Privacy Policy - Fit Science Method

 

Fit Science Method  (hereinafter “Fit Science Method” “we,” “our,” or “us”) is committed to safeguarding and handling your Personal Information in a responsible and secure manner.

This Privacy Policy (“Policy”) describes how we process your Personal Information as you use our website located at fitsciencemethod.com, visit our studios, and any services, tools, technology, products, features, events, webpages, and mobile apps (together, the “Services”) provided, operated or owned by Fit Science Method. When we collect, access, use or do anything with your Personal Information, we are “processing” your Personal Information.

Please read our Terms of Service before accessing our Services. To the extent permitted under the applicable law, by accepting the Terms of Service, you agree with our privacy practices as described in this Policy. If you cannot agree with this Policy, Terms of Service, or other policies, please do not access or use our Services.

We may modify this Policy at any time and changes may apply to any Personal Information we already hold about you, as well as any new Personal Information collected after the Policy is modified. If we make changes, we will notify you by revising the date at the top of this Policy. We will provide you with advanced notice if we make any material changes to how we collect, use or disclose your Personal Information or that impact your rights under this Policy. If you continue to access or use our Services after receiving the notice of changes, you acknowledge your acceptance of the updated Policy.

In addition, we may provide you with real time disclosures or additional information about the Personal Information handling practices of specific parts of our Services. Such notices may supplement this Policy or provide you with additional choices about how we process your Personal Information.

 

CONTENTS

 Section 1 – Information We Collect Through Your Use of the Services

Section 2 – How We Use Your Information

Section 3 – How We Share Your Information

Section 4 – Your Choices

Section 5 – Third-Party Services

Section 6 – Security

Section 7 – Children’s Privacy

Section 8 – Retention

Section 9 –Contact Information

SECTION 1 – INFORMATION WE COLLECT THROUGH YOUR USE OF THE SERVICES

Personal Information is any information that identifies you or makes you identifiable. We collect different types of Personal Information when you’re accessing or using our Services, including:

1. Information You Provide to Us. In connection with the Services, we may ask you to provide these categories of Personal Information:

• Account Information: Information you provide about yourself to access our Services, including name, email address, phone number, mailing address, and password, so that we may communicate with you and provide you with the Services.
• Scheduling Information: In order to sign up for a Fit Science Method class or to purchase Class Packs or memberships online through our Service, you must provide us with your name, physical address, email address, date of birth, phone number, and Payment Information (described below). If you complete a membership agreement or sign up for a fitness event, we also collect information about any health conditions that could affect your ability to participate in a workout. If you do not provide this information, you may not be able to participate in a Fit Science Method class or event.
• Payment Information: If and when you make an order through our Services (such as to purchase Class Packs or purchasing merchandise), you will need to provide us with a payment card, including billing information such as your billing address, phone number, and name on the payment card. A third-party service provider stores and processes this information securely and only for purposes of marking an order through our Services.
• Voluntary Information: Information you provide to us voluntarily by completing web forms, submitting a job application, signing up for our newsletter, participating in polls, or contributing to blogs, postings, contacting customer service, and other mediums constitutes Voluntary Information.

2.  Usage Information Automatically Collected. When you use the Services online or through our mobile app, we automatically collect information about the Services you use and how you use them (“Usage Information”), as described below.

•  Service Data:We collect information about your interactions with the Services, such as the pages or other content you view, and other actions you perform while using the Services.
•  Log Data:We automatically collect log information when you use the Services. This might include your IP address, access times, hardware and software information, device information, device event information (e.g. crashes, unsuccessful logins, browser type), the web page you’ve viewed or engaged with before or after using the Services, and other relevant information. We collect and monitor this data in order to keep track of the security and privacy of your account.
•  Cookies and Similar Tracking Technologies:We may use cookies, embedded scripts and other tracking technologies to collect and store information about your use of our Services. We use these tools to ensure that you receive a personalized experience, to provide you with certain functions on our Services, to keep your account safe, and to improve and optimize our Services.

3. Membership and Studio Usage Information. We will collect Personal Information about how you use and interact with Fit Science Method studios and our online properties, including the studios and times you check in to, workouts you log, classes you book or add to your schedule, and information provided when you purchase or schedule private studio sessions.
4. Information from Our Studio. Cameras are installed at our studios, to monitor building security and assist in crime prevention and detection and to ensure the health and safety of our staff and visitors to our sites. We may collection some Personal Information about you through our camera system, including your image or likeness.
5. Information from Third Parties. From time to time, Fit Science Method may allow you to connect or transfer your information to or from a third-party application or service. For example, you may book Fit Science Method classes through a third-party application such as ClassPass. If you choose to participate, we may collect Personal Information about you from the third party. Once the Personal Information has been transferred to Fit Science Method from a third party, you may or may not be able to rescind or remove the information and should check with the third-party application or service as to your options.

 

SECTION 2 – HOW WE USE YOUR INFORMATION

Your Personal Information can be used for various purposes, including:

2.  To Provide Our Services.When you access or use our Services, we process certain Personal Information about you to be able to provide you with our Services. Some examples of how we process your Personal Information in our Services include, but are not limited to:

• To allow you to view, book, and attend classes at our studios,
• To pay for the Services, and
• To analyze your use and enjoyment of the Services.
• We cannot provide you with our Services without such processing of your Personal Information.

3. To Communicate with You. When you create an account for our Services, you will receive Service-related communications. Our Service-related communications are transactional messages about your account, billing information, your attendance, surveys, support, customer service, discounts you’ve earned, policy changes, or other Service-related notifications. However, service-related communications are necessary for us to continue to provide our Services to you.
4. Marketing Communications. We may also use your Personal Information for marketing, promotional, or sweepstakes related communications and initiatives. You can manage your email preferences and opt out of certain communications, such as by clicking the “unsubscribe” link found within non-transactional communications or by emailing us at the contact information listed at the end of this Policy
5. To Enforce our Terms, Agreements, or Policies. To maintain a safe, secure, and trusted environment for you when you use the Services, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, and mitigate any suspected or actual prohibited activities on our Services. We are required to process your Personal Information for this purpose to provide our Services.
6. For Research and Development. We want to ensure our Services are continually improving and expanding so that we meet and exceed your needs and expectations. To do so, we may process your Personal Information to improve, optimize, or expand our Services or features of our Services. We do so by processing information about your use of the Services, any information you provide to us, and by measuring, tracking, and analyzing trends and usage in connection to your use of our Services.
7. To Comply with Applicable Laws. We may be required to process your Personal Information under certain laws and regulations, such as tax laws. We will also process any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Fit Science Method Terms of Service and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Fit Science Method, its employees, its users, its clients, and the public. We cannot provide the Services to you without such processing.

 

SECTION 3 – HOW WE SHARE YOUR INFORMATION

We may share your Personal Information as follows:

1. Third-Party Service Providers.We may use third parties to perform certain services on our behalf in connection with the Services such as:

• to process and store data, including your Personal Information;
• to track, analyze, and modify our Services;
• for marketing, advertising, and distribution;
• to assist us in providing you with customer support; and
• to support our IT and security efforts.

2. Among Fit Science Method Companies. Since Fit Science Method is a regional brand operating in different parts of the state, we transfer Personal Information between Fit Science Method studios, offices, affiliates, and departments.
3. Merger, Bankruptcy, or Corporate Reorganization.We may disclose and transfer your Personal Information to a subsequent owner, co-owner, or operator of Fit Science Method or the Services, or in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets (i.e., a bankruptcy proceeding), or other corporate change. We will notify you with any choices you may have regarding your Personal Information when we are engaged in a merger, bankruptcy, or corporate reorganization.
4. Legal Obligations and Safety.We may share your Personal Information if it is reasonably necessary to:

• Comply with a valid legal process (e.g., subpoenas, warrants, court orders, etc.);
• Comply with requests or investigations by public authorities;
• Comply with applicable laws or regulations;
• Enforce or apply the Fit Science Method policies or policies of our business partners;
• Protect the security or integrity of the Services; or
• Protect the rights, property, or safety of Fit Science Method, our employees or users, partners and affiliates, or other natural persons.

5. For Any Other Purpose, with Your Consent. We may share your Personal Information on your behalf or at your request. We will only do so with your specific consent. If you provide your consent to share your information, you may withdraw your consent at any time. Withdrawing your consent will not undo or reverse the lawfulness of any previous processing, and in some cases Personal Information may not be retrieved once shared. Contact us at [email protected] if you would like to withdraw your consent.

 

SECTION 4 – YOUR CHOICES

1. Your Account. You may access your Fit Science Method Account Information by going to the “Your Account” page. You can edit your Account Information as necessary, such as your email address, name, phone number, and more. When you update your Account Information, we may keep a copy of your previous account details for our records and to prevent fraud or other activities that violate our terms, policies and agreements. However, if you do not provide us with some of your Personal Information, such as your name or email, we will no longer be able to provide you with access to our Services.
2. Self-Reported and Voluntary Information. You may choose not to provide us with some of your Personal Information. For example, you are not required to complete any survey we send to you.
3. Communication Preferences. If you do not want to receive emails from us, please adjust your communication preferences or click the unsubscribe link within the email you received from us. You will not be able to unsubscribe from Service-related communications as they are necessary for us to continue offering you the Services.
4. Account Deletion. At any time, you can delete our App from your mobile device. Deleting our App does not delete your account or the related Personal Information. If you wish to delete your account completely, please email us at [email protected]. Please note that Fit Science Method’s deletion of your Personal Information is subject to limitations, including any applicable legal retention requirements.
5. Cookies Preferences. You can exercise your preferences in relation to cookies served on our Services by adjusting your browser settings which provide you with the option to refuse or remove some or all browser cookies.

• First-Party Cookies. You can use the browser with which you are viewing our Services to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the Services. Also, if you disable cookies other parts of the Services may not work properly. You can find more information about how to change your browser cookie settings at http://www.allaboutcookies.org.

• Third-Party Cookies. To opt-out of third-party advertising networks and similar entities that use advertising cookies, please visit the Digital Advertising Alliance’s self-regulatory opt-out tool at http://www.aboutads.info/choicesor the Network Advertising Initiative’s opt-out tool at https://optout.networkadvertising.org/?c=1.  Once you click the link you may choose to opt-out of such advertising from all participating advertising companies or only advertising provided by specific advertising entities. For more information about third-party advertising networks and similar entities that use these technologies, please see http://www.aboutads.info/consumers.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. In addition, most web browsers provide help pages relating to setting cookie preferences. More information may be found for the following browsers here:

•       Google Chrome
•       Internet Explorer
•       Mozilla Firefox
•       Safari (Desktop)
•       Safari (Mobile)
•       Android Browser
•       Opera
•       Opera Mobile

 

SECTION 5 – THIRD-PARTY SERVICES

You may find links to other websites, third party applications, and widgets on our Services that we do not own or control. When you click on links in our Service, they may direct you away from our Website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Once you leave our Service or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

 

SECTION 6 – SECURITY

To protect your Personal Information, we take reasonable precautions and follow industry standard practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

You should be aware that, unfortunately, no system can be 100% secure. There will always be a risk that your Personal Information gets compromised. We also depend on you to keep your Account Information secure by keeping your password confidential and taking precautions to keep others from accessing your account. Please notify us immediately at [email protected] if you become aware of any unauthorized access to or use of your account.

 

SECTION 7 – CHILDREN’S PRIVACY

By using this site, you represent that you are at least the age of majority in your jurisdiction of residence, or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this site. Please contact us if you believe we have collected Personal Information about a child without consent from their parent or guardian so we can take action to prevent such access and to delete their Personal Information from our Services.

 

SECTION 8 – RETENTION

We generally retain your Personal Information as long as necessary to fulfill the purposes of collection, including for the purposes of satisfying any legal, accounting, or reporting obligations or to resolve disputes. Otherwise we will try to delete your Personal Information upon your request or when we no longer need it for the purposes it was originally collected. We will not delete any Personal Information that also relates to other individuals, unless such other individuals also wish to delete their Personal Information at the same time.

 

SECTION 9 – CONTACT INFORMATION

If you have question about this Privacy Policy, please contact our Privacy Compliance Administrator at [email protected], or by mail at:

United States of America
Fit Science Method
3501 Ne 163rd Street
Sunny Isles Beach, FL 33160

FLORIDA STUDIOS:

1. INTERPRETATION AND VARIATION

1.1 Fit Science Method LLC reserves the right to vary and revoke the Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of the Studio and the conduct of Members.

1.2 The Terms and Conditions will be governed by the laws of Florida and subject to the exclusive jurisdiction of the Florida courts.

2. MEMBERSHIP
   2.1 Subject to these terms and conditions, when a person has completed the online Registration he will become a Member of the Studio.

2.2 Acceptance of a person as a Member is in the absolute discretion of the Company.

2.3 The Company reserves the right to expel from the Studio, suspend for a specific period or refuse to renew the membership of any Member whose conduct is or may, in the Company’s reasonable opinion, be injurious to the character of the Studio or which amounts to a breach of the Terms and Conditions or where such expulsion is otherwise in the interests of the other Members of the Studio. Any Member so expelled will forthwith cease to be a Member of the Studio and will not be entitled to any refund for any period during which his membership is suspended.

2.4 If a Member brings a guest to the Studio for a session that guest must before the commencement of the relevant session become a Member in accordance with and subject to the Terms and Conditions.

2.5 Members must be eighteen (18) or over .

3. STUDIO OPENING TIMES

Details of session times at the Studio may vary from time to time. Session times will be published by the Studio and will be available either at the Studio or at www.fitsciencemethod.com

4. PAYMENT TERMS
   4.1 Details of session prices and gift certificate prices are available either at www.fitsciencemethod.com or directly from the Studio and will be such prices as determined by the Company from time to time.

4.2 A Member may not attend any session at the Studio without first booking and paying for the relevant session.

4.3 Payments for sessions and gift certificates in any amount are non-refundable unless otherwise stated in the Terms and Conditions.

4.4 Credits and memberships purchased can only be used in the location it was purchased at and are non transferable across regions.

5. BOOKINGS AND CANCELLATIONS

5.1 Sessions are booked on a first-come first-served basis.

5.2 A Member may use the waiting list function at www.fitsciencemethod.com in the event that the client’s first choice session is unavailable. If a Member joins the waiting list for a particular session and then books into that session their booking will be subject to the general Terms and Conditions. Members will be automatically added from the waitlist up to 8 hours prior to the start of class. Our 12 hour cancellation policy in section 5.4 applies and therefore members must remove themselves prior to those 12 hours if he/she does not want to be automatically added up to 8 hours prior to class.

5.3 Sessions are valid for (12) months from and including the date of purchase unless otherwise stated in the promotion, offer, or online booking system.

5.4 Any cancellation within 12 hours of class, will be considered a late cancel. If a client late cancels or is a no show and has reserved with a class pack or session, he/she will forfeit their credit.  No shows/late cancellations on a membership, including 1 month unlimited, 1 week unlimited, 6 month memberships and any auto renew,  will result in a $25 no show/late cancellation fee billed to the credit card on file.

5.5  If Member does not arrive at the start of the scheduled class time, Member forfeits their reservation and spot in class. If a Member used a credit to book in, Member will forfeit their credit. If Member is on an unlimitedmembership, or auto renew, Member will be charged a late fee of $25. All monthly members, weekly memberships, and auto renew members are required to keep an active card on file.

6. FITNESS AND HEALTH

6.1 By agreeing to these Terms and Conditions Members hereby confirm that they have no health problems (including without limitation cardiac irregularities; spinal, bone, joint, tendon or ligament injuries; spells of dizziness; asthma (or other breathing difficulty); diabetes, epilepsy or any allergy) which may affect their participation in any sessions at the Studio.

6.2 It is the Member’s sole responsibility to notify the Studio before attending any session of any circumstances affecting their health which may be exacerbated through continued use of the Studio and/or which may have arisen or worsened since their last session at the Studio (if any).

6.3 Members are advised not to undertake strenuous physical activity without first seeking medical advice if they have concerns over their physical condition and well being. Members with low/high blood pressure and/or cardiac irregularities should not attend class. If there is any doubt, the Member should consult his doctor.

6.4 The Studio reserves the right to refuse access to any Member if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the use of Studio facilities.

6.4 Members are required to follow the instructions of the instructor at all times.

7. LIMITATION OF LIABILITY

7.1 The Company cannot be held responsible for any particular session, instructor and/or item of reformer equipment not being available for whatever reason. The Company reserves the right to make alterations to the sessions, instructors and/or equipment, as well as to those ancillary facilities, provided to Members, without notice and in its absolute discretion and the Company will not be liable for any loss occasioned by such alterations except insofar as such loss is by law incapable of exclusion.

7.2 It is the Member’s responsibility to ensure that he is capable of undergoing a routine of exercises provided by any program which he follows or class which he attends. Members accept the risk of injury from performing exercises and using specialist equipment and are advised to consult their doctor prior to beginning any session. Advice provided by our instructors at no time constitutes medical advice in substitute for advice provided by a medical professional.

7.3 The Company accepts no liability for loss or damage to property of Members or for injury to Members on the Studio premises or outside the Studio except insofar as such loss, damage or injury is by law incapable of exclusion.

7.4 In consideration of their participation in the activities and programs of the Company and the use of facilities and equipment owned and/or under the control of the Company the Member hereby waives and releases the Company from any and all responsibility or liability for injuries, damages, or death resulting from their participation in any of the Company’s activities or use of the Company’s equipment or facilities (including loss of a baby during pregnancy).

8. USE OF FACILITIES

8.1 A Member is entitled to use the Studio’s facilities provided always that the Studio may at any time without notice withdraw all or part of its facilities for any period or periods and with notice, where practicable, in connection with any cleaning, repair, alteration or maintenance work or for reasons beyond the control of the Studio or the Company.

9. PERSONAL BELONGINGS

Personal belongings are brought onto the Studio premises at the Member’s own risk and the Company does not accept liability for any loss or damage whatsoever to such items.

10. DRESS

Members are requested to wear a form of dress appropriate to the practice of any services offered at Fit Science Method and the Company recommends that Members wear stretch pants or shorts and a T-shirt or sports top. Members are required to attend sessions in non-slip socks. Footwear should be removed in the entry area.

11. SAFETY & HYGIENE

11.1 In the interests of safety and hygiene, no crockery, glass or food are permitted in the changing rooms or studio. Only water is permitted in the Studio. Other than with the exception of guide dogs no pets are permitted in the Studio buildings or grounds.

11.2 Notwithstanding paragraph 11.1 above, Members must not walk around the Studio barefoot if they have verrucas or similar foot complaints.

11.3 Members must use the main entrance to the Studio when entering or leaving the Studio. Fire exits, which are clearly marked, are there in the interests of safety and Members must not interfere with these exits for any reason. In the event of a fire, Members are asked to make their way to the nearest available exit.

11.4 Smoking is forbidden in the Studio.

12. GENERAL

12.1 Members are required to give written notice to the Company of any change of address. Failing such notice, all communications will be assumed to have been received by the Member within five days of mailing to the last address notified to the Company.

12.2 The Company reserves the right to refuse admission to the Studio.

12.3 The Company may assign the benefit of the Registration Process and a Member’s membership to a third party at any time without notice to the Member.

12.4 The Registration Process, including these terms and conditions, shall not be construed to grant any third-party beneficiary rights to any person.

12.5 The Company may, if a Member so wishes, communicate with the Member by electronic mail (“email”). By providing an email address to the Company the Member consents to receiving email communications from the Company, including notices pursuant to the Terms and Conditions. The member also accepts the risk that email may not be a secure and confidential means of communication. The Company will not be liable for any loss or damage suffered as a result of communicating with a Member by email.

12.6 Members must at all times observe the Studio guidelines which may be notified to them from time to time and are requested to comply with any reasonable directions which the management of the Studio may issue to ensure the smooth operation of the Studio for the convenience of all Members.

12.7 Any marketing, educational or other materials of any nature whatsoever produced by the Company in connection with the Studio and which are made available to Members at the Studio will at all times remain the property of the Company and will be subject to the Company’s copyright.

13. WAIVER OF JURY TRIAL

13.1 THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT TO TRIAL BY JURY OF ANY MATTERS RELATING TO, ARISING OUT OF, BASED UPON, OR RESULTING FROM THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. THE PARTIES HERETO RECOGNIZE AND AGREE THAT ANY SUCH CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN THE PARTIES WOULD INVOLVE DIFFICULT AND COMPLEX ISSUES THAT WOULD BE MORE APPROPRIATE TO TRY BEFORE AN ARBITRATOR OR A JUDGE WITHOUT A JURY.

14. MEDIATION AND ARBITRATION.

14.1 Any controversy or claim relating to, arising out of, based upon, or resulting from to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. If a dispute relating to, arising out of, based upon, or resulting from this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any mediation shall be held in Miami-Dade, Florida, or such other location as the parties may mutually agree. Mediation shall be completed within forty-five (45) days following delivery of notice to mediate, and the fees filed expenses of the mediator shall be paid half by each party. Arbitration shall be conducted in accordance with the AAA’s Commercial Arbitration Rules and Mediation Procedures, modified as follows: (l) the total time from date of demand for arbitration to final award shall not exceed forty-five (45) days; (2) the arbitrator shall be chosen by the AAA without submittal of lists and subject to challenge only for good cause shown; (3) the time, date and place of the hearing shall be set by the arbitrator in his or her sole discretion, provided that there be at least seven (7) days prior notice of the hearing; (4) there shall be no post-hearing briefs; and (5) the arbitrator shall issue his or her award within seven (7) days after the close of the hearing. The arbitration shall be held in Miami-Dade, Florida, or such other location as the parties may mutually agree. The decision of the arbitrator shall be binding on the parties, not subject to appeal, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction in Miami Dade County, Florida. The fees and expenses of the arbitrator shall be paid half by each party, but the arbitrator shall award the prevailing party’s arbitration fees and expenses as a cost to the prevailing party in the arbitration award. The parties shall each hold harmless and indemnify the arbitrator from any claims arising in connection with the arbitration. No provision of, nor the exercise of any rights under, these policies governing mediation and arbitration will limit the parties’ right to request and obtain provisional or ancillary remedies or relief, including temporary or permanent injunctive relief or to restrain or prevent any breach or default from any court having jurisdiction, before, during, or after the pendency of any arbitration. The prevailing party shall recover its costs and reasonable attorney’s fees, which shall be determined and fixed by the arbitrator as part of the arbitration award, and in the case of any court proceeding seeking provisional or ancillary remedies or relief by the court (at all trial and appellate levels).