We have created this privacy policy to demonstrate our commitment to protecting your privacy, and to disclose our information-gathering and dissemination practices. All capitalized terms used but not defined in this privacy policy shall have the meaning ascribed to them in the Terms and Conditions. This privacy policy is here to tell you about, among other things:

  • the information we collect through any of our Site(s) and through telemarketing, website and mobile applications and other means;
  • how we use the information we collect and who we share it with;
  • how we use “cookies” and other tracking mechanisms to track information about your use of our website and app(s);
  • how you can opt out of uses of the information we collect;
  • how we keep your personal information secure; and
  • how we make changes to this privacy policy.
  • Please let us know if you have any questions regarding this privacy policy by contacting us at legal@markfisherfitness.com.

By using this website, our Site(s) and any of the downloadable mobile app(s) that are owned, controlled, operated and/or branded by MFF or any of our Site(s) (collectively referred to as “Digital Properties”) including (but not limited to) SnatchedInSixWeeks.com, MyBroadwayBody.com, BusinessForUnicorns.com and TheUprisingNYC.org, you are acknowledging that you have read, understand and agreed to the terms and conditions of this privacy policy and expressly consent to our collection, use and disclosure of your personal information, as described in this privacy policy.

PRIVACY OF MINORS

We do not knowingly collect personal information from children under the age of 13. If we learn that we have inadvertently obtained personal information on a child under the age of 13, that information will be deleted from our systems.

WHAT INFORMATION DO WE COLLECT?

At MFF, we want you to have the most customized, optimal experience possible and to provide you with services and features that we think are most likely to meet your needs. To enable us do that, we may collect personal data from you. We collect personal data from you when you contact us, register with any of our Digital Properties, reserve classes, train with us, make a purchase, or otherwise interact with our Digital Properties. Some of this data you supply to use personally, and some we automatically collect when you use our Digital Properties, through cookies, web beacons, and other technologies, including technologies designed for mobile apps. Of course, users may be able to use our products or services, or browse certain of our Digital Properties without providing any personal information, but once you give us personal information, you are not anonymous to us, and by submitting this information to us, we consider that you consent to the collection, use and disclosure of your personal information as described in this privacy policy.

In particular, MFF may collect the following types of information when you visit our Digital Properties:

General Personal Information:</>

This is information that may be used to identify you individually, including your name, shipping and billing addresses, phone number, email address, credit card information and date of birth. We request this information from you on and off our Digital Properties; for example, when you call us, sign up for our newsletter, visit or subscribe to our websites, use our mobile or web applications or purchase an item or service.

From time to time, we may also request or obtain personal information about you and your interests through surveys, contest/sweepstakes entry forms, our mobile applications, social media platforms, or in other ways. You may always choose not to provide us with your personal information; however, this may limit our ability to provide you with specific products, services or information, or to offer you personalized content.

Membership and Clubhouse Usage Information:

If you are a member of MFF or any of our fitness properties, we will collect information about how you use and interact with the MFF Clubhouse and the Digital Properties, including the clubhouse locations and times you check in to them, workouts you log, classes or training sessions you book or add to your schedule, and information provided when you purchase additional training or class packages.

Demographic and Fitness Information:

We will collect certain demographic information, including your age, date of birth, and gender identity when you join or visit MFF. In addition, if you become an MFF member we may collect certain personal data that you provide during the course of your membership (such as when you complete a fitness assessment or participate in personal training) regarding your fitness and health, including height, weight, measurements, body fat, performance metrics, current and past injuries and surgeries, nutritional information, biometric information, and fitness goals, and may also gather information about you that is developed by our personnel, such as training session logs and notes taken by personal trainers and other MFF staff. As a member, we may also collect your photograph and CCTV video footage for identification and clubhouse security purposes.

Digital Account Registration:

If you are a member of MFF and establish an account on the Digital Properties we will collect your username, password and email address, as well as any other information you provide in connection with your Digital Properties account and account preferences, such as a profile picture and your preferred nickname. If you have established a Digital Properties account, you may log in to it in order to review and update your information and preferences.

Information from Your Mobile Device:

If you access our Digital Properties from your mobile device, we may also collect certain information from you to help maximize the functionality of your mobile experience, in each case with your permission.  Examples of such information we may collect or access from your mobile device are your device’s calendar to help you keep track of your upcoming classes or sessions, and location information from your mobile device to help you locate the nearest MFF location and to send you push notifications, such as promotional notices. Please be aware that you may turn off this feature through the location settings on your mobile device.

Transaction Information:

When you purchase goods or services from us, we collect certain personal information related to those purchases, such as your credit/debit card information, billing address, the goods and services purchased, and other related transaction information.

Usage Information:

We may automatically collect certain information about how you use and interact with the Digital Properties and the MFF Clubhouse(s), such as the time and duration of your visits, search query terms you may enter, and the Digital Property pages, features and content you access and how you interact with those pages, features and content.

Technical Information (Which We Collect Automatically):

This is information that is automatically collected when you use our Digital Properties and includes as IP addresses (a number that can be used to identify your location and Internet Service Provider), the type of browser or device you are using, the URL from which you came to our Digital Properties, the URLs that you visited on our Digital Properties, and the length of time you spent on our Digital Properties. We combine this information with other information we collect about you as well as use this information to identify you across your multiple devices.

Information We Obtain from Social Media, Third-Party Apps and Other Sources:

We may collect information about you from other sources, including through interactive applications (such as mobile devices/applications and third-party services) and from commercially available sources (such as data aggregators and public databases). If you interact with MFF through social media platforms (e.g., by clicking a Facebook “like” button or commenting on an Instagram post) or “check in” to MFF through social media, information may be made available to, and collected by MFF through those social media profiles and accounts. For example, if you access third-party services (such as Facebook) through or in connection with our Digital Properties, we collect information available about you through those services, including, but not limited to, personal information as well as publicly observable data, such as activities on blogs, videos, and other online postings. In addition, if you elect to connect any third-party fitness devices or apps to the Digital Properties in order to utilize certain features and functionalities, we may collect information about you from such third-party apps.

Cookies:

We also use a feature of your browser called a “cookie” to assign identification to your computer that may be placed by us or a third party with whom we partner. Please see more about these in the “How We Use Cookies & Other Tracking Mechanisms” section directly below.

HOW WE USE COOKIES AND OTHER TRACKING MECHANISMS

We collect certain information by automated means when you visit the Digital Properties, through various means such as “cookies,” “web beacons” and IP addresses, as described below.

  • Cookies:

    A “cookie” is a small text file that a website saves on your computer or mobile device when you visit that website. Cookies allow us to better understand your preferences and personalize the content on our Digital Properties to give you a better overall experience. Cookies may also enhance your online experience by saving your preferences while you are visiting a particular website.

    We use cookies to tell us whether you have visited us before or if you are a new visitor. We also use cookies to help us identify features of our Digital Properties in which you may have the greatest interest. The unique user ID contained within your cookie automatically identifies your computer—but not you—to our servers every time you visit our Digital Properties. Cookies by themselves cannot be used to find out the identity of any user, but may be combined with identity information in our log files.

    Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. You can turn off the cookie feature by using your browser preference options, but you may not be able to utilize some of the features or services on our Digital Properties properly. Current versions of many web browsers offer enhanced user controls for the placement and duration of cookies. Search for “cookies” under your web browser’s help menu for more information on the cookie management features available to you.

    Pixel Tags:

    We may also collect information through the use of “pixel tags” on our Digital Properties and in email messages we may send to you that may be placed by us or a third party with whom we partner. Pixel tags, also known as “web beacons,” are tiny graphic files, not visible to the human eye, that are included in HTML-encoded email messages. When such a message is opened in an HTML-capable email program, the recipient’s computer will access our server to retrieve the pixel tag file, allowing us to record and store, along with the recipient’s email address, the date and time the recipient viewed the email message, the fact that the recipient’s email program is capable of receiving HTML-encoded email, and other standard logging information. The pixel tag may also see or read cookies. MFF may use pixel tags in order to measure and understand traffic better, to track visitor behavior to improve user experience, and for tracking promotional and marketing campaign response, among others. You can disable the pixel tag feature by changing your browser settings to omit images and disable Javascript; or there are commercial software packages available that can omit pixel tags and most advertisements.

    Targeted Advertising; Do Not Track Signals:

    Some web browsers offer a “Do Not Track” (“DNT”) signal that is a HTTP header field indicating your preference regarding tracking or cross-site user tracking. Although we’re currently unable to honor DNT signals, we do not collect personal information when you visit our Digital Properties unless you provide such information to us. We also work with third parties that use tracking technologies on our Digital Properties in order to provide tailored advertisements on our behalf and/or on behalf of other advertisers across the Internet. These companies may collect information about your activity on our sites and your interaction with our advertising and other communications, and use this information to determine which ads you see on third-party websites and applications. For more information about this practice and to understand your options, please visitwww.youradchoices.com (U.S.), www.youradchoices.ca (Canada) or the Network Advertising Initiative atwww.networkadvertising.org.

TO WHOM DOES MFF DISCLOSE YOUR PERSONAL DATA?

Except as described in this privacy policy or in other situations where we have otherwise provided you with prior notice and, to the extent required by applicable law, obtained your express consent, we do not sell, rent or otherwise share your name, email address, or any other identifiable personal data to third parties. We may, however, share your personal data for the following reasons and with the following persons:

Third-Party Suppliers; Transaction Processing:

When you make a purchase, we may need to provide personal information, such as your shipping address, billing information, telephone number, and credit card information to third parties, including payment processing or shipping companies, as necessary solely to complete the transaction.

Legal Requirements:

We may disclose your personal information, only when we deem necessary or appropriate, to law enforcement or other entities or third parties as required by law or to protect our rights or the rights of others, to prevent harm to persons or property, to fight fraud, identity theft, or otherwise to comply with the law or legal process, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights, property, or safety of MFF and its employees or others.

Business and Accounting Disclosures:

We may also disclose non-identifying transaction information to third parties for the purpose of accounting and record keeping. We may also disclose aggregate user data or non-personal information in order to describe our services to prospective business partners, prospective purchasers of any asset that we are contemplating selling, advertisers, and others, but will do so only in a form that does not identify individual users.

Other Disclosures:

Occasionally, we may disclose personal information in other circumstances, but we will only do this if we have explained at the time we collect the information the purpose for which it will be disclosed. In certain other circumstances, we may be obligated to disclose your personal information to others, such as a governmental body or regulatory authority. These circumstances could include to comply with our duty to disclose or share your personal information under any legal obligation, to enforce or apply our terms of use and other agreements between you and us or to protect the right, property or safety of MFF.

OPT-OUT POLICY

You may opt out of receiving promotional communications from us (e.g., notices about new products or services or marketing research) or third parties (e.g., co-branded offers), by emailing us at: legal@markfisherfitness.com or writing to us at:

Mark Fisher Fitness
411 West 39th Street
New York, NY 10018
Attn: Legal Department

In addition, we may contact you via email or use targeted online advertising as permissible by law. In the case of email, we may include instructions to enable you to unsubscribe from future emails if you so choose. You agree and understand that while we will do our best to comply with your request, we shall not be liable for any problems or delays associated with the opt-out process.

SECURITY

We implement technical and organizational safeguards to ensure an appropriate level of security and confidentiality for your personal data, in accordance with our policies and any applicable laws. We will hold your personal information on our systems for as long as necessary to provide the relevant services to you or for so as long as reasonably required to satisfy the purpose for which you submitted the information, and taking into account any record retention requirements under any applicable laws.

Please be aware, though, that no data security measures can absolutely guarantee security. Because of this, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or via our online products or services, and you do so at your own risk. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

LINKS TO OTHER WEBSITES

On our Digital Properties and in communication with you, we may include links or referrals to businesses and websites operated by our business partners, affiliates, advertisers, and others, and these businesses and websites may allow you to access tools and services that would allow personal information to be transferred to such third parties. These third parties have separate data collection and privacy practices independent from ours, and thus MFF cannot be responsible for their policies, activities or the collection and use of your personal data. If you choose to use any of these third-party sites, any personal data collected by such site or app will be controlled by the privacy policy of that third party. We strongly encourage you to read the privacy polices of those sites, as their practices may differ from ours. Please contact those third parties directly if you have questions about their privacy policies.

INTERACTIVE FORUMS

Our Digital Properties may include interactive online forums, blogs and other interactive technologies that may allow comments, messages, emails, and postings to be associated with a user’s name or email address. Any information you post is public information, and MFF cannot control what use third parties may make of this personal information. All of these forums are public. Please consider this before you post.

HOW CAN I DELETE MY INFORMATION?

MFF does not currently have a method for users to directly delete the personal information contained in our database; however, you can contact us to withdraw your consent for us to use your information at any time. You may also ask us to correct or to remove information that you think is inaccurate. We also provide you with tools and account settings to access or modify some of the information you provided to us and associated with your account if you have registered for an account with our Digital Properties.

USERS BASED OUTSIDE OF THE USA

MFF is located and operated in the United States. Like almost every website, our Digital Properties may be accessed by an international audience. Please be aware that if you are visiting our Digital Properties from outside the United States and providing us with personal information, all information you provide, including any personal data, and any information that is collected, stored or otherwise processed by us will necessarily result in the transfer of information across international borders to, and from the United States. In addition, such data may be transferred and stored on servers located in the United States of America or otherwise outside your resident jurisdiction. Such jurisdictions may have less stringent privacy practices than your own. Our third-party service providers may also be located outside of your jurisdiction. Personal information that is transferred or maintained outside of your jurisdiction could be accessible to law enforcement agencies according to the laws of the applicable foreign country. By agreeing to this privacy policy and using our Digital Properties, you agree to the transfer and processing of your data in the United States in a manner consistent with the terms of this privacy policy.

MY CALIFORNIA LAW RIGHTS

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their “personal information” (as defined under the California Online Privacy Protection Act), if any, for their direct marketing purposes in the prior calendar year, as well as the type of “personal information” disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email to legal@markfisherfitness.com.

WHAT HAPPENS TO MY INFORMATION IF MFF IS SOLD TO OR MERGES WITH ANOTHER COMPANY?

It is possible that MFF and/or any of our assets may be acquired by an unrelated third party. In such a transaction, as the owner of this customer information, we may disclose or sell the information as an asset of the company in conjunction with the sale of our company or the sale of a portion of our assets to a third party. While we will endeavor to require the successor company to maintain this privacy policy, we cannot guarantee that this policy will remain in effect if such a sale is completed.

CHANGES TO THIS POLICY

This privacy policy may change from time to time. If we make any substantive changes to the policy in the future that materially affect our practices with regard to how we use your information, we will post those changes on our Digital Properties in this location together with the date of the last update. Your continued business relationship or use of the Digital Properties after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue your use of our Digital Properties or business relationship with us.

GOVERNING LAW

This privacy policy and all disputes arising hereunder or relating hereto shall be governed by, and will be construed under, the laws of the State of New York, U.S.A., without regard to choice of law principles. Those who choose to access our Digital Properties from locations outside the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable.

CONTACTING US

If you have any questions about this privacy policy or the practices of the Digital Properties, or if you’d just like to share any comments, concerns, or complaints with us, please contact:

Mark Fisher Fitness
411 West 39th Street
New York, NY 10018
Attn: Legal Department

or email us: legal@markfisherfitness.com

Last updated and effective: June 22, 2018