Privacy Policy

We have created this privacy policy to demonstrate our commitment to protecting your privacy, and to disclose our information-gathering and dissemination practices. All capitalized terms used but not defined in this privacy policy shall have the meaning ascribed to them in the Terms and Conditions. This privacy policy is here to tell you about, among other things:

  • the information we collect through any of our Site(s) and through telemarketing, website and mobile applications and other means;
  • how we use the information we collect;
  • how you can opt out of certain uses of the information we collect; and
  • how we can make changes to this privacy policy.

Please let us know if you have any questions regarding this privacy policy by contacting us at legal@markfisherfitness.com.

PRIVACY OF MINORS

We do not knowingly collect personal information from children under the age of 13. If we learn that we have inadvertently obtained personal information on a child under the age of 13, that information will be deleted from our systems.

WHAT INFORMATION DO WE COLLECT?

In collecting your personal information, we aim to provide you with a more customized experience. This information lets us provide services and features that we think are more likely to meet your needs. Of course, users may be able to use our products or services, or browse our Site(s) without providing any personal information, but once you give us this personal information, you are not anonymous to us, and we consider that you consent to the collection, use and disclosure of your personal information as described in this policy.

MFF collects the following types of information when you visit our Site(s):

Personal Information:

This is information that may be used to identify you individually, including your name, shipping and billing addresses, phone number, email address, credit card information and date of birth. We request this information from you on and off our Site(s), for example, when you call us, sign up for our newsletter, visit or subscribe to our Site(s), use our mobile or web applications or purchase an item or service.

From time to time, we may also request or obtain personal information about you and your interests through surveys, contest/sweepstakes entry forms, our mobile applications, social media platforms, or in other ways. You may always choose not to provide us with your personal information; however, this may limit our ability to provide you with specific products, services or information, or to offer you personalized content.

Non-personal Information:

This is information which we do not associate with individuals, such as IP addresses (a number that can be used to identify your location and Internet Service Provider), the type of browser or device you are using, and aggregated information about user activities on our Site(s), including the URL from which you came to our Site(s) and the URLs that you visited on our Site(s).

Information We Obtain from Other Sources:

We may collect information about you from other sources, including through interactive applications (such as mobile devices/applications and third-party services) and from commercially available sources (such as data aggregators and public databases). For example, if you access third-party services (such as Facebook) through or in connection with our Site(s), we collect information available about you through those services, including, but not limited to, personal information as well as publicly observable data, such as activities on blogs, videos, and other online postings.

Cookies:

We also use a feature of your browser called a “cookie” to assign identification to your computer that may be placed by us or a third party with whom we partner. Cookies allow us to better understand your preferences and personalize the content on our Site(s) to give you a better overall experience. The unique user ID contained within your cookie automatically identifies your computer—but not you—to our servers every time you visit our Site(s). Cookies by themselves cannot be used to find out the identity of any user, but may be combined with identity information in our log files. You can turn off the cookie feature by using your browser preference options, but you may not be able to utilize some of the features or services on our Site(s) properly. Current versions of many Web browsers offer enhanced user controls for the placement and duration of cookies. Search for “cookies” under your web browser’s help menu for more information on the cookie management features available to you.

Pixel Tags:

We may also collect information through the use of “pixel tags” on our Site(s) and in email messages we may send to you that may be placed by us or a third party with whom we partner. Pixel tags, also known as “web beacons,” are tiny graphic files, not visible to the human eye, that are included in HTML-encoded email messages. When such a message is opened in an HTML-capable email program, the recipient’s computer will access our server to retrieve the pixel tag file, allowing us to record and store, along with the recipient’s email address, the date and time the recipient viewed the email message, the fact that the recipient’s email program is capable of receiving HTML-encoded email, and other standard logging information. The pixel tag may also see or read cookies. MFF may use pixel tags in order to measure and understand traffic better, to track visitor behavior to improve user experience, and for tracking promotional and marketing campaign response, among others. You can disable the pixel tag feature by changing your browser settings to omit images and disable Javascript; or there are commercial software packages available that can omit pixel tags and most advertisements.

Targeted Advertising; Do Not Track Signals:

Some web browsers offer a “Do Not Track” (“DNT”) signal that is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. Although we’re currently unable to honor DNT signals, we do not collect personal information when you visit our Site(s) unless you provide such information to us. We also work with third parties that use tracking technologies on our Site(s) in order to provide tailored advertisements on our behalf and/or on behalf of other advertisers across the Internet. These companies may collect information about your activity on our sites and your interaction with our advertising and other communications, and use this information to determine which ads you see on third-party websites and applications. For more information about this practice and to understand your options, please visitwww.youradchoices.com (U.S.), www.youradchoices.ca (Canada) or the Network Advertising Initiative atwww.networkadvertising.org.

HOW DOES MFF USE THE INFORMATION IT COLLECTS?

We use your personal information in the following ways:

  • to fulfill your orders for our products or services and communicate with you about your orders;
  • to process your requests, contact you in response to customer service matters you have submitted, to address a problem affecting your use of a product or service, or to verify information concerning a transaction;
  • to improve our products, services and advertising, to personalize our Site(s), target advertising or promotions that may be of interest to you, or conduct business that we feel would be of interest to you;
  • to send important notices to you or tell you about new products or services;
  • to contact you about MFF’s or any of its business units’ or partners’ products or services that we think you will find useful; or
  • to contact you to see if you are interested in participating in market research regarding MFF.

For information about opting out of communications about our products, services or market research, or those of our partners’, please see our “Opt-Out Policy” section below.

We may also use non-personal information (e.g., cookie and IP addresses information) to help diagnose problems with our server, administer our Site(s), count and track Site visits and purchases in the aggregate, personalize the Site(s) for each unique user, control the frequency of individual advertisements to individual computers, and target advertisements and promotions to broad demographic segments.

TO WHOM DOES MFF DISCLOSE YOUR PERSONAL INFORMATION?

Third-Party Suppliers; Transaction Processing:

When you make a purchase, we may need to provide personal information, including information such as your shipping address, billing information, telephone number, and credit card information, to third parties, including payment processing or shipping companies, as necessary solely to complete the transaction.

Legal Requirements:

We may, in our sole discretion, disclose personal information when we deem necessary or appropriate to law enforcement or other entities or third parties as required by law or to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud, identity theft, or otherwise to comply with the law or legal process, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights, property, or safety of MFF and its employees or others.

Business and Accounting Disclosures:

We may also disclose non-identifying transaction information to third parties for the purpose of accounting and record keeping. We may also disclose aggregate user data or non-personal information in order to describe our services to prospective business partners, advertisers, and others, but will do so only in a form that does not identify individual users.

Other Disclosures:

Occasionally, we may disclose personal information in other circumstances, but we will only do this if we have explained at the time we collect the information the purpose for which it will be disclosed. In certain other circumstances, we may be obligated to disclose your personal information to others, such as a governmental body or regulatory authority. These circumstances could include to comply with our duty to disclose or share your personal information under any legal obligation, to enforce or apply our terms of use and other agreements between you and us or to protect the right, property or safety of MFF.

OPT-OUT POLICY

You may opt out of receiving certain communications from us (e.g., notices about new products or services or marketing research) or third parties (e.g., co-branded offers), by emailing us at: legal@markfisherfitness.com or writing to us at:

Mark Fisher Fitness
411 West 39th Street
New York, NY 10018
Attn: Legal Department

In addition, we may contact you via email or use targeted online advertising as permissible by law. In the case of email, we may include instructions to enable you to unsubscribe from future emails if you so choose. You agree and understand that while we will do our best to comply with your request, we shall not be liable for any problems or delays associated with the opt-out process.

THIRD-PARTY TOOLS & SERVICES

At various points and pages on our Site(s), you may be able to access or utilize tools and/or services offered by or in conjunction with third parties, including tools and services in connection with third-party social media and other Site(s) that would allow personal information to be transferred to such third parties. These third parties have separate data collection and privacy practices independent from ours, and thus MFF cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.

SECURITY

No data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or our online products or services, and you do so at your own risk.

OTHER WEBSITE(S); LINKS

On our Site(s) and in communication with you, we may include links or referrals to businesses and websites operated by our business partners, affiliates, advertisers, and others. These third parties have separate data collection and privacy practices independent from ours, and thus MFF cannot be responsible for their policies or activities. Please contact those third parties directly if you have questions about their privacy policies.

INTERACTIVE FORUMS

Our Site(s) may include interactive online forums, blogs and other interactive technologies that may allow comments, messages, emails, and postings to be associated with a user’s name or email address. Any information you post is public information, and MFF cannot control what use third parties may make of this personal information. All of these forums are public. Please consider this before you post.

HOW CAN I DELETE MY INFORMATION?

MFF does not currently have a method for users to delete the personal information contained in our database; however, you can contact us to withdraw your consent for us to use your information at any time, subject to legal or contractual restrictions.

USERS BASED OUTSIDE OF THE USA; TRANSFER OF PERSONAL INFORMATION

Like almost every website, our Site(s) may be accessed by an international audience. By visiting any of our Site(s) and providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in this policy. In addition, such data may be transferred and stored on servers located in the United States of America or otherwise outside your resident jurisdiction; such jurisdictions may have less stringent privacy practices than your own. Our third-party service providers may also be located outside of your jurisdiction. By providing us with your data, you consent to the transfer of such data. Personal information that is transferred or maintained outside of your jurisdiction could be accessible to law enforcement agencies according to the laws of the applicable foreign country.

WHAT HAPPENS TO MY INFORMATION IF MFF IS SOLD TO OR MERGES WITH ANOTHER COMPANY?

It is possible that MFF and/or any of our assets may be acquired by an unrelated third party. In such a transaction, as the owner of this customer information, we may disclose or sell the information as an asset of the company in conjunction with the sale of our company or the sale of a portion of our assets to a third party. While we will endeavor to require the successor company to maintain this privacy policy, we cannot guarantee that our policy will remain in effect.

CHANGES TO THIS POLICY

This policy may change from time to time. If we make any substantive changes to the policy in the future with regard to how we use your information, we will post those changes on our Site(s) in this location together with the date of the last update. Your continued business relationship or use of the Site(s) after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue your use of our Site(s) or business relationship with us.

CONTACTING US

Please feel free to share any comments, concerns, or complaints with us. If you have any questions about this privacy policy or the practices of the Site(s), please contact:

Mark Fisher Fitness
411 West 39th Street
New York, NY 10018
Attn: Legal Department

or email us: legal@markfisherfitness.com

Last updated and effective: August 26, 2015