3Minute Fitness, LLC
EFFECTIVE DATE: October 1, 2018
1. THE INFORMATION WE COLLECT ABOUT YOU
We collect information about you directly from you and from third parties, as well as automatically through your use of our Site and App. Information We Collect Directly From You. The information we collect from you depends on how you use our Site, App, and Services.
To sign up for a trial workout at an 3Minute Fitness studio through our Site or App, you must provide us with your name, email address, phone number, and the studio you would like to attend for your workout. We also will collect information about any health conditions that could affect your ability to participate in a workout.
To Schedule or Purchase Sessions Online. To create an account to sign up for workout sessions or to purchase sessions online through our Site or our App, you must provide us with your name, physical address, email address, date of birth, your phone number, your height and weight, your payment and billing information, and your username and password. 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 will not be able to create an online account, complete a membership agreement, or make a purchase.
We will also collect information about the workouts you schedule and information about your purchases. You may also provide information about your preferences, such as your favorite studios and coaches.
If you sign up for a trial workout or become an 3Minute Fitness member by registering at an 3Minute Fitness studio (whether owned by 3Minute Fitness or one of our franchisees), you must provide us or our franchisee (as applicable) with your name, physical address, email address, date of birth, your phone number, your height and weight, marital status, emergency contact information, and your payment and billing information. We or our franchisee (as applicable) also will collect information about any health conditions that could affect your ability to participate in a workout. If you do not provide this information, we or our franchisee (as applicable) may not be able to offer our services to you.
We or our franchisee (as applicable) also will collect information about the workout sessions you schedule, details about your exercise frequency and goals, and information about your in-studio purchases. We or our franchisee (as applicable) will also collect information when you check in for a workout, such as your name, address, email address, member number, and location. If you provide your information to a studio owned by one of our franchisees, the franchisee will share the information you provide to us – please see the Information We Collect from Franchisees section below.
If you express interest in owning an 3Minute Fitness franchise, we will collect your name, physical address, email address, phone number, information about your finances, information about the location you are interested in starting your franchise, and any other information you provide to us with your submission.
As described above, if you visit an 3Minute Fitness studio owned by one of our franchisees, you will be providing your information directly to the franchisee. When you provide your information to a franchisee (including your in-studio sign up information, purchases you make at a franchisee, and your workout information), the franchisee will make this information available to 3Minute Fitness. The franchisee, however, handles all billing and account administration, including determining how your information is used for the franchisee’s own marketing purposes. If you register for a workout at a different location from your home studio, then the owners of both studios – the one at which you completed your workout and your home studio – will have access to information about your workout registration and participation.
Information We Collect from Social Networking Sites. You may log into your online account or our Apps through Facebook. If you log in to your account or link your account to your Facebook profile, you must enter your Facebook email address and password. We will ask that you grant us permission to: (i) access your Facebook basic profile information (this includes your name, profile picture, gender, networks, user IDs, list of friends, date of birth, email address, and any other information you have set to public on your Facebook account), (ii) post to your wall; and (iii) access posts in your newsfeed. If you allow us to have access to this information, then we will have access to this information even if you have chosen not to make that information public through Facebook.
Information We Collect Automatically. We automatically collect information about your use of our Site and Apps through cookies, web beacons, and other technologies, including technologies designed for mobile apps. To the extent permitted by applicable law, we combine this information with other information we collect about you, including your personal information. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.
your browser type and operating system;
web pages you view on the Site; links you click on the Site; your IP address;
the length of time you visit our Site and or use our Services; and
the referring URL, or the webpage that led you to our Site.
mobile device ID; device name and model; operating system type, name, and version;
activities within the App; and the length of time that you are logged into our App;
location information. With your permission, we will collect location information from your mobile device to help you identify 3Minute Fitness studios located in your area. You may
turn off this feature through the location settings on your mobile device.
2. HOW WE USE YOUR INFORMATION
We use your information, including your personal information, for the following purposes:
To provide our services to you, to communicate with you about your use of our services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
To tailor the content and information that we may send or display to you, to offer location customization, and to offer personalized help and instructions, and to otherwise personalize your experiences while using the Site and App. For example, we will display upcoming workouts at your preferred studios, or we may use your location information to show you 3Minute Fitness studios in your area.
For marketing and promotional purposes. For example, we use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products, services, workout sessions, or other information we think may interest you.
We use your information (typically in the aggregate) to assist us in advertising the 3Minute Fitness brand on third party websites and in evaluating the success of our adverting campaigns through third party channels (including our online targeted advertising and offline promotional campaigns).
To better understand how users access and use our Site and Apps, both on an aggregated and individualized basis, in order to improve our Site and Apps, and respond to user desires and preferences, and for other research and analytical purposes.
To administer our membership reward program.
To administer surveys and questionnaires, such as for market research or member satisfaction purposes.
To develop our franchise program. For example, if you inquire about operating an 3Minute Fitness franchise, we will use your information to assess your suitability for owning one of our franchises.
To enable our franchisees to provide services to you in their independently owned and operated studios. In addition, if a franchisee leaves our franchise system, we will assist with facilitating the franchise’s transition to a new owner, including ensuring that the respective studio’s members’ personal information is transitioned to the new owner to ensure the members continue to receive services.
To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
3. HOW WE SHARE YOUR INFORMATION
We may share your information, including personal information, as follows:
During a workout session, if you participate in a workout challenge, you may share your name and workout information with other challenge participants. You may also share information about your workouts and challenges you participate in with your social media accounts.
If we collect information from you requesting a trial workout in your area, we will provide that information to the local franchisee. When you sign up for a workout or schedule or purchase sessions through our Site or App or in-person at a studio, such information is hosted by Mindbody Inc. (“Mindbody”), a third party provider under contract with 3Minute Fitness and our franchisees. All data hosted by Mindbody is made available to 3Minute Fitness and the franchise owner of your home studio (if applicable). If you complete a workout at a studio different from your home studio, then your data will be available to the owners of both studios. If a franchisee sells or otherwise transfers its franchise, we will transfer member information controlled by the outgoing franchisee to the successor franchisee.
Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
Service Providers. We disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf. In particular, the workout sign-up portal is hosted by Mindbody; as noted above, when you register for a workout, your information is available to the owner of that particular location and 3Minute Fitness.
We also disclose information in the following circumstances:
Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we will share certain of your personal information with lenders, auditors, and third party advisors, including attorneys and consultants.
In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
Aggregate and De-Identified Information. We may share aggregate, de-identified, or anonymized information about users and members with third parties for marketing, advertising, research, or similar purposes.
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and App, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and App.
Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web or mobile application pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site and App to, among other things, track the activities of Site visitors and App users, help us manage content, and compile statistics about usage of our Site and Apps. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Do Not Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third-Party Ad Networks section.
Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members. If you are in the EU, you may opt-out of certain third party cookies that we and other websites may use for targeted advertising through the European Interactive Digital Advertising Alliance (EDAA) Your Online Choices Page or www.aboutads.info.
Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.
5. THIRD-PARTY LINKS
Our Site and Apps may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.
6. SECURITY OF YOUR PERSONAL INFORMATION
We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.
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.
7. ACCESS TO YOUR PERSONAL INFORMATION
You may modify personal information that you have submitted by logging into your account and updating your profile information. You may also update your information by visiting your 3Minute Fitness studio. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site or App for a period of time.
If you are a resident of the European Union, please see the Additional Information for EU Individuals section below for additional information on accessing your information and other legal rights available to you under European Union law.
8. WHAT CHOICES DO I HAVE REGARDING PROMOTIONAL EMAILS?
In accordance with applicable law, we will send periodic promotional emails to you. You may opt-out of promotional communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails about recommendations or other information we think may interest you, we may still send you emails about your account or any services you have requested or received from us.
Our franchisees also send their own marketing emails in accordance with applicable law. If you no longer wish to receive marketing emails from our franchisees, you will need to separately opt-out of the respective franchisee’s marketing emails. We do not control, and are not responsible for, the promotional emails sent by our franchisees.
9. CHILDREN UNDER 13
Our Site, Apps, and services are not designed for children under the age of 13. If we discover that a child under the age of 13 has provided us with personal information, we will delete such information from our systems.
10. CONTACT US
If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact info@3minfitness or by contacting your local studio.
11. CHANGES TO THIS POLICY
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site and App. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site and App.