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PRIVACY & DATA PROTECTION POLICY

Last Updated: November 20, 2022

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V-FITZONE INC DBA CARTEVFITZONE, a New York corporation, and its affiliates (the “Club”), respects your concerns about privacy. This Privacy & Data Protection Policy (the “Policy”) describes the privacy practices of the Club, including the types of personal information we obtain, how we use this personal information, with whom we share it and the choices available regarding our use of the information. This Policy also describes the measures we take to safeguard the personal information and how you can contact us about our privacy policies. This Policy applies to the personal information we obtain when you interact with the Club, including but not limited to when they visit and use our Premises at 3065 Brighton 2nd St, Basement, Brooklyn NY 11235 ( within 271 Brighton Beach Avenue, Brooklyn, NY 11235 ), use www.cartevfitzone.com and any other websites, mobile apps or online services or platforms of the Club on which this Policy is included or linked to (collectively, the “Sites”) or otherwise connect with us.

By accessing and using the Sites, you agree that you have read and understand this Policy and that you accept and consent to the practices that are described in this Privacy Policy. 

IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO USE THE SITES.

INFORMATION WE COLLECT:

The types of personal information we collect include: 

  • Identifiers such as your real name, alias/preferred name, postal address, unique personal identifier (e.g., device identifiers, cookies, beacons, pixel tags, mobile ad identifiers and similar technologies; member ID number, unique pseudonyms, and other forms of persistent or probabilistic identifiers), online identifier, internet protocol (IP) address, email address, telephone number, login credentials (e.g., username and password), signature, driver’s license or state ID card number, passport number, other government-issued identification information, and other similar identifiers and contact information. 

  • Commercial information such as records of the products and services purchased, obtained or considered, purchasing or consuming histories or tendencies and other transaction-related information. 

  • Payment and financial information, such as your credit/debit card number, expiration date and security code, bank account number, and billing address. Your credit/debit card number is collected and stored by third-party payment processors on our behalf. We may store only the last four digits of your payment card. 

  • Characteristics of protected classifications under applicable laws, age, sex, race, national origin, religion, gender, gender identity, gender expression, marital and family status, medical condition, disability, citizenship status, and military and veteran status, as well as other demographic information such as your date of birth. 

  • Information and data regarding your fitness, health, nutrition, activities, biological characteristics, and training goals, programs and progress. 

  • Membership and usage information if you are a Club Member, such as the times you check in, workouts you log, classes you book, and information provided when you purchase or schedule training sessions. 

  • Sensory information such as audio, electronic, visual and similar information, including photographs and CCTV video footage. 

  • Online and other electronic network activity, such as browsing history, search history, and information regarding your interaction with the Sites and other websites, applications or advertisements. 

  • Social media handles, content and other information that you post to our social media pages or tag us on your social media pages, and information we obtain from third-party social media services (e.g., Facebook) if you choose to link to, or create or log in to your online account through, these services. 

  • Other Information you provide to us, including through emails and other communications, surveys, information or content transmitted or uploaded through your account (such as posts to message boards), and interactions with the Club and its personnel, or information when you enter any sweepstakes, contests or promotions we may offer. 

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INFORMATION WE OBTAIN BY AUTOMATED MEANS

When you interact with our Sites, or when you connect to our Wi-Fi network at the Club, we obtain certain information by automated means, such as cookies, web server logs, web beacons, and other technologies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. We use these automated technologies to collect information about your equipment, devices, internet connection, browsing actions, and usage patterns. The information we obtain in this manner may include your IP address, identifiers associated with your devices, types of devices connected to our services, web browser characteristics, browsing history, device characteristics, language preferences, referring/exit pages, clickstream data, and dates and times of visits to our Sites. We may also obtain information about how you interact with the Sites, such as features and pages you visit, search queries, and download errors. These technologies help us (1) remember your information so you will not have to re-enter it; (2) track and understand how you use and interact with our products and services; (3) tailor the products and services around your preferences; (4) measure the usability of our products and services and the effectiveness of our communications; and (5) otherwise manage and enhance our products and services. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Sites. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device. Information about our cookie practices and how to change your cookie settings is available in our “Cookies Policy” below. To the extent required by applicable law, we will obtain your consent before using cookies or similar tools. Certain web browsers allow you to instruct your browser to send Do Not Track (“DNT”) signals to websites you visit, informing those sites that you do not want your online activities to be tracked. At this time, our Sites are not designed to respond to DNT signals or similar mechanisms from browsers. For information about Do Not Track, please visit: www.allaboutdnt.org

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HOW WE USE YOUR INFORMATION

We use the personal information we obtain about you to perform our contract with you or to take steps at your request prior to entering into a contract with you, including to: 

  • Provide our services, products and customer support services to you. 

  • Provide a seamless and integrated experience. 

  • Establish, manage and administer your membership and account with us, including verifying customer information and carrying out billing functions. 

  • Process and fulfill your purchases in connection with our membership opportunities, products and services (e.g., training sessions, retail purchases and spa treatments), and keeping you informed about the status of your membership and purchases. 

  • Establish and manage our relationships with our vendors, providers, suppliers and consultants. 

We also use the information we obtain based on our legitimate interests and business purposes, including to: 

  • Respond to your requests and inquiries. 

  • Personalize and improve your experience on the Sites and at the Club. 

  • Communicate with you about our products and services and send you promotional communications.

  • Enable our affiliates and independent contractors to provide you with products and services, and send you information that you requested or that we think may interest you about their products or services.

  • Operate, evaluate, develop, manage and improve our business, including by operating, administering, analyzing and improving our Sites, products and services; conducting research and developing new products and services; managing and evaluating the effectiveness of our communications; performing accounting, auditing, billing, reconciliation and collection activities and other internal functions. 

  • Protect against, identify and prevent safety and security issues, fraud and other criminal activity, claims and other liabilities; and 

  • Conduct investigations and comply with and enforce applicable legal requirements, relevant industry standards, and our policies and terms, and for the establishment, exercise or defense of legal claims, whether in court proceedings or in administrative or out-of-court procedures. 

We use your personal information for these purposes because we have a legitimate business interest in providing services to our members, guests and other interested individuals that is not overridden by your interests, rights and freedoms to protect personal information about you. Where we need to collect personal information by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (e.g., to process your payment). In this case, we may not be able to provide you with the product or service you have requested but we will endeavor to notify you if this is the case. We also may use the information we collect about you in other ways for which we will provide specific notice at the time of collection and obtain your consent if required by applicable law.

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THIRD-PARTY ANALYTICS SERVICES

We use third-party web analytics services on our Sites, such as Google Analytics. The service providers that administer these services use automated technologies to collect data (such as IP addresses) to evaluate use of the Sites. To learn how to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.

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INTEREST-BASED ADVERTISING

When you visit our Sites, we may collect information about your online activities for use in providing you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. You may see certain ads on other websites because we engage third-party ad buying networks (such as Google Ads and Facebook). Through such ad networks, we can target our messaging to users through demographic, interest-based and contextual means. These networks track your online activities over time and across multiple websites by collecting information through automated means, including through the use of third-party cookies, web server logs, pixels and web beacons. The networks use this information to show you ads that may be tailored to your individual interests. To learn how to opt out of ad network interest-based advertising in the U.S., please visit http://www.aboutads.info/choices and http://www.networkadvertising.org/choices.

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INFORMATION SHARING

We share your personal information with our vendors and other advisors such as law firms and auditors, who perform services or functions on our behalf, such as vendors who assist the Club in maintaining the Sites, sending postal mail and email, managing and updating member lists and records, analyzing data, and facilitating customer service. In accordance with applicable law, we have entered into appropriate written agreements with our vendors and we do not authorize our vendors to retain, use or disclose the information for any purpose other than the specific purpose of performing services on our behalf or complying with legal requirements. However, in certain instances vendors may use aggregated, de-identified information for their reasonable business purposes such as improving their products or services or for statistical reporting. 

In accordance with applicable law, we may disclose information about you: 

  • If we are required to do so by law or legal process (such as a court order or subpoena). 

  • In response to requests by government agencies, such as law enforcement authorities. 

  • To establish or defend our legal rights or to enforce our membership agreement, terms and conditions and other contracts with you. 

  • When we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss.

  • In connection with an investigation of suspected or actual illegal activity or violation of our membership rules and policies.

We may otherwise disclose information where we have obtained your consent to do so. We also reserve the right to assign or transfer any information we have about you in the event of any merger, acquisition, sale of assets, sale of our business, joint venture, reorganization, divestiture, dissolution, liquidation or other corporate transaction, involving us or any of our parent companies or affiliates. Social Media and Third Party Apps: We may share information with social networks when you interact with the Sites (e.g., clicking a Facebook “like” button) or connect your social media accounts to a Site. If you elect to connect Third Party Apps to the Sites, your information may also be shared with these third parties. Please see below for more information on this, as we do not control these third parties or their privacy practices.

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YOUR CHOICES

Where required by applicable law, we will obtain your consent to send you marketing communications. If you do not wish to receive any marketing emails, you can opt out of future mailings by clicking on the unsubscribe link located on the bottom of the relevant email. If you are a member and have an account on the Sites, you can unsubscribe at any time by logging in and adjusting your communications preferences. If you are a member, please note that even if you opt out of receiving promotional emails, you will continue to receive administrative and operational communications regarding your membership, such as notices regarding billing, session reminders or Club closures.

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TEXT MESSAGES

In certain instances, the Sites may allow you to elect to communicate the Club by using text message, including in connection with scheduling a visit to the Club. By electing to receive text messages, you are expressly consenting to receiving text messages made using an automatic telephone dialing system from the Club or its service providers, and you also understand and agree that data rates and charges may apply and that you are solely responsible for all associated costs assessed by your telecommunication carrier or provider. Providing this consent is not a condition of becoming a member of the Club or receiving any goods or services from Club. You may opt out from receiving text message at any time by either replying STOP or END to a text you have from the Club. Please note that you may receive a confirmation text acknowledging you have unsubscribed. Please allow five (5) business days to process your request.

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THIRD-PARTY SITES AND CONNECTED ACCOUNTS

For your convenience, the Sites may contain links to other online services or otherwise enable you to connect with third party sites, features, plug-Ins, tools, widgets, social media platforms or apps such as Facebook, Instagram, Twitter, YouTube and Apple (collectively “Third-Party Sites”) or they may enable you to connect or link to your Club account. Third-Party Sites operate independently from us, and the privacy practices of the relevant third parties, including details on the information they may collect about you, are subject to the privacy policies of those third-parties. You acknowledge and agree that your interactions with those Third-Party Sites and Connected Accounts, and your rights and obligations when accessing and using Third-Party Sites and Connected Accounts, are not governed by this Policy and will instead be governed by the terms and policies of those Third-Party Sites, and we encourage you to carefully read those terms and policies, as they may differ from ours. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR THE NATURE AND CONTENTS OF ANY FOR THE PRACTICES OF, OR THE COLLECTION, USE OR SHARING OF YOUR PERSONAL INFORMATION BY, ANY THIRD-PARTY SITES OR CONNECTED ACCOUNTS.

HOW WE PROTECT PERSONAL INFORMATION

We have put in place certain commercially reasonable security measures designed to safeguard Collected Information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, regardless of the format in which the information is held. These measures include physical measures, organizational measures and technological measures that are reasonable given the sensitivity of the information, the purposes for which it is to be used, the quantity and distribution of the information and the medium on which it is stored.  Unfortunately, the storage and communication of Collected Information can never be completely secure. Hence, we are unable to guarantee that information that you transmit or otherwise supply to us, or any communications conducted on or through the Sites, is or will be totally secure. If you become aware of any breach of Site security or this Policy, please notify us immediately.

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 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.

 

UPDATES TO OUR PRIVACY POLICY

We may periodically update this Policy, in our discretion, to reflect change in our privacy practices, the Sites and applicable law. We will post a notice on the Sites to notify you of significant changes to our Policy and indicate at the top of this Policy when it was most recently updated. You should check this page from time to time to ensure you are happy with our current Policy.

 

CONTACT US

If you have questions regarding this Policy, please contact us at management@cartevfitzone.com. Your feedback is always welcome and appreciated.

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