identifiable information may be used to contact you for winner notification, prize delivery and related purposes.
We may receive additional personally identifiable information from you through communications with the Sites. For example, if you email the Sites 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 personally identifying information, in our customer service totals.
In order to maintain and improve the Sites, we also gather some statistical data when you visit the Sites. 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 personally identifiable information. We may request personally identifiable information 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 personally identifiable information.
We may provide you with various ways to submit information to be posted on our Sites including participating in our forums. In each of these circumstances, UFC Gym® will gather information from you. Anything you submit to our Sites through these services may be made public, so you should not include information you want kept private. You should be aware that information submitted to forums can be read, recorded and used.
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 personally identifiable information you provide to our Sites.
We may collect the physical location of your device by, for example, using satellite, cell phone tower, wifi 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 THAT INFORMATION
We own the information collected via our Sites. Among other things, this the information you provide us to may be used to:
- Set-up your membership
- Provide services and products to you
- Inform you about offers, contests or surveys
- Contact you regarding membership and services
- Monitor or improve the Sites
- Customize advertising and content
- Provide special offers to you
- Send you promotional materials on behalf of our business partners
Except as otherwise disclosed in this Policy, we do not rent, sell, transfer or otherwise disclose your personally identifiable information to any third party. We may aggregate information supplied by users during the registration process and information about their use of our Sites 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 personally identifiable information about you, and we want you to know about them.
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 personally identifiable information 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.
The Sites 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 personally identifiable information is one of the business assets transferred. In such a case, your personally identifiable information, 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 personal information and other information in accordance with the terms of this Policy. We may also share your personal information with our subsidiaries and/or affiliates consistent with this Policy. Our subsidiaries and affiliates will be bound to treat and maintain any personal information in accordance with this Policy.
We may also use and share your personal information 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. You should be aware that this is not a guarantee that such information may not be accessed or disclosed by breach of such firewalls and secure server software. By using this website or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Sites. We may post a notice on our Sites 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 Sites. 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 Sites, 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 Sites, 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:
U GYM, LLC
1241 E. Dyer Road
Santa Ana, California 92705
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 JURISDICTION 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 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 personally identifiable information 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 personally identifiable information 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.
If we change this Policy in any substantial way, we will notify you at least by posting a notice of the change on our website. The changes will become effective upon posting. Changes will not be applied retroactively to information obtained under a previous policy without your express consent.
CORRECTING/UPDATING PERSONAL INFORMATION
If your personally identifiable information (such as your address) changes, or you no longer desire access to our Sites, 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:
U GYM, LLC
1241 E. Dyer Road
Santa Ana, California 92705
Attention: Legal Department