- 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 and who we share it with;
- how we use “cookies” and other tracking mechanisms to track information about your use of our website and app(s);
- how you can opt out of uses of the information we collect;
- how we keep your personal information secure; and
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 particular, MFF may collect the following types of information when you visit our Digital Properties:
General 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 Digital Properties; for example, when you call us, sign up for our newsletter, visit or subscribe to our websites, 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.
Membership and Clubhouse Usage Information:
If you are a member of MFF or any of our fitness properties, we will collect information about how you use and interact with the MFF Clubhouse and the Digital Properties, including the clubhouse locations and times you check in to them, workouts you log, classes or training sessions you book or add to your schedule, and information provided when you purchase additional training or class packages.
Demographic and Fitness Information:
We will collect certain demographic information, including your age, date of birth, and gender identity when you join or visit MFF. In addition, if you become an MFF member we may collect certain personal data that you provide during the course of your membership (such as when you complete a fitness assessment or participate in personal training) regarding your fitness and health, including height, weight, measurements, body fat, performance metrics, current and past injuries and surgeries, nutritional information, biometric information, and fitness goals, and may also gather information about you that is developed by our personnel, such as training session logs and notes taken by personal trainers and other MFF staff. As a member, we may also collect your photograph and CCTV video footage for identification and clubhouse security purposes.
Digital Account Registration:
If you are a member of MFF and establish an account on the Digital Properties we will collect your username, password and email address, as well as any other information you provide in connection with your Digital Properties account and account preferences, such as a profile picture and your preferred nickname. If you have established a Digital Properties account, you may log in to it in order to review and update your information and preferences.
Information from Your Mobile Device:
If you access our Digital Properties from your mobile device, we may also collect certain information from you to help maximize the functionality of your mobile experience, in each case with your permission. Examples of such information we may collect or access from your mobile device are your device’s calendar to help you keep track of your upcoming classes or sessions, and location information from your mobile device to help you locate the nearest MFF location and to send you push notifications, such as promotional notices. Please be aware that you may turn off this feature through the location settings on your mobile device.
When you purchase goods or services from us, we collect certain personal information related to those purchases, such as your credit/debit card information, billing address, the goods and services purchased, and other related transaction information.
We may automatically collect certain information about how you use and interact with the Digital Properties and the MFF Clubhouse(s), such as the time and duration of your visits, search query terms you may enter, and the Digital Property pages, features and content you access and how you interact with those pages, features and content.
Technical Information (Which We Collect Automatically):
This is information that is automatically collected when you use our Digital Properties and includes 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, the URL from which you came to our Digital Properties, the URLs that you visited on our Digital Properties, and the length of time you spent on our Digital Properties. We combine this information with other information we collect about you as well as use this information to identify you across your multiple devices.
Information We Obtain from Social Media, Third-Party Apps and 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). If you interact with MFF through social media platforms (e.g., by clicking a Facebook “like” button or commenting on an Instagram post) or “check in” to MFF through social media, information may be made available to, and collected by MFF through those social media profiles and accounts. For example, if you access third-party services (such as Facebook) through or in connection with our Digital Properties, 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. In addition, if you elect to connect any third-party fitness devices or apps to the Digital Properties in order to utilize certain features and functionalities, we may collect information about you from such third-party apps.
We collect certain information by automated means when you visit the Digital Properties, through various means such as “cookies,” “web beacons” and IP addresses, as described below.
A “cookie” is a small text file that a website saves on your computer or mobile device when you visit that website. Cookies allow us to better understand your preferences and personalize the content on our Digital Properties to give you a better overall experience. Cookies may also enhance your online experience by saving your preferences while you are visiting a particular website.
Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. 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 Digital Properties 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.
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 Digital Properties unless you provide such information to us. We also work with third parties that use tracking technologies on our Digital Properties 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 YOUR PERSONAL DATA?
We use your personal data to provide you with the services, products and information you request, administer your membership and respond to your inquiries and questions, deliver a more relevant and curated experience with MFF and our mobile apps, and to satisfy our other business purposes and needs. We use your personal data for these purposes because we have a legitimate business interest in providing services to our members, guests and other interested individuals.
In particular, we may use your personal data in connection with the following:
- to fulfill your orders for our products or services and communicate with you about your orders;
- to implement and deliver optimal personal training and fitness services tailored to your specific needs and requests;
- 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 Digital Properties, target advertising or promotions that may be of interest to you, or conduct business that we feel would be of interest to you;
- to determine the effective ness of our advertising and marketing;
- to send important notices to you or tell you about new products or services;
- to send you marketing communications about MFF’s businesses or the business, products or services of carefully selected third parties which we think you will find useful, by mail or, where you have specifically agreed to this, by email or similar technology (you can always inform us at any time if you no longer want to receive such marketing communications);
- to contact you to see if you are interested in participating in market research regarding MFF;
- to maximize the efficiency and functionality of accessing our products and services through your mobile device; and
- to analyze our businesses, services, solutions, websites and mobile apps; and improve our security
We may also use non-personal information (e.g., cookie and IP addresses information) in connection with the following:
- to help diagnose problems with our server;
- administer our Digital Properties;
- count and track Digital Property visits and purchases in the aggregate;
- personalize the Digital Properties for each unique user;
- control the frequency of individual advertisements to individual computers; and
- target advertisements and promotions to broad demographic segments.
Remember, you have the right to opt out of receiving communications about our products, services and market research. For more information about how to opt out of these communications, please see our “Opt-Out Policy” section below.
TO WHOM DOES MFF DISCLOSE YOUR PERSONAL DATA?
Third-Party Suppliers; Transaction Processing:
When you make a purchase, we may need to provide personal 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.
We may disclose your personal information, only 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, prospective purchasers of any asset that we are contemplating selling, advertisers, and others, but will do so only in a form that does not identify individual users.
You may opt out of receiving promotional 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: [email protected] 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.
We implement technical and organizational safeguards to ensure an appropriate level of security and confidentiality for your personal data, in accordance with our policies and any applicable laws. We will hold your personal information on our systems for as long as necessary to provide the relevant services to you or for so as long as reasonably required to satisfy the purpose for which you submitted the information, and taking into account any record retention requirements under any applicable laws.
Please be aware, though, that no data security measures can absolutely guarantee security. Because of this, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or via our online products or services, and you do so at your own risk. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
LINKS TO OTHER WEBSITES
Our Digital Properties 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 directly 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. You may also ask us to correct or to remove information that you think is inaccurate. We also provide you with tools and account settings to access or modify some of the information you provided to us and associated with your account if you have registered for an account with our Digital Properties.
USERS BASED OUTSIDE OF THE USA
MY CALIFORNIA LAW RIGHTS
California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their “personal information” (as defined under the California Online Privacy Protection Act), if any, for their direct marketing purposes in the prior calendar year, as well as the type of “personal information” disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to [email protected]
WHAT HAPPENS TO MY INFORMATION IF MFF IS SOLD TO OR MERGES WITH ANOTHER COMPANY?
CHANGES TO THIS POLICY
Mark Fisher Fitness
411 West 39th Street
New York, NY 10018
Attn: Legal Department
or email us: [email protected]
Last updated and effective: June 22, 2018