Privacy Policy

Privacy Policy

Fit 36®, LLC Privacy Policy

Last Updated: April 27, 2017

This Privacy Policy explains how information about you is collected, used and disclosed by Fit 36®, LLC and its subsidiaries and affiliated companies (“Fit 36”, “we” or “us”). This Privacy Policy applies to information we collect when you use our website (the “Services”) or when you otherwise interact with us. Please note that your visit to our website is subject to this Privacy Policy and our Terms of Service.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Services to stay informed about our information practices and the ways you can help protect your privacy.

MESSAGE TO PARENTS AND CHILDREN: The Services are not to be used by children, under the age of thirteen; and, no one under the age of thirteen is allowed to provide any personal information. Minors between the ages of thirteen and seventeen must get the permission of their parent(s) or legal guardian(s) before making any purchases or registering on the Services. We reserve the right to confirm that consent in our sole discretion. If children disclose information about themselves on the Services, they may get unsolicited messages from us and other parties. Accordingly, if you are concerned about your children’s activities or their privacy on our Services, we encourage you to contact our Legal Department as described below.

1. Information Collection

(a) Information You Provide to Us. We collect information you provide directly to us. For example, we collect information when you create an account, participate in a survey, make a purchase, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, phone number, fax number, credit card information, information about your family members (such as when you schedule an appointment for a family member), and any other information you choose to provide.

(b) Information We Collect Automatically When You Use the Services. When you access or use the Services, we automatically collect information about you, including:

  • Log Information:  We log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address, general location information (e.g., city, county, and/or state), and the page you visited before navigating to our Services.
  • Device Information:  We collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, unique device identifiers and mobile network information.
  • Information Collected by Cookies and Other Tracking Technologies:  We use various technologies to collect information, including but not limited to Google Analytics’ technologies, and this may additionally include sending cookies to your computer or mobile device.  Cookies are small data files stored on your hard drive or in device memory that help us to improve our Services and your experience, see which areas and features of our Services are popular and count visits.  We may also collect information using web beacons (also known as "tracking pixels").  Web beacons are electronic images or other computer codes that may be used in our Services or emails and help deliver cookies, count visits, understand usage and the effectiveness of our communications and determine whether an email has been opened and acted upon. For more information about cookies, and how to disable them, please see “Preferences” below. For more information about Google Analytics, please visit https://www.google.com/analytics.

(c) Information We Collect From Other Sources. We may also obtain information from other sources, including but not limited to marketing and other promotional partners, and combine that with information we collect through our Services.  Likewise, we may also obtain such personally identifiable and non-personally identifiable information based upon the content you click on or have been shown by third-party platforms, social media sites, plug-ins, and other applications. For example, we may collect information about you from third parties, including but not limited to Google  and Google Analytics technologies, identity verification services, credit bureaus, mailing list providers and publicly available sources, and if you  log into your account through a third-party platform or social media site, we will have access to certain information from that platform or site, such as your name, photo, gender, birthday, location, interests, account information and friends lists, in accordance with the authorization procedures determined by such platform or social media site and their different privacy policies governing the use of your information. We may also receive information from Franchise Owners (as defined below) for various purposes, including but not limited to providing, maintaining, and improving our Services and the FIT36® franchise system. We do not control or bear any responsibility for privacy policies, terms of use, security & data protection measures, or other policies of any third parties. For more information about third-party platforms and websites, please see “Preferences” below.

(d) Information Collected by Other Parties. Fit 36®, LLC is the owner of and operates the FIT36® franchise system in which FIT36® franchise studios (“Studios”) are each independently owned and operated by FIT36® franchise owners (“Franchise Owners”). Fit 36®, LLC does not have any agency, partnership, employment, or joint venture relationship with any Franchise Owners. Franchise Owners may use third-party social media plug-ins, applications, and other content on the Services for their respective Studios (“Franchise Owner Content”) which may obtain and use your information and may have different privacy policies governing the use of your information. By accessing or using Studios’ specific pages on the Services, you acknowledge that we do not control or bear any responsibility for the privacy policies, terms of use, security & data protection measures, or other policies of Franchise Owners or any third parties associated with Studios’ specific pages on the Services.

2. Use of Information. We may use information about you for various purposes, including to:

  • Provide, maintain and improve our Services;
  • Provide and deliver the products and services you request, process transactions and send you related information, including confirmations and invoices;
  • Send you technical notices, updates, security alerts and support and administrative messages;
  • Respond to your comments, questions and requests and provide customer service;
  • Communicate with you about products, services, offers, promotions, rewards, and events offered by Fit 36 and others, and provide news and information we think will be of interest to you;
  • Monitor and analyze trends, usage and activities in connection with our Services;
  • Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
  • Process and deliver contest, sweepstakes, and other promotional entries and rewards;
  • Link or combine with information we get from others to help understand your needs and provide you with better service; and
  • Carry out any other purpose for which the information was collected.

Fit 36® is based in the United States and the information we collect is governed by U.S. law.  By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.

3. Sharing of Information. We may share information about you as follows or as otherwise described in this Privacy Policy:

  • With Franchise Owners, area directors, our shareholders, creditors, investors, board of directors, employees, agents and representatives working on our behalf;
  • With vendors, consultants and other service providers who need access to such information to carry out work on our behalf, including but not limited to credit card processing and order fulfillment if you choose to purchase products or services through the Services;
  • With our affiliates, marketing partners, or other direct marketers, so they can send you notices about their products or services. If you do not want to receive email marketing communications, see “Preferences” below for opt-out information;
  • In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
  • If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of Fit 36 or others;
  • In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and
  • With your consent or at your direction, including if we notify you through our Services that the information you provide will be shared in a particular manner and you provide such information.

We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.

4. Security. Fit 36 takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Because no data transmission over the Internet is completely secure, and no system of physical or electronic security is impenetrable, we cannot guarantee the security of the information you send to us or the security of our servers or databases, and by using the Services, you agree to assume all risk in connection with the information sent to us or collected by us when you use the Services.

5. Preferences.

(a) Account Information. If at any time the Services directly offer any online accounts, chat rooms, newsgroups, or forums, we may collect the information which you disclose. Such information will be used in accordance with this Privacy Policy.

(b) Cookies & Third-Parties. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability or functionality of our Services. Likewise, Google, other third-party platforms, social media sites, plug-ins, and applications may provide account management tools related to how your information is used and shared from those sources; please consult their websites, platforms, and/or applications for more information about their policies and available tools.

(c) Promotional Communications. You may opt out of receiving promotional emails from Fit 36 by following the instructions in those emails. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.  Franchise Owners may conduct their own promotional email communications; please consult their communications’ terms for information on opting out.

6. Retention. Notwithstanding any provisions to the contrary, Fit 36 and/or Franchise Owners (as applicable) may retain certain information as required by law or for legitimate business purposes. Fit 36 and/or Franchise Owners (as applicable) may also retain cached or achieved copies of information about you as required by law or for legitimate business purposes.

7. Contact Us. If you have any questions about this Privacy Policy, please feel free to contact our Legal Department as follows:

Fit 36®, LLC

Attn: Legal Department

9092 S. Ridgeline Blvd., Suite A

Highlands Ranch, CO 80129