1. WHAT INFORMATION DO WE COLLECT?
(a) Information you provide to us.
Heatshock only collects personal information about you that is necessary for the purposes of establishing, managing and maintaining our relationship with you, and in accordance with the purposes described in Section 3. We and our third party service providers (“Contractors”) may collect certain information from or about you in connection with your use of the Site, or your submissions to us via the Site or at one of our Locations (together, “Collected Information”), including, but not limited to, your name, e-mail address, mailing address, telephone number, and credit card information (including credit card number, expiration date, security code, billing name and billing address). In addition, we and our Contractors may collect the content of, and metadata regarding, any correspondence you may have with us or our representatives, regardless of the mode of communication by which such correspondence was made.
(b) Information collected via technology.
In addition, the Collected Information may reveal such things as the Internet protocol (“IP”) address assigned to your computer, specific pages that you access on the Site or prior to or after visiting the Site, and the length of time you spend at the Site. We and our Contractors may use this information to help administer the Site and the servers that provide the Site, generate statistical information, monitor and analyze Site traffic and usage patterns, and improve the Site’s content and content delivery, including any online content, materials, and services that we describe or make available on the Site.
The technologies we use for automatic data collection may include:
Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, you may visit http://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html. Similarly, by disabling Flash cookies, you will not have access to some of the features that enhance your user experience on our Site.
Web Beacons. Pages of the Site and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit Heatshock, for example, to count users who have visited those pages or opened an e-mail and for other related Site statistics (for example, recording the popularity of certain Site content and verifying system and server integrity).
Do Not Track. Our systems do not recognize browser “Do Not Track” signals. “Do Not Track” is a proposed universal mechanism that enables consumers to opt-out of tracking by websites they do not visit. Once the Internet industry has settled on standards related to this issue and Heatshock recognizes such standards, we may reevaluate this approach.
2. INTEREST-BASED ADVERTISING
Advertising agencies, advertising networks, and other companies may place advertisements on the Site, and on the Internet generally, and may use their own cookies, web beacons, and other technology to collect information about you when you use our Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
If you have any questions or to opt-out of interest-based advertising from third-party companies, you may contact us (as provided in Section 12) or visit http://www.networkadvertising.org/choices/.
3. HOW DO WE USE YOUR INFORMATION?
We may use Collected Information to establish and maintain our business relationship with you, to identify you as a user of the Site or as a client of our Locations, and to facilitate our provision of services, including allowing members to register and pay for classes, programs and/or events at our Locations, to reserve facilities (such as tennis courts) at our Locations, to enable non-members to sign-up and register as a member at one of our Locations, or to administer sweepstakes and contests. We may use Collected Information to communicate special offers, promotions and information about our company to you via email or the telephone. If you do not wish to receive these communications you will have the option to opt out of future mailings (see Section 4 below). If you contact us for support or assistance, we may use Collected Information to provide service and support to you, namely to respond to your comments, questions or suggestions. We may also use your information to compile usage statistics and other data regarding the use of the Site services, and to improve our service offerings, including the use of this Site.
We may also use Collected Information to prevent errors and fraud.
Finally, we may use Collected Information for any other purpose with your consent or as required or authorized by law.
4. HOW DO WE USE YOUR EMAIL INFORMATION?
In addition to the more general purposes identified in Section 3, we collect email information to provide a more personalized and relevant experience. If you give us your email address when you inquire about membership or sign up, we will send you emails about exclusive offers, news at Heatshock and new club offerings and events. If you have previously opted out of receiving emails from us, providing updated information will act as an ‘opt back-in’.
If you want to opt-out of receiving promotional emails, simply click on the unsubscribe link located on the bottom of all of our emails. Although we strive to update our email list within a 10 business day delay, you might receive another contact before we are able to remove you.
Please note that you will continue to receive services-related communications as it pertains to your member account. Heatshock may use any of your contact information held on file (including Email, Mailing, Phone & Fax) to communicate with you in relation to day to day administrative activities, such as billing, purchases and important service alerts.
Heatshock does not sell or rent your name, e-mail address, or any other personally identifiable information to third-parties.
5. WE ONLY SHARE USER INFORMATION IN THE WAYS DESCRIBED BELOW
Access to the Collected Information within Heatshock does not require your consent, but is strictly limited to the persons for whom such information is necessary for the performance of their functions and duties.
Subject to the same restrictions, we may also share the necessary Collected Information with our subsidiaries, affiliates, and our business and marketing partners in furthering our mission as an organization and delivering the content, materials, and services available on or through the Site to you. However, this information is provided in the form of aggregated statistical data that includes users’ demographic information, but does not identify them. We reserve the right to provide any and all such aggregated and non-individually identifiable data to third parties.
If all or part of Heatshock is sold, merged, or otherwise transferred to another entity, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, we may transfer Collected Information to such entity as part of that transaction.
Finally, we may disclose Collected Information to other third parties with your consent or as required or authorized by law.
6. WHAT CHOICES DO YOU HAVE?
When corresponding with Heatshock or our representatives, or when making a request for information or otherwise interacting with us or others through the Site, you choose what information to supply, what questions or comments to submit, whether you wish to receive further information, and by what method of communication such information should be delivered. Please take care to share only such information as is needed or that you believe is appropriate. You are under no obligation to provide us with personally identifiable information, but without it we may not be able to provide you the products or services you request. You may contact us as indicated below if at any time you would like to ask us about our data collection and information security practices.
You also have the right to consult and obtain communication of your Collected Information which is contained in a file by Heatshock. You can also request that information which is inaccurate, incomplete or equivocal be rectified, and that information not justified by the purposes of the file be deleted. Heatshock will respond to every request for access and rectification within 30 days of receiving the written request. In the event that it cannot provide access to or rectify the information, it will inform you of the reasons why and provide you with any recourse available.
To gain more information on your privacy rights generally, the Federal Trade Commission, in the United States, and the Office of the Privacy Commissioner, in Canada, provide useful information about privacy on their own web sites at http://www.consumer.ftc.gov/topics/privacy-identity and https://www.priv.gc.ca/index_e.asp.
7. HOW DO WE PROTECT INFORMATION COLLECTED ABOUT YOU?
8. HOW DO WE PROTECT CHILDREN ON OUR SITE?
We are committed to making a safe environment for children on our Site. In particular, our intention is to fully comply with the Children’s Online Privacy Protection Act (COPPA) in the United States and similar legislation in Canada. Per COPPA guidelines and other applicable guidelines outside of the United States, we do not knowingly collect personally identifiable information from children under the age of 13. If a parent or guardian is made aware that a child under the age of 13 has provided us with personally identifiable information through any point of contact, we ask to be contacted at the below address or by email and we will delete the information about the child referenced from our files. We encourage parents to monitor children’s Internet use to keep them safe while navigating the Site and all other areas of the Internet.
10. LOCATION OF THIS SITE
This Site is hosted and operated in the United States. However, we and our Contractors may, in our effort to provide the Site, store Collected Information in the United States, or we may transfer it to, and store it within, other countries.
Those who access or use the Site from jurisdictions outside the United States or Canada do so at their own choice and risk and are solely responsible for compliance with local law. If you are not a resident of the United States or Canada, you acknowledge and agree that we may collect and use your personal information outside your home jurisdiction, and that we may store your personal information in the United States, Canada or elsewhere. Please note that the level of legal protection provided in the United States, Canada or other non-European countries may not be as stringent as that under European Union privacy standards or the privacy laws of some other countries, possibly including your home jurisdiction and that local laws may otherwise allow your information to be accessed by third parties without your consent.