Updated Date: April 16, 2020
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact us at email@example.com.
1. Types of Information That May Be Collected
To access and use the Services, we may ask you for some or all of the following types of information when you register with our Services, or when you sign up for a membership, sign up for contests or sweepstakes, sign up for email subscriptions, participate in surveys, access various content or features, submit comments or content, or directly contact us with questions or feedback:
We also may collect certain information automatically when you visit the Services, including:
Cookies are small bits of code that are stored by your computer's web browser and that may automatically identify your browser to the Services whenever your computer is used to visit the Services. Pixel tags are very small images or small pieces of data embedded in images, also known as "web beacons" or "clear GIFs," that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device.
We may also automatically receive information when you interact with one of our venues or merchants and combine this data with information we already have about you. This helps us to update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you.
If you provide us personal information about others, for example, through a referral feature, we will only use that information for the specific reason for which it was provided to us. If you believe that one of your contacts has provided us with your personal information and you would like to request that it be removed from our database, please contact us at firstname.lastname@example.org.
2. Use of Information
We may use information that we collect through the Services for a variety of purposes, including to:
We may use aggregated information and/or other de-identified information with advertisers, sponsors or other organizations for any reason at our sole discretion.
3. Sharing of Information
4. Social Networking Services
We have worked with certain third-party social media providers to offer you their social networking services through our Services. For example, you can use third-party social networking services, including but not limited to Facebook, Twitter, and others to share information about your experience on our Services with your friends and followers on those social networking services. These social networking services may be able to collect your IP address, your activities on our Services, and may set a cookie to enable the feature to function properly. These third-party social networking services may also notify your friends, both on our Services and on the social networking services themselves, that you are a user of our Services or about your use of our Services, in accordance with applicable law and their own privacy policies. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services.
6. Links To Other Web Sites
7. Mobile Application
When you download and use our mobile application, we automatically collect information on the type of device you use, operating system version, and the device identifier (or "UDID"). We may send you push notifications from time to time in order to update you about any events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level.
We collect your geolocation based information for the purpose of providing you relevant information based upon your location. We will only share this information with our mapping provider for the sole purpose of providing you this service. We may share your geolocation data with third parties for promotional purposes or other purposes relevant to your location. If you do not wish to allow us to share your information in this manner please opt-out by contacting us at email@example.com. You may opt-out of geolocation-based services at any time by editing the setting at the device level or by emailing us at firstname.lastname@example.org.
We use mobile analytics software to allow us to better understand the functionality of our mobile applications on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application. We may work in conjunction with third party partners who may use technologies such as geofencing and beacons to identify guests attending our gym, and contact guests via an in-app feature in order to provide a better fitness experience. To opt-out of geofencing, you may disable the app's location permissions on your device.
We have adopted reasonable and appropriate security procedures to help protect against loss, misuse, and unauthorized access to the information you provide to us. Please note, however, that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect your information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to the Services and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information.
9. Children's Privacy
We do not knowingly collect, use, or disclose personal information from children under the age of 13. If we are made aware we have collected personal information from a child under 13 years old in a manner that is inconsistent with the Children's Online Privacy Protection Act, we will delete this information as soon as possible.
The website is a general audience website. However, we do collect information about children under 13 from parents so they may sign their child up for our Family Membership, Youth Membership and 49ers Fit Kids Club (the "Kids Memberships"). The information we collect is your child's name, gender, date of birth and the address provided by a parent, guardian or purchaser of Kids Clubs memberships. We use this information to allow you to sign your child up for the Kids Memberships and for you to receive merchandise as a part of the Kids Memberships, for your child. If you no longer wish to allow your child to be part of the Kids Membership or wish to delete all information collected about your child, please contact us at email@example.com. We will not share your child's personal information with any third party for any reason. If you feel we have collected personal information from your child directly, please contact us at firstname.lastname@example.org to request immediate deletion of that information.
The Internet offers children wonderful educational and entertainment resources. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. We encourage you to visit the Direct Marketing Association's Web Website (http://www.the-dma.org/) and explore the Get CyberSavvy! Program as well as the GetNetWise Website (http://www.getnetwise.org/) to learn more about parental control tools.
11. Access, Choice and Retention
You may receive promotional emails, newsletters, text messages and similar communications from us. You may opt out of receiving commercial emails from us by clicking on the opt-out or "unsubscribe" link included in the commercial emails you receive. You may opt out of receiving commercial text message from us by responding to the commercial texts with “STOP.” Please note that opt-out requests may take some time to be effective. Your opt-out request will not apply to messages that you request or that are not commercial in nature. For example, we may contact you concerning any purchases you have made with us, even if you opt out of receiving unsolicited commercial email messages.
If your information changes, you would like to determine whether we hold personal information about you or, you no longer desire to use the Services, you may access, correct or request deletion of your personal information by signing into your account (if any) and making the required changes, by emailing us at email@example.com or by contacting us by postal mail at the contact information listed below. We will respond to your request within 30 days. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
12. Your California Privacy Rights
California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org or write us at:
1600 Saratoga Ave #46
San Jose, CA 95129
In some cases, third parties may be able to collect information about a user's online activities over time and across different websites when he or she uses our Services.
13. California Do Not Track Disclosures
Some web browsers may transmit "do-not-track" signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, we currently do not take action in response to these signals.
14. International Users
Please note that the Services are directed towards users who reside in the United States. By using the Services, you consent to the collection, storage, processing, and transfer of your information in and to the United States, or other countries and territories, pursuant to the laws of the United States. While some of these countries may not offer the same level of privacy protection as your own, we commit to uphold the privacy protections as explained in this Policy.
Third-Party Ad Serving and Audience and Traffic Measurement Services: We may use third-parties to serve advertisements on the Services. These third parties may set their own cookies or similar web technologies to collect information about users' online activities over time and across different websites. To manage your preferences you may opt out here http://preferences-mgr.truste.com/. The Services may feature Nielsen proprietary measurement software, which will allow users to contribute to market research, such as Nielsen TV Ratings. Nielsen believes that you should have a choice about whether to contribute to our research and insights. To opt out of Nielsen measurement, you need only to activate the "Limit Ad Tracking" (for iOS devices) or "Opt out of Ads Personalization" (for Android devices) option in your devices settings. For web, please visit: http://www.nielsen.com/digitalprivacy to learn more about the Nielsen digital measurement products and your choices in regard to them.
15. Contact Us
1600 Saratoga Ave #46
San Jose, CA 95129