Privacy Policy
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Anytime Fitness, LLC (“we” or “us”) respects the importance of the privacy of your personal information. This Privacy Policy outlines our current policy on personal information concerning club members, consumers, and franchisees, and covers the operations of our fitness clubs, franchise operations, business development and use of our web sites under anytimefitness.com (the “Sites”). It gives you notice regarding:
- Personal information we collect, how we use it, and with whom we may share it
- Our relationship with other websites
- How you can correct any inaccuracies in your personal information
- Security procedures we use to protect your personal information from misuse
- Retention of your personal information
- Changes to this Privacy Policy
- Country-specific requirements
We encourage you to read this whenever you visit our fitness clubs or Sites, since we may change this policy from time to time. A copy of the current policy is always posted at www.anytimefitness.com/privacy.
When you access the Sites, request or use services from us, whether directly or through our representatives, affiliates or franchisees, you agree to the terms of this Privacy Policy. You may refuse or withdraw your consent at any time; however, we may not then be able to provide you with our full range of services. You may not use the Sites if you do not agree to the Privacy Policy.
Territories
This Privacy Policy covers our activities in the United States and Canada. We host the Sites currently on servers located within the United States, but the locations of our servers may change from time-to-time, and your personal information may be stored on servers located within the United States, Canada, or in another country. Further, our franchisees may maintain individual websites in the country or territory they service.
Privacy requirements and treatment of personal information varies from country to country. To meet these requirements, we have included certain “Country-Specific Privacy Notices” as part of this Privacy Policy. You may locate the Country-Specific Privacy Notices at the end of this Privacy Policy.http://www.anytimefitness.com/?p=6459&preview=true
Consent
BY SUBMITTING YOUR PERSONAL INFORMATION TO US, YOU ARE CONSENTING TO THE PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES OR IN ANY OTHER COUNTRY IN THE WORLD AND TO OUR USE OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. IF YOU ARE SUBMITTING PERSONAL INFORMATION OF THIRD PARTIES TO US, YOU WARRANT AND REPRESENT YOU HAVE THEIR CONSENT TO PROVIDE THEIR PERSONAL INFORMATION TO US AND WILL HOLD US HARMLESS FROM AND AGAINST CLAIMS BY SUCH INDIVIDUALS RELATING TO OUR PROCESSING AND USE OF SUCH PERSONAL INFORMATION WITHIN THE TERMS OF THIS PRIVACY POLICY.
1. The information we collect, how we may use it and share it.
Anonymous Electronic Information.
Collection. In general, you can browse the non-password protected portions of our Sites without telling us who you are or revealing any personal information about yourself. We do, however, collect your computer’s or mobile device’s IP address, which you necessarily disclose when you visit the Sites so that data (such as the web pages you request) can be sent to your computer or device. The Sites utilize “cookies” and similar technologies which are anonymous, unique identifiers that web pages on the Sites may use to store data on your computer or send data to our web server. Should you decide not to accept cookies from the Sites, you will limit the functionality we can provide when you visit the Sites.
Use and Sharing. We may use your IP address to, among other things: (1) help diagnose problems with the Sites, administer and improve the Sites, and measure the use of the Sites; (2) identify visitors’ Internet providers, the type of web browsers used, the pages viewed, the web sites from which a visitor found the Sites, the search terms and search engines used to find the Sites; and (3) gather other web analytics information relating to visitors’ use and navigation of the Sites. This information does not identify you personally. On occasion we may aggregate this data with data on the pages visited by other users to track overall visitor traffic patterns and provide this aggregate information to vendors, potential advertisers, business partners, news agencies, or other parties to demonstrate the amount of interest in the Sites and to help us plan for technical infrastructure requirements. We may use cookie data to “recognize” you when you visit the Sites in the future, to troubleshoot how the Sites operate, and for internal analysis of how people use the Sites. We do not use cookies to store any of your personal or financial information that you have on your computer.
Participation in Activities.
Collection. We receive and may store information you enter on the Sites or give to us in any other way, such as at a fitness club. For example, we collect information that you provide us when you join one of our fitness clubs, fill out a survey or a questionnaire, engage in social networking with us, enter a contest or sweepstakes, request information, fill out an employment or franchise application or otherwise contact us. If you choose to share any personal information with us, you will see that the amount and type of personal information required by us depends on the activity you are engaging in. For example, to join one of our fitness clubs, you may be required to provide contact information (such as name, address, e-mail address, and telephone number) and financial information (such as credit card number and expiration date). Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some is voluntary. If you do not provide the mandatory information for a particular activity, you will not be able to engage in that activity.
Use and Sharing. We may use personal information you provide for particular activities related to our business, including, without limitation, membership processing; credit card or electronic payment processing; collections; club visit information; customer service; marketing and research; processing your employment or franchise application; contests and sweepstakes; computer dashboards; responding to your request; providing product, service, promotional and other information to you; and to contact you regarding administrative notices.
We may share personal information you provide with our parent company, subsidiaries, affiliates for our or their applicable business purposes. We may also share such information with our franchisees, vendors, or other business partners with whom we collaborate or work with to provide specific services to you or if we think the products or services they offer would be of interest to you. Our franchisees, vendors, or other business partners may use this information for marketing and solicitation purposes. Each of these parties’ privacy policies will govern how they use your personal information. While we try to be selective in working with third parties, we are not responsible for their use of your personal information. Where payments are involved, we must release your credit card information to credit card authorization service providers and associated banks to process your payment for purchases, returns or refunds.
Your fitness club visit data (for all ANYTIME FITNESS clubs that you visit) and personal information may be made available to those clubs’ franchisees, management and employees, as well as to personal trainers or other contracted service providers whom you have engaged to provide services to you. Each of those parties is obligated to maintain the confidentiality of your personal information, and is permitted to access and use your personal information solely for the purpose of providing or enhancing services you use through the ANYTIME FITNESS club system.
We may share aggregate information with vendors, potential advertisers, business partners, or other third parties. Aggregate information does not include personal information.
Except as described in this section, we will not give or sell your personal information to any other party for its use in marketing or solicitation.
Additional Disclosures.
We may disclose personal information in any of the following circumstances: (1) in response to a subpoena, search warrant, court order, or other legal process or request, or as may otherwise be required by applicable law or regulation; (2) to protect and defend our rights or property or those of its franchisees, suppliers, related entities, affiliates, business partners, or others; or (3) as we, in our sole discretion, believes is appropriate under exigent circumstances in response to a perceived threat to the personal safety, property, or rights of any other person or organization.
In addition, since our database is a business asset, in the event we are reorganized or sold to or merged with another company, we may sell, assign, or transfer your personal information to a purchaser of all or substantially all of our business assets, or to an affiliate, as applicable.
2. Our relationship with other sites that can be accessed through this site
The Sites may contain links to other web sites. Additionally, other web sites may contain links to the Sites. We do not review or monitor the web sites linked to the Sites and are not responsible for the contents or privacy policies related to any other web sites. If you visit one of these other web sites, you may want to review the privacy policy on that web site. Where the Sites contains a link to another web site owned and/or operated by us, such web site use may be subject to different and additional terms of service and privacy policy terms and conditions.
3. Access and correction of your personal information
We strive to maintain the accuracy and integrity of the personal information in our databases and to keep that information up-to-date. We encourage you to promptly update your personal information if it changes. You may request a copy of the personal information we have about you. You may send a request by letter to: Anytime Fitness, LLC, Attention: Chief Privacy Officer, 12181 Margo Avenue South, Hastings, Minnesota 55033.
All communications must be in the English language. We will respond to reasonable requests within the time limits established by applicable law or within a reasonable time if no time limit is established by applicable law. For your protection, we may ask you for additional information to verify your identity. In most cases, we will provide the information you request and correct or delete any inaccurate personal information you discover. We reserve the right, however, to limit or deny your request to the extent permitted by applicable law if: (1) the disclosure may be threat to the personal safety, property, or rights of any other person or organization; (2) the disclosure may lead to a violation of applicable laws or regulations; or (3) where you have failed to provide sufficient evidence to verify your identity.
4. Security of your personal information
We take what we believe to be reasonable precautions and have implemented managerial and technical procedures to try to protect the security of data and information, including personal information. However, we cannot guarantee against any loss, misuse, unauthorized disclosure, or alteration or destruction of data or personal information. You provide your personal information to us at your own risk. You acknowledge that: (1) there are security and privacy limitations in computer systems and on the Internet which are beyond our control; (2) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Sites, including personal information, cannot be guaranteed; and (3) any such information and data, including personal information, may be viewed or tampered with by a third party while such information or data is being used, transmitted, processed, or stored.
5. Retention of your personal information
We keep your personal information only as long as we need it for the purposes for which it was originally collected (or to which you have subsequently consented) or for other legitimate purposes (such as regulatory compliance), or as permitted by applicable law.
6. Changes to privacy policy
We reserve the right to modify this Privacy Policy, completely or in part, from time to time through the posting of notices on the Sites, at any time and without notice to you, that this Privacy Policy has changed (“Notices”). You expressly waive any right to receive Notices. You should check the Sites frequently for Notices to identify modifications of the Privacy Policy that may be of interest to you. Any use of the Sites following the date on which we implement changes to this Privacy Policy or post a Notice constitutes your acceptance of all such changes.
For questions or comments related to this Privacy Policy, please email us at privacy@anytimefitness.com.
Canada
Anytime Fitness, LLC complies with the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”) and substantially similar provincial laws and regulations.
Accountability.
We are responsible for your personal information under our control. We have appointed a Chief Privacy Officer who is accountable for our compliance with this Privacy Policy. Any inquiries should be directed by mail addressed to Anytime Fitness UK, Attention: Chief Privacy Officer, Anytime Fitness United Kingdom, Unit 7B, Building 6, Croxley Business Park, Hatters Lane, Watford, WD18 8YH, UK or by e-mail at privacy@anytimefitness.co.uk.
Purposes.
We collect personal information for the purposes listed above and we may share your personal information with the third parties listed above under the heading “1. The information we collect, how we may use it and share it.” We will post Notices outlining any new purpose for the use of your personal information. Your failure to object to such uses shall be deemed to be your consent to the use of your personal information for the new purposes so indicated. In the event we intend to use your personal information for a purpose unique to you, we will obtain your specific consent for the use of your personal information for that purpose.
Consent.
When you access the Sites, request or use services from us, whether directly or through our representatives, affiliates or franchisees, we will deem you to have consented to the use and processing of your personal information for the purposes set forth above. In the event we wish to utilize your personal information for purposes unique to you, other than those listed above under the heading “1. The information we collect, how we may use it and share it,” we will obtain your consent as identified in the section entitled “Purposes” immediately above.
Disclosure and Retention.
We will collect and use your personal information only in the manner and for the uses set forth above in the section entitled “Purposes” and only for so long as may be set forth under the heading “5. Retention of your personal information”.
Accuracy.
We strive to maintain the accuracy and completeness of your personal information. You may ask us to correct information contained within our records. Request for correction must be made in writing to by mail at Anytime Fitness, LLC, Attention: Chief Privacy Officer, Anytime Fitness United Kingdom, Unit 7B, Building 6, Croxley Business Park, Hatters Lane, Watford, WD18 8YH, UK
Safeguards.
We take reasonable precautions to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction as set forth above in the under the heading “4. Security of your personal information.”
Individual Access.
Upon your request, we will disclose to you whether we have any of your personal information in our possession. Written requests should be directed to Anytime Fitness, LLC, Attention: Chief Privacy Officer, Anytime Fitness United Kingdom, Unit 7B, Building 6, Croxley Business Park, Hatters Lane, Watford, WD18 8YH, UK. We will provide you with a written response explaining the use of your personal information and the organizations to which we disclosed it. You may correct or amend any personal information if you believe it is inaccurate or incomplete. We specifically reserve the right to deny you access to your personal information if that would likely reveal personal information about a third party or otherwise are of the opinion that the disclosure of your personal information would be objectionable pursuant to Section 9 of PIPEDA. We will either provide you with access to your personal information or object to your access within thirty (30) days of our receipt of your request.
Amendments to Our Privacy Policy.
We may revise this Privacy Policy from time to time as set forth under the heading “6. Changes to privacy policy.”
Complaints.
If you have a complaint concerning our collection or use of your personal information, please contact Anytime Fitness, LLC, Attention: Chief Privacy Officer, Anytime Fitness United Kingdom, Unit 7B, Building 6, Croxley Business Park, Hatters Lane, Watford, WD18 8YH, UK., or by e-mail at privacy@anytimefitness.com. We will attempt to respond to and resolve those complaints to your satisfaction.
1. General intro
1.1. We are committed to ensuring that we manage your personal data professionally and in compliance with all applicable data protection laws. Part of this commitment is to ensure that there is transparency about how we process personal data.
This policy includes an explanation of:
1.1.1. what data we are processing;
1.1.2. why we are processing it and what we do with it;
1.1.3. whether we will share it with anyone else;
1.1.4. whether we will transfer it outside of the European Economic Area (EEA);
1.1.5. how we keep your data safe; and
1.1.6. your rights.
1.2. We hope that you find this Data Protection Policy helpful. If you have any questions, please don’t hesitate to contact us.
2. Who we are and our contact details
2.1. We are ANYTIME UK CLUBS LIMITED and our registered office is at. We are incorporated in England and Wales and our company number is 7130617. In this Data Protection Policy ANYTIME CLUBS UK LIMITED is referred to as we, us, our or Anytime UK.
2.2. Anytime UK, has been appointed by Anytime Fitness, LLC (AFC) as master franchisee for “Anytime Fitness” branded health clubs in the United Kingdom and Ireland. AFC is incorporated in the State of Minnesota, USA and is the owner of the Anytime Fitness system for operating health clubs and all intellectual property associated with that system. Anytime UK’s business is the entry into franchise agreements with the owners of health clubs (franchisees) granting franchisees the right to operate their independently owned businesses as Anytime Fitness health clubs and the provision of training and support to franchisees.
2.3. Because the nature of the franchising relationship between Anytime UK, AFC and Anytime UK’s franchisees involves the prescription of certain procedures and policies as well as the use of prescribed information systems, we believe that, in relation to personal data concerning your membership, Anytime UK and AFC are joint “data controllers” for the purposes of the General Data Protection Regulation ((EU) 2016/679) (GDPR) and that the franchisee is a “data processor”.
2.4. Please send any queries concerning your data to us using the following contact details:
Name: Compliance Officer (Data Protection)
Email address: gdpr@anytimefitness.co.uk
Phone: +44 (0)330 3322 361
3. Your personal data
3.2.1. We have obtained information about you when you have enquired about membership of an Anytime Fitness health club or completed and application for membership. Typically, the information that we obtain will be your name, address, email address, phone number, a photograph of you and payment information.
3.2.2. If you have visited our website we may automatically collect some personal information including details of your browser and operating system, the website from which you visit our website, the pages that you visit on our website, the date of your visit, and the Internet protocol (IP) address assigned to you by your internet service. We collect some of this information using cookies – please see Cookies in section 4 for further information. We may also collect any personal information which you allow to be shared or that is part of your public profile on a third party social network.
3.2.3. Our telephone calls are recorded for training purposes and may also be used to verify any comments that were made during any conversation.
3.2.4. Anytime UK’s franchisees have CCTV in operation at each Anytime Fitness health club. This is for security as well as health and safety purposes. It is therefore possible that images of you will be recorded when visiting our sites.
3.2.5. Your photograph will be used to ensure that you can access both the Anytime Fitness health club where you are a member as well as other Anytime Fitness health clubs you may visit.
3.2.6. If you become a member of an Anytime Fitness health club, we may from time to time arrange for you to be offered access to software for use on your mobile phone as well as updates to that software (the software and updates together, an “App”). In particular, you may be given access to App’s developed by AFC and its affiliates and information you enter into such App’s may be integrated with other App’s owned by third parties. Before using an App you should read the terms of use or end user agreement carefully to make sure that you understand who is providing the app to you and what use may be made of your information when you use the App. We do not make any commitment to you concerning data that you enter into an App which is not provided by us.
3.3. How do we use your personal data and what is the applicable lawful basis?
3.3.1. Where you have consented, we may provide you with marketing information about our products and services, the products and services offered by AFC or our franchisees and the products and services of selected partners. In addition, we will keep you informed of events that we think will be of interest to you.
3.3.2. We many process your information to ensure that you are provided with all the benefits of your membership of an Anytime Fitness health club.
3.3.3. We may process your information to comply with our legal obligations.
3.3.4. We may process your information to allow us to pursue our legitimate interests including:
3.3.4.1. analysing our performance and the performance of our franchisees in delivering services and products to you;
3.3.4.2. market research, training and the administration of our website;
3.3.4.3. the prevention of fraud or other criminal acts;
3.3.4.4. undertaking credit checks for finance;
3.3.4.5. complying with requests from you including if you exercise any of your rights noted in this Data Protection Policy;
3.3.4.6. the purpose of corporate restructure or reorganisation or sale of our business or assets;
3.3.4.7. enforcing our legal rights or to defend legal proceedings and for general administration purposes.
3.4. Will we share your personal data with any third parties?
3.4.1. We may share your personal data with AFC, the owner of the Anytime Fitness health club at which you are a member and, if you visit another Anytime Fitness health club, the franchisee who operates that health club.
3.4.2. We may disclose your information to third-party service providers for the purposes of providing services to us or directly to you on our behalf. When we use third party service providers, we only disclose to them any personal information that is necessary for them to provide their service and we have a contract in place that requires them to keep your information secure and not to use it other than in accordance with our specific instructions.
3.4.3. If the franchisee of the Anytime Fitness health club at which you are a member sells its business to a third party, we may transfer your information to that third party to ensure that it can continue to provide you with the services that you expect to receive as a member of an Anytime Fitness health club.
3.4.4. We may transfer your data to government or other official bodies for the purposes of complying with legal obligations, for enforcing our rights, or for the prevention or detection of a crime.
3.5. How long do we keep your data?
3.5.1. If you have expressed an interest in buying Anytime Fitness products or services or other products and services from our selected partners, we will retain your contact details and related information concerning your enquiry for 1 year from the date that we last had contact with you.
3.5.2. If you have purchased membership of an Anytime Fitness health club, if you have purchased Anytime Fitness goods or services or if you have purchased goods or services from our selected partners, we will keep the data relating specifically to that purchase (e.g. order forms, invoices and related correspondence) for 6 years from the date of the contract.
3.5.3. Voice recordings of telephone calls, CCTV images and data shall be kept for a maximum of 6 months unless we have a good reason to retain such information for a longer period. This might be because of a contractual dispute or an injury suffered by you or another person.
3.5.4. If you have requested that we do not send you marketing information we will always retain sufficient information to ensure that we remember to comply with your request.
3.5.5. All of the periods stated in this section may be extended if there is a legal requirement to do so.
3.6. Transferring your data outside of the European Economic Area (‘EEA’)
3.6.1. The information that you send to us may be transferred to countries outside the European Economic Area (EEA) including the USA. By way of example, AFC may view information stored on the information systems that Anytime UK and its franchisees are required to use as part of the Anytime Fitness system and your information may also be transferred out of the EEA or if any of our servers or those of our third-party service providers are from time to time located in a country outside of the EEA. These countries may not have similar data protection laws to the UK.
3.6.2. If we transfer your information outside of the EEA in this way, we will take steps to ensure that appropriate security measures are taken with the aim of ensuring that your privacy rights continue to be protected. These measures include imposing contractual obligations on the recipient of your personal information or ensuring that the recipients are subscribed to ‘international frameworks’ that aim to ensure adequate protection. Please contact [the DPO whose contact details are set out above] if you would like more information about the protections that we put in place.
3.6.3. If you use take advantage of the benefits of membership of an Anytime Fitness health club outside the EEA, your information may be transferred outside the EEA to provide you with those services.
4. Cookies
4.1. We use Cookies on our website. A cookie is a small text file which is placed onto your computer (or other electronic device) when you visit our website. This enables us to monitor how many times you visit the website, which pages you go to, traffic data, location data and the originating domain name of your internet service provider.
4.2. You can find out more about the Cookies we use in our Cookies Policy .
4.3. You can set your browser not to accept cookies, however some of our website features may not function as a result.
4.4. For more information about cookies generally and how to disable them you can visit: www.allaboutcookies.org
5. Data security
5.1. We have adopted the technical and organisational measures necessary to ensure the security of the personal data we collect, use and maintain, and prevent their alteration, loss, unauthorised processing or access, having regard to the state of the art, the nature of the data stored and the risks to which they are exposed by human action or physical or natural environment. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database.
5.2. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our website; any transmission is at your own risk. Once we have received your information, we will use procedures and security features to try to prevent unauthorised access.
5.3. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
6. Links to other websites
Our website may contain links to and from other websites (e.g. social media sites such as Twitter, Flickr, YouTube and Facebook). Unless we own such websites, we accept no responsibility for the way in which they process your personal data. You are recommended to check the privacy policy of each website before you submit any personal data to it.
7. Social Plugins
7.1. We use so-called social plugins (buttons) of social networks such as Facebook, Google+ and Twitter.
7.2. When you visit our websites, these buttons are deactivated by default, i.e. without your intervention they will not send any data to the respective social networks. Before you can use these buttons, you must activate them by clicking on them. They then remain active until you deactivate them again or delete your cookies. Please see section 4 for further details regarding our use of cookies.
7.3. After their activation, a direct link to the server of the respective social network is established. The contents of the button are then transmitted from the social network directly to your browser and incorporated in the website.
7.4. After activation of a button, the social network can retrieve data, independently of whether you interact with the button or not. If you are logged on to a social network, the network can assign your visit to the website to your user account.
7.5. If you are a member of a social network and do not wish it to combine data retrieved from your visit to our websites with your membership data, you must log out from the social network concerned before activating the buttons.
7.6. We have no influence on the scope of data that is collected by the social networks through their buttons. The data use policies of the social networks provide information on the purpose and extent of the data that they collect, how this data is processed and used, the rights available to you and the settings that you can use to protect your privacy.
8. Your rights
8.1. Your right to access data
8.1.1. We always aim to be as open as we can and allow people access to their personal information. Where we hold your personal data, you can make a ‘subject access request’ to us and we will provide you with:
8.1.1.1. a description of it;
8.1.1.2. an explanation of why we are holding it;
8.1.1.3. information about who it could be disclosed to; and
8.1.1.4. a copy of the information – unless an exception to the disclosure requirements is applicable.
8.1.2. If you would like to make a ‘subject access request’ please make it in writing to [the DPO whose contact details are set out above] and mark it clearly as ‘Subject Access Request’.
8.1.3. If you agree, we will try to deal with your request informally, for example by providing you with the specific information you need over the telephone.
8.1.4. Unless you agree a different time, we will complete your subject access request within one month.
8.2. Right to stop marketing messages
You always have the right to stop marketing messages. We will usually include an unsubscribe button in any marketing emails. If you do wish to unsubscribe, please just click the unsubscribe button and we will promptly action that request. Alternatively, you can update your marketing preferences by contacting us at any-time.
8.3. Right to be forgotten
If we hold personal data about you, but it is no longer necessary for the purposes that it was collected and cannot otherwise be justified, you have the right to request that we delete the data.
8.4. Right to restrict data
If we hold personal data about you and you believe it is inaccurate you have the right to request us to restrict the data until it is verified. You also have the right to request that the data is restricted where you have a right to it being deleted but would prefer that it is restricted.
8.5. Transferring your personal data
Where we rely on your consent as the legal basis for processing your personal information or need to process it in connection with your contract, as set out under section 3, you may ask us to provide you with a copy of that information in a structured data file to you or to another service provider. We will action this request, usually by sending the data in a CSV file.
8.6. Right to complain
You always have the right to complain to the personal data regulator, the ICO. You may also be entitled to seek compensation if there has been a breach of data protection laws.
9. Policy updates
This policy was last updated on 25 May 2018.