EFFECTIVE DATE: November 15, 2018
- The Information We Collect About You
- How We Use Your Information
- How We Share Your Information
- Third-Party Links
- Security of Your Personal Information
- Access to Your Personal Information
- What Choices Do I Have Regarding Promotional Emails?
- Children Under 13
- Contact Us
- Changes to this Policy
- Additional Information for EU Individuals
1. THE INFORMATION WE COLLECT ABOUT YOU
We collect information about you directly from you and from third parties, as well as automatically through your use of our Site and App.
Information We Collect Directly From You. The information we collect from you depends on how you use our Site, App, and Services.
- To Sign Up for a Workout Online. To sign up for a trial workout at an AmpedUp Fitness Studio studio through our Site or App, you must provide us with your name, email address, phone number, and a credit card number. We also will collect information about for an emergency contact
- To Schedule or Purchase Sessions Online. To create an account to sign up for workout sessions or to purchase sessions online through our Site or our App, you must provide us with your name, physical address, email address, date of birth, your phone number, your height and weight, your payment and billing information, and your username and password. If you complete a membership agreement or sign up for a fitness event, we also collect information about any health conditions that could affect your ability to participate in a workout. If you do not provide this information, you will not be able to create an online account, complete a membership agreement, or make a purchase.
- We will also collect information about the workouts you schedule and information about your purchases. You may also provide information about your preferences, such as your favorite coaches.
- When You Visit an AmpedUp Fitness Studio. If you sign up for a workout or become an AmpedUp member by registering at AmpedUp Fitness Studio, you must provide us with your name, physical address, email address, date of birth, your phone number, your height and weight, marital status, emergency contact information, and your payment and billing information. We also will collect information about any health conditions that could affect your ability to participate in a workout. If you do not provide this information, we may not be able to offer our services to you. We also will collect information about the workout sessions you schedule, details about your exercise frequency and goals, and information about your in-studio purchases. We will also collect information when you check in for a workout, such as your name, address, email address, member number, and location. As part of your workout session, you may choose to use our PolarUSA heartrate monitors. If you do so, we will collect your workout session heartrate, and other workout statistics. At certain locations you have the option of voluntarily participating in a body scanning program. This scan will measure your body’s muscle, fat, and water mass, and will report your overall body composition and body mass index. These scans help you understand the effects of your workouts.
Information We Collect from Social Networking Sites. You may log into your online account or our Apps through Facebook. If you log in to your account or link your account to your Facebook profile, you must enter your Facebook email address and password. We will ask that you grant us permission to: (i) access your Facebook basic profile information (this includes your name, profile picture, gender, networks, user IDs, list of friends, date of birth, email address, and any other information you have set to public on your Facebook account), (ii) post to your wall; and (iii) access posts in your newsfeed. If you allow us to have access to this information, then we will have access to this information even if you have chosen not to make that information public through Facebook.
Information We Collect Automatically. We automatically collect information about your use of our Site and Apps through cookies, web beacons, and other technologies, including technologies designed for mobile apps. To the extent permitted by applicable law, we combine this information with other information we collect about you, including your personal information. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.
- domain name;
- your browser type and operating system;
- web pages you view on the Site; links you click on the Site; your IP address;
- the length of time you visit our Site and or use our Services; and
- the referring URL, or the webpage that led you to our Site.
- mobile device ID; device name and model; operating system type, name, and version;
- language information;activities within the App; and the length of time that you are logged into our App; location information.
- With your permission, we will collect location information from your mobile device to help you identify AmpedUp Fitness studios located in your area. You may turn off this feature through the location settings on your mobile device.
2. HOW WE USE YOUR INFORMATION
We use your information, including your personal information, for the following purposes:
- To provide our services to you, to communicate with you about your use of our services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
- To tailor the content and information that we may send or display to you, to offer location customization, and to offer personalized help and instructions, and to otherwise personalize your experiences while using the Site and App. For example, we will display upcoming workouts at your preferred studios, or we may use your location information to show you AmpedUp Fitness studios in your area. We also use information collected through PolarUSA and body scans to customize workout programs and classes and to conduct workout challenges.
- For marketing and promotional purposes. For example, we use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products, services, workout sessions, or other information we think may interest you.
- We use your information (typically in the aggregate) to assist us in advertising the AmpedUp Fitness brand on third party websites and in evaluating the success of our advertising campaigns through third party channels (including our online targeted advertising and offline promotional campaigns).
- To better understand how users access and use our Site and Apps, both on an aggregated and individualized basis, in order to improve our Site and Apps, and respond to user desires and preferences, and for other research and analytical purposes.
- To administer our membership reward program.
- To administer surveys and questionnaires, such as for market research or member satisfaction purposes.
- To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
3. HOW WE SHARE YOUR INFORMATION
We may share your information, including personal information, as follows:
- Workout Sessions and Challenges. During a workout session, participants may share their name and PolarUSA heartrate information with other session participants on our in-studio display screens. If you participate in a workout challenge, you may share your name and workout information with other challenge participants. You may also share information about your workouts and challenges you participate in with your social media accounts.
- Amped Scheduling Software. .When you sign up for a workout or schedule or purchase sessions through our Site or App or in-person at a studio, such information is hosted by Mindbody Inc. (“Mindbody”), a third party provider under contract with AmpedUp Chicago Inc. All data hosted by Mindbody is made available to AmpedUp and the owner of your studio .
- Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
- Service Providers. We disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf. In particular, the workout sign-up portal is hosted by Mindbody; as noted above, when you register for a workout, your information is available to the owner of that particular location and Ultimate.
We also disclose information in the following circumstances:
- Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we will share certain of your personal information with lenders, auditors, and third party advisors, including attorneys and consultants.
- In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
- Aggregate and De-Identified Information. We may share aggregate, de-identified, or anonymized information about users and members with third parties for marketing, advertising, research, or similar purposes.
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and App, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and App.
Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web or mobile application pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site and App to, among other things, track the activities of Site visitors and App users, help us manage content, and compile statistics about usage of our Site and Apps. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Do Not Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third-Party Ad Networks section.
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members. If you are in the EU, you may opt-out of certain third party cookies that we and other websites may use for targeted advertising through the European Interactive Digital Advertising Alliance (EDAA) Your Online Choices Page or www.aboutads.info.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
5. THIRD-PARTY LINKS
Our Site and Apps may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.
6. SECURITY OF YOUR PERSONAL INFORMATION
We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.
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 login 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.
7. ACCESS TO YOUR PERSONAL INFORMATION
You may modify personal information that you have submitted by logging into your account and updating your profile information. You may also update your information by visiting your AmpedUp Fitness studio. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site or App for a period of time.
8. WHAT CHOICES DO I HAVE REGARDING PROMOTIONAL EMAILS?
In accordance with applicable law, we will send periodic promotional emails to you. You may opt-out of promotional communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails about recommendations or other information we think may interest you, we may still send you emails about your account or any services you have requested or received from us.
We also send their own marketing emails in accordance with applicable law. If you no longer wish to receive marketing emails from our franchisees, you will need to separately opt-out of the respective franchisee’s marketing emails. We do not control, and are not responsible for, the promotional emails sent by our franchisees.
9. CHILDREN UNDER 13
Our Site, Apps, and services are not designed for children under the age of 13. If we discover that a child under the age of 13 has provided us with personal information, we will delete such information from our systems.
10. CONTACT US
If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at email@example.com or by contacting your local studio.
11. CHANGES TO THIS POLICY
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site and App. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site and App.
12. ADDITIONAL INFORMATION FOR EU INDIVIDUALS
The information we collect through the Services is controlled by AMPEDUP CHICAGO INC. , which is headquartered in the United States at 1429 North Sedgwick, Chicago, Illinois 60610, USA.
The Legal Bases for Using Your Personal Information. We collect your information as a data controller when we have a legal basis to do so. The following legal bases pertain to our collection of data:
- Our use of your personal information is in our legitimate interest as a commercial organization (for example in order to make improvements to our products and services and to provide you with information you request); you have a right to object to processing as explained in the section below entitled Your Legal Rights;
- Our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you (for example, to facilitate your participation a trial class that you have requested, , where we use your personal information to respond to your customer service requests, to provide our services through our Site or Apps); and/or
- Our use of your personal information is necessary to comply with a relevant legal or regulatory obligation that we have (for example, where we are required to disclose personal information to a court or tax authority).
- Our use of your personal information is in accordance with your consent (for example, when you consent to sharing your personal information with a third party for their own marketing).
- Our use is necessary to protect your vital interests (for example, if you are injured during a workout)
- If you would like to find out more about the legal bases on which we process personal information, please see Appendix A at the end of this policy or contact us using the details below.
Retention of Your Personal Information. We retain your personal information for as long as necessary to provide our services to you, to fulfil the purposes described in this Policy and/or our business purposes, or as required by law, regulation, or internal policy.
Special Categories of Personal Information. We require an additional legal basis to process special categories of personal information which includes your health data (which may be inferred from your weight and height, performance during workouts, from your heartbeat when you use one of our PolarUSA heartrate monitors and your voluntary participation in body scans, or when we ask you to provide to us with your health information, such as health conditions that you disclose to us when completing a membership agreement), which shall be one of the following:
- You have provided explicit consent;
- The processing is necessary to protect your vital interests or those of another person where you are physically or legally incapable of giving consent (for example in exceptional situations such as a medical emergency); or
- The processing is necessary for the establishment, exercise, or defense of legal claims.
- Profiling. We may analyze members’ workout habits and activities, interests, and preferences in order to provide our services, such as to customize workouts, and for our marketing purposes.
Processing of Information from Children Between the Ages of 14 and 17. Where a child in the EU between the ages of 14 and 17 provides us with personal information through the Services and our processing is based on consent as a legal basis, we will obtain the consent of the child’s respective parent or guardian. The parent or guardian has the right to withdraw such consent provided on behalf of their child at any time.
Your Legal Rights. Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, when Ultimate acts as a data controller, European Union individuals have certain rights in relation to their personal information:
Right to access, correct, and delete your personal information: You have the right to request access to the personal information that we hold about you and: (a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your personal information may be transferred.
You also have the right to request that we delete your information.
We are not required to comply with your request to erase personal information if the processing of your personal information is necessary for compliance with a legal obligation or for the establishment, exercise, or defence of legal claims.
Right to restrict the processing of your personal information: You have the right to restrict the use of your personal information when (i) you contest the accuracy of the data; (ii) the use is unlawful but you do not want us to erase the data; (iii) we no longer need the personal information for the relevant purposes, but we require it for the establishment, exercise, or defense of legal claims; or (iv) you have objected to our personal information use where such use is justified on our legitimate interests and we must verify as to whether we have a compelling interest to continue to use your data.
We can continue to use your personal information following a request for restriction, where:
- we have your consent; or
- to establish, exercise or defend legal claims; or
- to protect the rights of another natural or legal person.
Right to data portability: To the extent that we process your information (i) based on your consent or under a contract; and (ii) through automated means, you have the right to receive such personal information in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller.
Right to object to the processing of your personal information: You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.
Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction: You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the EEA.
Right to lodge a complaint with your local supervisory authority: You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information.
We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.
How to Exercise Your Rights: If you would like to exercise any of the rights described above, please send us a request at firstname.lastname@example.org. In your message, please indicate the right you would like to exercise and the information that you would like to access, review, correct, or delete.
We may ask you for additional information to confirm your identity and for security purposes before disclosing the personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.
We may not always be able to fully address your request, for example if it would affect the duty of confidentiality we owe to others or if we are legally entitled to deal with the request in a different way.
Appendix A: Our Legal Bases for Processing Personal Information of European Union Individuals
|Type of Personal Information||Processing Purpose(s)||Our Legal Basis|
|Name, contact information, studio preferences||·Provide free trial workout session||·To perform a contract or take steps to enter into a contract with you|
|Name, contact information, date of birth, marital status, payment and billing information, online username and password
Scheduled workouts, attended workouts, member identification number, exercise frequency and goals
|·To provide the AmpedUp services (online account creation, online and purchases, participating in AmpedUp workouts when you have chosen to reflect certain information in the App)
· To administer our membership reward program
|·To perform a contract or take steps to enter into a contract with you|
|·Notify your emergency contact in the event of an injury or incident||·Protection of your vital interests|
|Name, contact information, workout activities||·To market the AmpedUp Fitness services||·Our legitimate interests; OR
|Health conditions that could affect your ability to participate in a workout, height and weight||·To become an AmpedUp member||·To perform a contract or take steps to enter into a contract with you; AND
· To protect your vital interests
|PolarUSA heartrate information||·To provide the AmpedUp services, including workout customization;
|·To perform a contract or take steps to enter into a contract with you;
·Protection of your vital interests; AND Your consent
|Computer and mobile device information, including IP address||·To provide and improve our website and mobile applications||·Our legitimate interest|
|Computer and mobile device information, including IP address||·Online targeted advertising||·Our legitimate interests; OR your consent|
|Name, contact information, workout activities||·To administer surveys and questionnaires||·Our legitimate interest|
|Name, address, contact information, financial information of persons interested in operating a franchise||·To administer our franchise program||·To perform a contract or take steps to enter into a contract with you|
|Body scan information||·Provide you with your body scan results.||·Your consent|