Privacy Policy

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This Privacy Policy (the “Policy") applies to the websites located at www.gymguyz.com, www.gymguyzfranchise.com and any other websites/applications (including the GYMGUYZ mobile application) owned and operated by GYMGUYZ, LLC, 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 or its franchisees. The Company’s websites and mobile application may contain links to websites/applications that are owned and operated by other companies. This Policy does not apply to websites/applications that are owned and operated by third parties. 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

We reserve the right to modify or amend this Policy at any time by posting the updated version on our website and changing the date listed at the top of this Policy. Any material changes in how we use or share the information we collect 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 a website visitor or mobile application user which is collected by the website or mobile application or is otherwise submitted to the Company or its franchisees by a client. Personal Information can be either information submitted by you or information which is passively collected.

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

We are also provided with information automatically when you use a computer, tablet, smart phone or other device to access our website or mobile application or to interact with us online. We 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 our website or mobile application, the web pages you accessed, the subject of any ads youclick or scroll over and the number of clicks. To collect this information, we use cookies, web beacons and other similar technology. We may allow third parties to collect information about you by setting their own cookies, web beacons and other similar technologies on our website or via our mobile application.

When you use a computer, smart phone or other mobile device to access our website or mobile application, we may collect information about your physical location. We 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. We can only collect information regarding your location if the permissions in your mobile device allow communication of this information. If you do not want us to collect your location information, you can opt out of sharing this information by changing the relevant settings in your mobile device.

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

Certain information is automatically collected by the Company’s internet servers, such as your Internet Service Provider and IP address, the pages you view within the website or mobile application and the amount of time you spend in certain areas of the website or mobile application.

When you view the Company’s website or use its mobile application, “cookies” or other web beacons may temporarily be stored on your computer. A “cookie” is a small data file that is sent from a website’s 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 settings to determine what options are available to you. Some cookies may be required in order to allow you to access and use our website or mobile applications. By completely disabling cookies, you may not be able to access some or all of the features of our website or mobile applications.

We mainly use 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. We use this information to compile statistics, to create targeted marketing and to customize content. These cookies allow us 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 our website and mobile application.

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

How We Use the Information We Collect

We may use the information we collect about you in a variety of ways, including:

How We Share the Information We Collect

Your information may be shared with our parents, affiliates, our franchisees and with vendors that help us to manage and process the information. We do not currently sell personal information about you to third parties. If we become involved with a merger or a situation involving the transfer of some or all of our business assets, we may share your information with business entities or individuals involved in that process. We 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 our legal rights or defend against legal claims against us. We may share your information with service providers who wish to provide you with promotions and special offers. We may share your information in a way that does not directly identify you. We also may share statistics about your use of our website, mobile application and services with other companies.

If you post information on a public blog or on public portions of our website or using our mobile application, the information that you post may be seen by other visitors.

Third Party Collection of Your Information

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

How We Protect Your Information

We utilize 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, we restrict 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, we cannot warrant the security of any information you transmit to us and you do so at your own risk.

Links to Other Websites

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. 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. The Company also makes no endorsement or representation regarding anything found on a third party website.

Residents of California

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

Collection of Information From Children

Our websites and mobile application are not intended for use by anyone under the age of 18. We do not knowingly collect, use or disclose the personal information of children under the age of 18. If you are under the age of 18 you should not provide any information to us. We comply with the Children’s Online Privacy Protection Act. If you are a parent or guardian and believe we may have collected information about a child under the age of 18, please contact us as described in the “Contact Us” section below so we can take reasonable steps to remove that information from our servers.

Contact Us

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 us 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 us at info@gymguyz.com or write to us at: GYMGUYZ, LLC, 1 Dupont St., Suite 108, Plainview, NY 11803, Attn: Digital Privacy Department. You can also opt-out by following the opt-out instructions in promotional communications we send you. Please note that if you opt out of receiving promotional communications from us, we may still send you non-promotional communications, including emails about your accounts or purchases.