Last updated: August 22, 2023

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Gymspots Platform and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Gymspots Platform. By using the Gymspots Platform, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Platform or parts of our Platform.

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Gymspots Inc., 548 Market St. PMB 47905 San Francisco, California 94104 US

• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

• Country refers to: United States

• Device means any device that can access the Platform such as a computer, a cellphone or a digital tablet.

• Member: refers to a user of the Platform that has an Account.

• Platform refers to the Gymspots’ website, mobile application, or other services.

• Platform Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Platform, to provide the Platform on behalf of the Company, to perform services related to the Platform or to assist the Company in analyzing how the Platform is used.

• Website refers to Gymspots, accessible from https://gymspots.com

• You refers to the individual accessing or using the Platform, or the company, or other legal entity on behalf of which such individual is accessing or using the Platform, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Information Needed to Use the Platform

While using Our Platform, We collect personal information about You. Without it, we may not be able to provide all services requested. This information may include, but is not limited to:

• Account Information

  Such as your first name, last name, phone number, address, email address, date of birth, and profile photo.

• Identity Verification and Payment Information

  Such as images of your government-issued ID (as permitted by applicable laws), your ID number or other verification information, a selfie when we verify your ID as part of our verification process. Billing and payment account information. If you are not a Gymspots user, we may receive payment information relating to you, such as when a Gymspots user provides your payment card to complete a booking. If a copy of your ID is provided to us, we may scan, use, and store information contained in your ID to verify your identity and for security verification purposes.

Information You Choose to Give Us

You can choose to provide us with additional information. This information may include:

• Additional Profile Information

  Such as gender, address, additional photos, and a personal description.

• Listing Details Such as address, photos, and any other descriptions of the facility or services.

• Information About Others

  Such as a payment instrument belonging to another person or information about a fellow gym client. By providing us with personal information about others, you certify that you have permission to provide that information to Us.

• Posting and Uploading

  Such as when you respond to a survey, provide a rating or review, or upload content to the Platform.

• Communications Data

  Such as transactional messages, texts, or other communications within the Platform, including date and time, and content.

• Other Information

  This may include health information if you choose to share it with Us.

Information Automatically Collected by Using the Platform

When You use the Platform, we automatically collect personal and other information that may include:

• Geolocation Information

  Precise or approximate location determined from your IP address, mobile or other device’s GPS. We may use this information to provide requested features and services within our Platform and for related reasons, such as fraud prevention and security purposes. If you opt-out of providing your geolocation data, certain features of the Platform may not work.

• Usage Information

  Such as the pages or content you view, searches for listings, bookings you have made, and other actions on the Platform.

• Log Data and Device Information

  Details about how you’ve used the Platform, IP address, device information, unique identifiers, and crash data.

• Cookies and Similar Technologies

  As described below in our Cookie Policy.

• Payment Transaction Information

  Payment details, date and time, payment amount, billing postal code, and other related transaction details.

Personal Information Collected from Other Sources

We may receive personal information about you from other sources:

• Third-Party Data

  Information from public databases, marketing partners, social media platforms, friends or connections, and other third parties.

• Syncing with Third-Party Networks

  Information received from syncing your user Account with a third-party network, such as Facebook.

• Information from Partners

  Feedback from our Partners regarding your use of their facilities or services.

• Location Data

  Specific location information from your device if you have opted-in, or approximate location through other information such as IP address.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Platform and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Platform. The technologies We use may include:

• Cookies or Browser Cookies.

   

  A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Platform. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Platform may use Cookies.

• Web Beacons.

   

  Certain sections of our Platform and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

We use both Session and Persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies

  Type: Session Cookies

  Administered by: Us

  Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

• Cookies Policy / Notice Acceptance Cookies

  Type: Persistent Cookies

  Administered by: Us

  Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

• Functionality Cookies

  Type: Persistent Cookies

  Administered by: Us

  Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Platform

We may process this information to:

• Platform Operations

  Enable You to access and use the Platform, verify your Account information, communicate with other Members, and facilitate bookings, including processing payments, order confirmations, and tailoring content.

• Communication

  To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation. You may change your communication preferences at any time, but service messages, including security and legal notices, cannot be opted out of.

• Customer Support

  Investigate, respond to, and resolve complaints and service issues.

• Social Interaction

  Provide features allowing users to connect with and be found by other users.

• Marketing

  Develop marketing strategies, send marketing communications, offer contests, sweepstakes, or promotions, and fulfill related awards or discounts.

• Research and Development

  Conduct research, analytical, recordkeeping, reporting, develop and test new products and features, and improve the Platform, products, and services.

• Security and Investigations

  Maintain security, verify identity, investigate or prevent fraud, violations of Terms of Use, attempts to harm members or visitors, and other illegal activities.

• Personalization: Personalize and customize your experience, including targeted advertisements and offers.

To create a trusted and safe Platform

We may process this information to:

• Fraud and Abuse Prevention

  Detect and prevent fraud, spam, abuse, and other harmful activities, including scanning and analyzing communications for risk assessment and compliance.

• Legal Compliance

  Comply with legal obligations, protect well-being, enforce agreements, and assess interactions with the Platform.

• Dispute Resolution

  Resolve disputes with users, enforce agreements with third parties, and determine eligibility for bookings.

• Risk Management

  Conduct fraud prevention, security investigations, risk assessments, and maintain the Platform's protection from errors, misuse, and illegal activities.

To provide personalization and improve our marketing

We may process this information to:

• Marketing and Advertising

  Send promotional messages, marketing, advertising, tailor and target content, and measure and improve advertising effectiveness.

• Engagement

  Invite you to events, send messages of interest based on your preferences, and administer promotional activities.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Platform, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Sharing between Members

To facilitate bookings or interactions between Members (e.g., gym owners, clients, trainers), we may share information, including:

• Between Members and Listing Owners: Sharing details during booking requests, confirmations, disputes, coordination, enabling connections, visibility, and other interactions. Sharing information between Members and listing owners, while keeping certain information confidential until bookings are confirmed.

• Between Members: Sharing information when inviting additional members to bookings or classes.

• Through Third-Party Networks

  If you link your Account with third-party networks, you can see connections using the Platform and they can see you.

• Publicly Posted Content

  Information associated with your profile, listings, and public interactions may be visible to the general public, search engines, and other users.

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation

• Protect and defend the rights or property of the Company

• Prevent or investigate possible wrongdoing in connection with the Platform

• Protect the personal safety of Users of the Platform or the public

• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children's Privacy

Our Platform is not intended for or directed to persons under the age of 18, and We do not knowingly collect personally identifiable information from anyone under the age of 18. To provide information to us through registration or in any other manner on the Website, you must be 18 years of age or older. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 18 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent's consent before We collect and use that information.

Links to Other Websites

Our Platform may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Your Data Protection Rights

Our Platform is committed to respecting your data protection rights in accordance with applicable laws. The following outlines your rights, which you may exercise by contacting us as detailed below:

1. Correction and Deletion: You may amend, correct, or delete your personal information by contacting us.

2. Opt-Out of Marketing: You have the right to opt-out of receiving direct marketing communications from us. You can exercise this right by clicking the "unsubscribe" or "opt-out" link in our marketing emails. For other marketing forms, please contact us.

3. California Residents' Rights: If you reside in California (or other states where required by law), you have specific rights regarding your personal information:

   • Request a list of personal information disclosed to third parties for their direct marketing purposes in the preceding calendar year, along with the names and addresses of those third parties.

   • Know the categories and specific personal information we collect, use, disclose, and sell, along with the sources, purposes, and third parties involved.

   • Request deletion of the personal information collected or maintained by us.

   • Opt-out of any sale(s) of your personal information.

   • Exercise privacy rights without receiving discriminatory treatment.

   You may designate an authorized agent to make a request on your behalf by authorizing them to access your Account and contact us.

We respond to all individual requests to exercise data protection rights in compliance with relevant data protection laws.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Platform, prior to the change becoming effective and update the "Last updated" date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By visiting this page on our website: https://gymspots.com/contact

• Alternatively, you may reach us at the following address: Gymspots Inc., 548 Market St. PMB 47905 San Francisco, California 94104 US