Privacy Policy

Effective December 2019

This Privacy Policy (the “Policy") applies to the websites located at www.ultimateperformancefitness.com, and any other websites/applications (including the Ultimate Performance + Fitness mobile application) owned and operated by Ultimate Performance and Fitness, Inc., it parents or its affiliates (the “Company”) that direct the viewer or user to this Policy and any documents that direct the viewer or user to this Policy. This Policy explains how the Company collects and uses information of individuals who visit and/or use its websites, its mobile application or who supply covered information to the Company directly or via its franchisees. The Company’s websites and mobile application may contain links to websites/applications that are owned and operated by other companies. You may also have the option to login to the Company’s website through sites that are operated by third parties. This Policy does not apply to websites/applications that are owned and operated by third parties and you should consult those separately. By using the Company’s websites and mobile application you agree to the terms and conditions of this Policy. If you do not agree to the terms of this Policy, do not visit the Company’s websites, use its mobile application or submit any personal information.

Changes to This Policy

The Company reserves the right to modify or amend this Policy at any time by posting the updated version on its website and changing the date listed at the top of this Policy. Any material changes in how it uses or shares the information it collects will only affect information collected after the posting of the updated Policy, unless otherwise expressly stated. You are bound by any revisions to this Policy and are encouraged to review this Policy periodically for updates.

Collection of Personal Information

“Personal Information” is information that identifies or could be used to identify you which is collected by the website or mobile application or is otherwise submitted to the Company. Personal Information can be either information submitted by you or information which is passively collected.

The Company collects information you voluntarily give to it or its franchisees, such as your first and last name, e-mail address, physical address, telephone number, username, password, payment information, age, birthday, demographic data or any other information you choose to provide when you participate in a survey or promotion, submit content or feedback, fill out forms or questionnaires, set up a registration, sign up to receive information about the Company, sign up to participate in personal training services, or otherwise input information via the Company’s website or mobile application. When you contact the Company online, it may keep a record of that correspondence. When you use the Company’s services, or services offered by its franchisees, it may also collect information about the services you use and how you use them.

The Company is also provided with information automatically when you use a computer, tablet, smart phone or other device to access its website or mobile application or to interact with it online. It may collect information about the device and how you use it. This may include information about the type of device you’re using, your operating system, your browser, your internet service provider, your domain name, your internet protocol (IP) address, the date and time that you accessed the website or mobile application, the web pages you accessed, the subject of any ads you click or scroll over and the number of clicks. To collect this information, the Company uses cookies, web beacons and other similar technology. The Company may allow third parties to collect information about you by setting their own cookies, web beacons and other similar technologies on its website or via our mobile application.

When you use a computer, smart phone or other mobile device to access the Company’s website or mobile application, it may collect information about your physical location. It may combine this information with other location-based information, to give you information about Company offerings near you and to provide you with other services. The Company can only collect
information regarding your location if the permissions in your mobile device allow communication of this information. If you do not want the Company to collect your location information, you can opt out of sharing this information by changing the relevant settings in your computer or mobile device.

Collectively, this information is used to provide a more customized and enjoyable online experience for visitors and to allow the Company to fulfill visitor requests. The Company also uses this information internally to compile data regarding website traffic and mobile application use.

Cookies and Similar Tracking

When you view the Company’s website or use its mobile application, “cookies”, web beacons or other tracking mechanisms may temporarily be stored on your device. A “cookie” is a small data file that is sent from a server and is stored on another device’s hard drive. You can adjust your browser settings to accept or reject most cookies altogether or to monitor the storage of cookies on your device. You should refer to your browser or mobile device settings to determine what options are available to you. Some cookies may be required in order to allow you to access and use the Company’s website or mobile applications. By completely disabling cookies, you may not be able to access some or all of the features of the Company’s website or mobile applications.

The Company mainly uses cookies to obtain and store information about website or mobile application traffic (such as the extent of repeat usage) and visitors’ viewing patterns and preferences based on which pages a visitor accesses or views. The Company uses this information to compile statistics, to create targeted marketing and to customize content. These cookies allow the Company to personalize your experience. Some cookies will also store information for your convenience (such as a zip code to help locate Company offerings closest to you or login information) and will allow you to customize your experience on the website and mobile application.

The Company may also use transparent images that are embedded in web pages, applications, and emails called “web beacons” to test the effectiveness of marketing, and to track whether an email has been opened.

How Information is Used

The Company may use the information it collects about you in a variety of ways, including:

to process your purchases of products and services;
to communicate with you about orders, services, programs, contests, and sweepstakes;
to respond to your inquiries and requests for information;
to deliver and process surveys;
to send you personalized promotions, advertisements and special offers;
to maintain and improve the sites and the products and services offered;
to detect, prevent, or investigate security breaches or fraud; and
to maintain appropriate records.

How Information is Shared

Your information may be shared with the Company’s parents, affiliates, franchisees and with vendors that help to manage and process the information. To the extent necessary, your information may also be shared with individuals or entities as necessary to fulfill service purchases. The Company does not currently sell personal information about you to third parties. If the Company becomes involved with a merger or a situation involving the transfer of some or all of its business assets, it may share your information with business entities or individuals involved in that process. It may also share your information as required by or permitted by law, including sharing your information with law enforcement agencies or other governmental entities, with third parties in response to subpoenas or other court orders, or to exercise legal rights or defend against legal claims. It may share your information with service providers who wish to provide you with promotions and special offers. It may also share aggregate statistics about your use of the website, mobile application and services with other companies and it may receive payment in exchange for this data.

Third Party Collection of Your Information

The Company may allow third parties to collect information for the following purposes:

To collect information in order to display ads on the Company’s website or via the mobile application. These third parties may also collect anonymous information about visitors to the website to display ads on other websites believed to be relevant to certain market segments;
To gather general statistical data; and
To link social media activity. The Company may include features on its website or via the mobile application that allow social networks (such as Facebook, twitter, Instagram, etc.) to track the activities of their members.

How Your Information is Protected

The Company utilizes commercially reasonable security measures to protect your information in order to reduce the risk of loss, misuse, unauthorized access, disclosure or modification. Except as outlined in this Policy, it restricts access to your personal information. However, unfortunately no data transmission over the internet or storage of information can be guaranteed to be 100% secure. Accordingly, the Company cannot warrant the security of any information you transmit and you do so at your own risk.

Links to Other Websites/Applications

The websites and the mobile application may contain links to websites operated by third parties that may contain their own privacy policies. To ensure your privacy is protected, it is recommended that you consult the privacy policies on any linked websites or applications. The Company is not responsible for the manner in which others use your personal information or from any damages suffered as a result of viewing or visiting any third party website or application. The Company also makes no endorsement or representation regarding anything found on a third party website or application.

Residents of California

California residents may request a notice disclosing the categories of personal information the Company has shared with third parties for the third parties’ direct marketing purposes. To request a notice, please contact the Company as described in the “Contact Us” section, below. The Company will make every effort to promptly respond to your request.

Collection of Information From Children

The Company’s websites and mobile application are not intended for use by anyone under the age of 13. The Company does not knowingly collect, use or disclose the personal information of children under the age of 13. If you are under the age of 13 you should not provide any information to the Company. The Company complies with the Children’s Online Privacy Protection Act. If you are a parent or guardian and believe the Company may have collected information about a child under the age of 13, please contact the Company as described in the “Contact Us” section below so reasonable steps can be taken to remove that information from the Company’s servers.

If you have any questions, comments or concerns about this Policy and/or the Company’s practices or if you want to change your information, stop the Company from using your information, or opt out of receiving future promotional emails, text messages, telephone calls, and mailings from the Company, you can e-mail it at info@ultimateperformancefitness.com or write to it at: Ultimate Performance and Fitness, Inc., P.O. Box 351, Greenvale, NY 11548, Attn: Digital Privacy Department.

You can also opt-out by following the opt-out instructions in promotional communications you receive. Please note that if you opt out of receiving promotional communications, the Company may still send you non-promotional communications, including emails about your accounts, purchases or other items.