Effective Date: July 28, 2021
Through the Sites and Portals, we are providing you with information about products and services offered at independently owned and operated Iron 24 franchised locations (“Franchised Locations”), including fitness centers, (a) in addition to the Sites and Portals, software platforms and as applicable, social media platforms we make available from time to time, (b) point-of-sale systems and databases and customer management platforms (c) the ability to schedule, modify, and/or cancel programs or services with any Franchised Locations; (d) provide information to and complete forms with your Franchised Location; (e) enter into and use benefits under any membership agreement entered into with your Franchised Location; (f) purchase and/or redeem gift cards at Franchised Locations; (g) purchase services or product at any Franchised Location as a guest; (h) view information about and find the Franchised Location nearest you; (i) request franchise information; (j) complete customer satisfaction surveys about any Franchised Location; (k) receive email notifications, SMS notifications, and notifications from other mediums (collectively, the “Services”).
- information collected through mediums other than the Sites, Portals, and/or Services;
- information collected by any person or entity other than us, even if related to the Sites, Portals, and/or Services (such as a third-party website, content, application or lead form), unless and until such other person or entity provides such information to us; or
We and/or Franchised Locations may collect information about you directly from you and from third parties, as well as automatically through your use of the Sites, Portals, and/or Services.
Information collected directly from you:
When you use the Sites, Portals, and/or Services, certain areas or features may require you to provide personal information. If you request program information on the Sites or at a Franchised Location, the Sites or the Franchised Location collects your name, email address, phone number, etc. (“Personally Identifiable Information” or “PII”). If you make a purchase through the Sites and/or Portals, we will collect your payment information, including your PII and billing information. We also collect information from you when you contact us such as if you request information about an independently owned and operated Franchised Location. When you contact us, we may request your PII, geographic location, and information about the purpose of the contact and collect this information.
If you make a reservation for a program or service through the Sites or Portals, we and the Franchised Location at which you make a reservation will collect your PII and payment information. If you contact a Franchised Location, that location may also collect information, including your PII, which they may provide to us. When you contact a Franchised Location, that location may request your name and other PII, geographic location, and information about the purpose of your contact. Other instances where you may provide Your Information include purchasing memberships or gift cards, creating, manipulating or updating accounts on or through the Sites or Portals, completing surveys, purchasing other products or services, participating in forums or submitting User Generated Content, accessing our or a Franchised Locations Wi-Fi System or other systems and platforms in connection with the Sites, Portals, and/or Services, signing up for promotions or to receive newsletters or other materials about or otherwise for any reason associated with our business.
We may invite you to post content on the Sites, including your comments and any other information that you would like to be available on the Sites, which may become public. If you post content on the Sites, all of the information that you post will be available to authorized personnel of us and Franchised Locations. You expressly acknowledge and agree that we may access in real-time, record and store archives of any User Generated Content on our servers to make use of them in connection with the Sites, Portals and/or Services. If you submit a review, recommendation, endorsement, or other User Generated Content through our Sites and Portals, or through other websites including Facebook, Instagram, Google, Yelp, and other similar channels, we may share that review, recommendation, endorsement or content on the Sites or other locations.
In addition, if you are a prospective franchisee, we may collect detailed information about you including PII, and general financial information such as liquidity and assets, to evaluate your qualifications for a Iron 24 franchise.
Information collected from third parties:
We and/or Franchised Locations also may collect Your Information from third parties. For example, if we make gift cards available for purchase through the Sites or Portals, we may collect the recipient’s and the purchaser’s PII and the purchaser’s payment information.
From time to time, you may interact with third-party sources in connection with the Sites, Portals, and/or Services, and we may therefore collect information about you from these sources. Third-party sources may include social media websites (i.e., Facebook, LinkedIn, Twitter, Instagram, Snapchat or others), blogs, other users, our third-party service providers and our other business partners. For example, if you use, access or interact with the Sites or Portals on or through a social media website or any features of such social media website (such as a Facebook Like button), then we will receive certain information about you from the social network automatically. The information that we will receive depends on the social network and your privacy settings.
We and/or a Franchised Location may also supplement or verify information about you from a service provider.
Information collected automatically:
We may automatically collect the following information about your use of the Sites, Portals, and/or Services through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit the Sites, Portals, and/or Services; and the referring URL or the webpage that led you to the Sites. In addition, we may collect information regarding application-level events, such as crashes, and associate that temporarily with your account to provide customer service.
We and/or Franchised Locations may combine this information with other PII collected from you (and third-party service providers may do so on behalf of us or Franchised Locations). Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. Visitors to the Sites who disable cookies will be able to browse certain areas of the Sites, but some features may not function.
We and/or Franchised Locations may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide certain features of our Sites and to improve and customize our Sites. You can enable or disable location services when you use our Sites at any time by way of your device settings.
Tracking & cookies data:
HOW YOUR INFORMATION IS USED
We and/or Franchised Locations may use Your Information, including your PII, for the following purposes:
- To provide the Services to you, to communicate with you about your use of the Services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
- To tailor the content and information that we and/or Franchised Locations may send or display to you, to offer location customization and personalized help and instructions, and to otherwise personalize your experiences while using the Sites, Portals, and/or the Services.
- For marketing and promotional purposes. For example, we and/or Franchised Locations may use your information, such as your email address and/or cellular phone number, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information that may interest you. We and/or Franchised Locations also may use the information that is collected from you to assist in advertising the Services on third-party websites. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
- To better understand how users access and use the Sites, Portals, and/or Services, both on an aggregated and individualized basis, in order to improve the Sites, Portals, and/or Services and respond to user desires and preferences and for other research and analytical purposes.
- To protect the rights and interests of us and/or Franchised Locations, such as to resolve any disputes, enforce the Terms and Conditions, or to respond to legal process (such as a summons in a lawsuit or subpoena).
- To allow you to participate in interactive features on our Sites and/or Portals, and in any other manner we describe when you provide Your Information.
LEGAL BASIS FOR PROCESSING YOUR INFORMATION UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
We may process Your Information because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it is not overridden by your rights
- For payment processing purposes
- To comply with the law
RETENTION OF DATA
Iron 24 Holdings, LLC will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Sites and/or Portals, or we are legally obligated to retain this data for longer periods.
TRANSFER OF DATA
Your Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Your Information, to United States and process it there.
Neither we nor Franchised Locations will share your credit card number or any other financial information with any third party except to complete your transaction and to verify your credit card information. We and/or Franchised Locations may share your personal information with third parties in the following instances:
We and/or Franchised Locations shall disclose Your Information when required by law or under the good-faith belief that such action is necessary under applicable law. We and/or Franchised Locations may disclose Your Information in order to establish or exercise its or their legal rights or defend against legal claims. We and/or Franchised Locations also may share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, to protect our and/or Franchised Locations’ property or interests or that of their agents and employees, and to protect guests of a Franchised Location, personal safety, and/or the public.
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 Information to a purchaser of all or substantially all of our business assets, or to an affiliate, as applicable. We also may provide your information to our affiliates and related entities without restriction.
Aggregate Information (non-personally identifiable):
We and/or Franchised Locations may share some aggregated demographic information (age, zip codes) with some of their partners. This is not linked to any PII. We and/or Franchised Locations may use third-party advertising companies to serve ads on its/their behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness.
Third-Party Service Providers:
We and/or Franchised Locations may disclose information about individual users to third parties (“Service Providers”) who provide services to us and Franchised Locations or have a contractual relationship with us or a Franchised Location. These third parties provide a variety of services to us and/or Franchised Locations, including, without limitation, processing and verifying credit card information, tracking internet marketing campaigns, and processing credit card transactions. In addition, these third-party services may include enhancing the information we and/or Franchised Locations collect about customers of the Franchised Locations. We and/or Franchised Locations may also use third-party email providers to assist with sending marketing emails for us or on behalf of Franchised Locations.
Currently, the Sites and Portals 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 below.
Third-Party Ad Networks:
Third Party Payments
We may provide paid products and/or services within the Sites and/or Portals. In that case, we use third-party services for payment processing (e.g. payment processors).
COMMUNICATIONS FROM THE SITES AND/OR APPLICATION(S) AND YOUR CHOICES
Transactions and Service Announcements:
Users who utilize the Sites and/or Portals to make a purchase or reservation will receive a number of emails throughout the transaction process and they may sometimes receive phone calls from our Customer Service Department and/or Franchised Locations to ensure smooth transactions. Users who are customers of a Franchised Location may also receive emails and notifications from us regarding their activities or progress at the Franchised Location. We and Franchised Locations may also occasionally send out service-related announcements, for instance, if service on the Sites is temporarily suspended for maintenance. Generally, these communications are not promotional in nature, and users will receive them as long as their accounts are open.
Special Offers, Newsletters, and Updates:
Out of respect for the privacy of users, we and Franchised Locations present the option to not receive these types of communications, as explained in the Choice and opt-out section below.
Choice and opt-out:
A user can change their opt-in or opt-out status in several ways:
- Communications. If you do not wish to receive notifications, text messages, alerts, posts, notices, emails or other communications from us, you can opt-out of receiving such communications from us (other than service-related communications, such as those communications related to the completion of your registration, correction of user data, change of password and other similar communications essential to your transactions on or through the Sites, Portals and/or Services through your account settings or, to the extent applicable, by using the unsubscribe process at the bottom of such communication or by e-mailing us at [email protected] We will remove you from our marketing lists within a reasonable period of time and as required by applicable law. If you opt-out from receiving our marketing communications, you may continue to receive service-related communications, such as communications that are essential to your transactions on or through the Sites, Portals and/or Services).
- Accessing and Correcting Account Information. If any Sites or Application allows you to create an account with us, then you may be able to review or update some or all of Your Information (as applicable) by logging into that Sites or Application, visiting your account profile page and making changes.
We and Franchised Locations take reasonable precautions to protect users’ information. When users submit information via the Sites and/or Portals, we and Franchised Locations take steps to protect users’ information both online and off-line.
The Sites and/or Portals may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and the Iron 24 Entities (as defined in the Terms and Conditions) are not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information. You hereby acknowledge and agree that the Iron 24 Entities (as defined in the Terms and Conditions) are not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release the Iron 24 Entities (as defined in the Terms and Conditions) from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.
MARKETING USING SMS AND EMAILS
Where lawful to do so, and subject to your consent where required, we may communicate with you by SMS and email to tell you about our products and services. If you wish to opt-out of receiving marketing communications, please us directly and we will stop sending you communications.
YOUR DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We aim to take reasonable steps to allow you to correct, amend, delete or limit the use of Your Information.
If you wish to be informed about what information we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
- The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of Your Information directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
- The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
- The right to object. You have the right to object to our processing of Your Information.
- The right of restriction. You have the right to request that we restrict the processing of your personal information.
- The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
- The right to withdraw consent. You also have the right to withdraw your consent at any time where we relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
SPECIAL INFORMATION FOR CALIFORNIA CONSUMERS
Your Rights Under the California Consumer Privacy Act:
- the categories of PII collected about you;
- the categories of sources for the PII collected about you;
- the business or commercial purpose for collecting your PII;
- the categories of third parties with whom your PII was shared;
- the specific pieces of PII collected about you;
- if your PII was disclosed for a business purpose, the PII categories disclosed and the categories of third parties to which the information was disclosed;
- if your PII was sold in the past 12 months, the PII categories sold and the categories of third parties to which the information was sold (NOTE: Iron 24 DOES NOT SELL YOUR PII).
Please note that you may only make the above requests twice in a 12-month period. You also have the right to request that any of your PII collected and retained be deleted, subject to certain exceptions. Finally, you have the right to not receive discriminatory treatment by Iron 24 or any business for exercising any of the rights provided under CCPA.
You may submit a request regarding your rights under CCPA by emailing us at [email protected] or calling (877) 693-4818.
If we receive a CCPA request from you, we will first make a determination regarding the applicability of the law, and we will then take steps to verify your identity prior to responding. The steps to verify your identity may vary based on our relationship with you, but, at a minimum, it will take the form of confirming and matching the information submitted in the request with information already held by Iron 24 and/or contacting you through previously used channels to confirm that you submitted the request (i.e. confirming identity through the email that we have on file, not the email submitted to make the request).
Your rights as stated here can also be exercised by an authorized agent on your behalf. Iron 24 will follow the standards set by the Attorney General of California regarding designation of an authorized agent to exercise rights under CCPA. You may review information available through the Attorney General website (https://www.oag.ca.gov/privacy/ccpa) regarding how an individual can be designated as an authorized agent under CCPA.
In addition to CCPA, California residents may have certain rights with regard to marketing under California Civil Code § 1798.83. Individuals who are residents of California and have provided their PII to us may request information regarding our disclosures, if any, of their personally identifiable information to third parties for direct marketing purposes. Such requests must be submitted to us at: [email protected]
California privacy rights requests must include the reference “Request for California Privacy Information” on the subject line and in the body of the message and must include the e-mail address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified above.
Do Not Track:
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.