Privacy Policy
BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THIS ONLINE PRIVACY POLICY. BY USING THE COMPANY'S HEALTH AND FITNESS CLUBS, YOU AGREE TO BE BOUND BY THIS IN-CLUB PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS ONLINE PRIVACY POLICY, DO NOT USE THE WEBSITE OR SUBMIT PERSONAL INFORMATION TO US IN ANY MANNER.
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Hella Strength LLC and its subsidiaries and affiliates, and their respective stockholders, directors, officers, employees, agents, successors, and assigns (collectively, "we," "us," "our," or the "Company") is very sensitive to the privacy concerns of the visitors to its sites on the Internet. This Online Privacy Policy (this "Privacy Policy") outlines the types of Personal Information that you may provide to us on any website controlled by the Company that links to this Privacy Policy (such websites, including any mobile app/sites maintained by the Company, are referred to, individually and collectively, as the "Website") and explains how the Company handles such Personal Information. This Privacy Policy does not apply to Personal Information collected from you offline, to websites that do not link to this Privacy Policy, or to third-party websites to which the Website may link. Your use of the Website is subject to this Privacy Policy and the applicable Website terms and conditions (capitalized terms set forth but not otherwise defined herein have the meanings ascribed thereto in the Website terms and conditions).
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Under the California Consumer Privacy Act (the "CCPA"), you have the right to know the categories of Personal Information collected by the Company and the purposes for which such Personal Information is used (which are disclosed in this Privacy Policy and our In-Club Privacy Policy), to access or ask for a copy of your Personal Information and to request deletion of your Personal Information, which you may do by emailing membership@hella-strength.com. You may also opt-out of "sales" of Personal Information by the Company via emailing membership@hella-strength.com. You also have the right not to be discriminated against because you exercised any of your rights under the CCPA. We also provide you with the opportunity to correct your Personal Information if it is incorrect. We will respond to all reasonable requests in a timely manner and in accordance with applicable law. As permitted by applicable law, we may require verification of your identity for security of your Personal Information (such as by requesting certain information that cross-references with information we have internally).
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Please note that, in connection with the COVID-19 pandemic, the Company may screen members and guests for risk factors related to COVID-19 (including, for example, by measuring such persons' temperatures and/or by asking members and guests if they have certain symptoms, if they have been in close contact with anyone who has exhibited such symptoms, if they have recently been in contact with anyone who has tested positive for COVID-19, or if they have recently traveled to certain parts of the world). In such cases, the Company is not collecting or retaining any such information; rather, the Company is simply screening individuals without keeping any records of such screenings. However, if the Company learns, or is otherwise informed, of a member or guest with a suspected or confirmed case of COVID-19, the Company may collect and/or use certain Personal Information of such member or guest (including identifiers such as first and last name, home or other physical address, telephone number and email address, and commercial information such as when the person visited a club) for contact tracing purposes. The Company also reserves the right to refuse entry to any person who presents a high risk of exposing members, guest, or employees to COVID-19 or who fails to comply with any of the Company's COVID-19 related policies and procedures or with any applicable state or local COVID-19 related rules.
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Definition of "Personal Information"
"Personal Information" means information that can be linked to a visitor, identifies any visitor, or could reasonably be used to identify such visitor that is, in each case, submitted to or collected by the Website and maintained by the Company in an accessible form, and it includes information actively submitted by you and passively collected information, as well as information submitted by other members and guests via referrals or in connection with the purchase of a multi-person membership, as described below.
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Collection of Personal Information Online
Identifiers such as e-mail addresses and other Personal Information of visitors, such as a first and last name, home or other physical address, or telephone number, are known to the Company only when voluntarily submitted, for example, via registration for sweepstakes or contests, content submissions, suggestions or participation in online interactive activities, or in connection with making online purchases of the Company's services, or via referrals from other members or guests, or in connection with purchases of a multi-person membership that include you as a member. For example, you may submit your name, postal address, e-mail address, signature, or other information in order to receive information about various subjects, register for programs, contact customer service, respond to surveys, or enroll yourself or a family member as a health club member. Similarly, financial information of visitors, such as credit or debit card numbers, is known to the Company only when voluntarily submitted in connection with purchasing goods or services available through the Company's Website, in which case certain commercial information, such as products or services purchased or considered, is also known. Such identifiers, financial information, and commercial information is collected for the purpose of facilitating such sweepstakes, contests, sales, etc. and for transacting a sale and supporting a consumer's use of any purchased products or services (for example, health club membership and access). Such information may also be used to evaluate and improve our customers' experience, analyze trends, administer our facilities, review of the number of visitors to our clubs, and track members' and guests' use of our facilities.
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Certain Internet or other electronic network activity information of visitors is recorded by the standard operation of Internet servers of the Company or by the Company's advertising and analytics technology services, such as Google Analytics and Facebook Pixel. Like many other websites, the Company also makes use of log files. In relation to the above, information tracked includes the visitor's type of operating system (e.g., iOS, Android, Windows), the type of browser (e.g., Internet Explorer, Chrome, Firefox, Safari), geographic location, internet protocol (IP) addresses, bounce rates, page views, actions taken on pages, referring/exit pages, user agent string, and other device metadata.
As referenced above, the Website uses advertising and analytics technology services, such as Google Analytics and Facebook Pixel, which operate via cookies and pixel tags (or similar technologies) to track visitor preferences and provide personalization features. Collectively, this information is primarily used to provide an enhanced online experience for the visitor and to analyze trends, measure site traffic, administer the site, track user's movement around the site, and gather demographic information, and retarget users (or similar users, also known as "look-a-like" audiences) to our website via advertisements on third-party digital properties. Given the CCPA's broad definition of "sale," except as otherwise discussed below, we consider disclosures of such information to our adtech and analytics partners as "sales" that users can opt-out of via our Do Not Sell My Personal Information link. In certain cases, we have contractually limited our partners, such as (i) agencies that help us with our campaigns and use of these advertising/analytics technology services or (ii) adtech or analytics partners that only process Personal Information on our behalf, so that any disclosures to these partners are not considered "sales."
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If you access our Website through a mobile device, we may collect the geolocation data such as the physical location of your device by, for example, using satellite, cell phone tower, or Wi-Fi signals. We may use your device's physical location to provide you with location-based services and content and to learn when you have checked into one of our clubs. You may be able to allow or deny such uses of your device's location by changing your device's location settings, but if you choose to deny such uses, we may not be able to provide you with location-based services and content.
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Collection of Personal Information in Clubs
Identifiers such as first and last name, home or other physical address, telephone number, email address, and signature are known to the Company only when voluntarily submitted, for example when enrolling as a member, checking-in as a guest, or purchasing other services from the Company, or via referrals from other members or guests or in connection with the purchase of a multi-person membership that includes you as a member. Likewise, if you become a member, you may be asked for your photograph, if you visit as a guest, you may be asked for identifiers like a driver's license number and, if you choose to participate in a fitness assessment, a free class or the like, you may be asked to provide identifiers relating to your fitness level, such as your age, height, and weight. Similarly, financial information, such as credit or debit card numbers, is known to the Company only when voluntarily submitted in connection with purchasing goods or services available at a club. Certain commercial information, such as products or services purchased, considered, or used, is also collected by the Company. Such identifiers, financial information, and commercial information is collected for the purposes of transacting a sale and supporting a consumer's use of our facilities, products, and services (for example, health club membership and access). Such information may also be used to evaluate and improve our customers' experience, analyze trends, administer our facilities, review of the number of visitors to our clubs, and track members' and guests' use of our facilities.
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Use of Personal Information
In addition to any other uses set forth herein, Personal Information may be used: (1) to help the Company better understand visitors' use of the Website; (2) to respond to specific requests from visitors; (3) to provide notices to visitors, such as marketing information, discount coupons, and new product offerings; and (4) to protect the security or integrity of the Website. In addition, certain Personal Information may be submitted through online forms on the Website necessary to provide services offered by the Website. After you have entered Personal Information into a form or data field on the Website, the Company may use certain identifying technologies to allow the Website to "remember" your personal preferences, such as sections of the Website that you use frequently. The Company may also use Personal Information for other business purposes, such as to offer you the opportunity to receive notices regarding the Company's products or services, to invite you to participate in surveys about our products, or to notify you about special promotions, and for purposes of data analysis, audits, fraud monitoring and prevention, developing new products and services, enhancing, improving or modifying our services, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities.
Consolidation of Personal Information
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The Company may consolidate and anonymize the Personal Information of individuals who use the Website. The Company may use such information to help us better design the Website and our products, to communicate information to you, to enhance our marketing and research activities, to facilitate other business functions and for the other purposes set forth in this Privacy Policy.
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Limitations on Collection of Personal Information
You may always limit the amount and type of actively transmitted Personal Information that the Company receives about you by choosing not to enter any Personal Information into forms or data fields on the Website. However, some services can only be provided to you if you provide appropriate Personal Information; for example, certain financial and other information is required to purchase a membership. Other parts of the Website may ask whether you wish to opt out or opt in to contact lists for offers, promotions and additional services that may be of interest to you.
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You may also be provided with preference questions or preference boxes allowing you to indicate that you do not want the Website to use tracking technologies, such as cookies, to "remember" your Personal Information, such as user IDs or mailing addresses, on return visits. However, if the Website uses tracking technologies to collect unidentifiable information, it will not generally provide you with the ability to opt out of the tracking technologies. Some internet browsers allow you to limit or disable the use of tracking technologies that collect passively-transmitted information. More detailed information about cookie management or other passive transmissions by specific web browsers can be found at the browser's respective websites.
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Transmission of Personal Information to Third Parties
Unless otherwise disclosed, Personal Information will not be transferred or otherwise disclosed to anyone other than authorized recipients, such as service providers or vendors that are reasonably needed to provide our various services and features (e.g., hosting vendors, customer support, CRM providers). However, the Company reserves the right to disclose Personal Information to respond to authorized information requests from government authorities, to address national security situations, or when otherwise required by law, in the Company's sole discretion.
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To the extent that any of the sites accessible through the Website have different practices, those different practices will be applicable at those sites. The Company is not responsible for the practices, policies, or content applicable to third-party sites. Inclusion of a link to another site does not imply endorsement by the Company.
As discussed above, to provide you with a more relevant and interesting experience, we may participate in behavioral-based advertising via our advertising technology partners. This means that the Company or a third party may place a cookie on your browser, or use a pixel, to collect information about your use of our Website so that the Company or a third party can provide advertising about products and services tailored to your interest (including, without limitation, products and services offered by the Company and its affiliates). These third-party advertising partners use technology to display the advertisements and links that appear on the Website sent directly to your browser. They automatically receive your IP address and other information (such as that described above) when this occurs. Similar technologies may also be used by the third-party advertising partners to measure the effectiveness of their advertisements and/or to personalize the advertising content that you see. The Company has no access to the cookies that are used by third-party advertising partners. You should consult the respective privacy policies of these third-party advertising partners (e.g., Facebook, Google) for more detailed information on their practices as well as for instructions about how to opt-out of certain practices. This Privacy Policy does not apply to, and the Company cannot control the activities of, such other advertisers or websites.
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Some of these third-party companies may be participants in the Digital Advertising Alliance ("DAA"). The DAA offers a choice mechanism with respect to certain types of data collection and use. We adhere to the DAA's Self-Regulatory Principles for Online Behavioral Advertising. Visit www.aboutads.info to exercise choice with respect to participants of the DAA. If you would like to opt-out from having the behavioral-based advertising companies with whom we have a relationship use your Personal Information for advertising purposes, you can do so by visiting the Network Advertising Initiative or Digital Advertising Alliance. If you change computers, devices, or browsers, use multiple computers, devices, or browsers, or delete your cookies, you may need to repeat this process for each computer, device, or browser.
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Additionally, if the Company sells one or more of its product lines, divisions, or assets, Personal Information may be transferred to the buyer so that the buyer can continue to provide you with information and services. Similarly, if the Company purchases a product line or division or other assets from a third party, Personal Information may be transferred from the seller to us so that we may continue to provide you with information and services.
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Personal Information may also be shared by the Company with its affiliates and its and their respective franchisees, and with vendors that help access and manage the information (all of the foregoing collectively, "authorized recipients"), but in all instances the information will be used only for the purposes enunciated in this policy.
Finally, if you are accessing the Website via a third-party site or otherwise in connection with obtaining discounted access to services offered by the Company or in connection with a third-party program offering rewards, reimbursements, benefits, or other incentives based on your use of the Company's services (including a right to access to our clubs that is available through an employer, health insurer or other group, a "Third-Party Offer"), the Company may share your Personal Information (including identifiers such as a unique personal identifier and commercial information such as your use of such services or the number of times you visit a club each month) with the applicable third party in accordance with the terms of such Third-Party Offer but solely for the business purpose of facilitating the provision of such discounts, rewards, reimbursements, benefits or other incentives to you under Third-Party Offer. You may always request that we stop sharing such information. However, in that case, you may not be eligible to access our facilities or obtain any such rewards, reimbursements, benefits, or other incentives.
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Use of Cookies
When you view the Website, the Company may temporarily store some information on your computer. This information will be stored in the form of a "cookie" and contain information about visitors' preferences, record user-specific information on which pages a visitor accesses or visits, and customize web page content based on visitors' browser types or other information that a visitor sends via their browser or other means. Passive information collection technologies such as cookies can make your use of the Website easier by allowing the Company to provide better service, customize sites based on consumer preferences, compile statistics, analyze trends, and otherwise administer and improve the Website. Certain features of the Website may not work without use of passive information collection technologies. These techniques help the Company and the Website functions in many ways, but with strict restrictions on their use. First, Company cookies expire 30 days after the end of the applicable browser session so that the site cannot track your activities over an extended period of time, and so that no permanent storage is used by these cookies. Second, Company cookies are only used in order to provide convenience to you (for example, to reduce repetitive typing) and to allow the Company to tailor the site to better match your interests and preferences. They are not used to profile your activities or to gather unauthorized Personal Information (for more information on use of third-party advertising and analytics partners, see above). For purposes of this Privacy Policy, a "browser session" will be deemed to have ended when your Internet browser is closed.
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With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before cookies are stored. Please refer to your browser instructions or help screen to learn more about these functions.
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Security of Personal Information
The Company makes an effort to ensure that Personal Information is protected while you are on the Website. However, the confidentiality of Personal Information transmitted over the Internet cannot be guaranteed. We urge you to exercise caution when transmitting Personal Information over the internet, especially Personal Information related to your health. The Company cannot guarantee that unauthorized third parties will not gain access to Personal Information; therefore, when submitting Personal Information to the Website, you must weigh both the benefits and the risks. Please also note that any emails you send us are not encrypted, and we strongly advise you not to communicate any confidential information in your emails to us. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us. We seek to use industry standard physical, technical, contractual and administrative security measures designed to protect your Personal Information. However, no safeguards are 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us.
Links to Other Websites
The Website may contain links to websites operated by others. Each of those maintains its own policies about the collection, use, and security of Personal Information. The Company is not responsible for how others use your Personal Information. Before providing Personal Information to any other website, you should read its privacy policy and terms of use and ensure they are acceptable to you. Notwithstanding any content on the Website indicative of the contrary, the Company makes no endorsement of or representation about any such websites, or any information, software, or other products or materials found there, or any results that may be obtained from using them.
If you decide to access any website linked to in our Website, you do so entirely at your own risk. The Company does not guarantee that you will receive an alert when you leave the Website, and it is your responsibility to determine when you have left the Website. The Company recommends that you review any third-party website's privacy policies before submitting any information. The Company assumes no responsibility for and shall not be liable for the privacy, terms of use, or other policies of any third party website, any damage to, or viruses that may infect your computer equipment or other property, or for any loss or corruption of data resulting from any third-party website navigated to or accessed from links hosted on or contained in the Website.
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Personal Information Related to Children: A Note for Parents or Legal Guardians
Consistent with the Children's Online Privacy Protection Act, the Company is committed to protecting children's privacy on the Internet. The Company does not intend to, or knowingly, collect any Personal Information (including online contact information) of children under the age of 18 through its Website, and we encourage parents or guardians to supervise their children's online activities and to consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their names, addresses, and other personal information without your permission. If the Company becomes aware of a child under the age of 18 attempting to register on the Website, the Company will not accept the registration. Once the Company becomes aware of a child under the age of 18 providing Personal Information through the Website, it will attempt to delete that information. If your child has provided Personal Information through the Website, please contact us so it can be deleted. If you are under the age of 18, do not provide the Company with any Personal Information.
Acceptance of Privacy Terms and Conditions
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Your access to and use of the Website and Company facilities is subject to this Privacy Policy and all applicable laws. By accessing and browsing the Website, you accept, without limitation or qualification, this Privacy Policy. The Company reserves the right to at any time revise this Privacy Policy without prior notice to reflect technological advancements, legal and regulatory changes, and good business practices. If the Company changes its privacy practices, a new Privacy Policy will reflect those changes and the effective date of the revised Privacy Policy will be set forth in the new Privacy Policy. You are bound by any such revisions and should therefore periodically visit this page to review the then-current privacy terms and conditions to which you are bound.
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In addition your access to and use of the Company's facilities is subject to this Privacy Policy, the rules set forth in any membership or other services agreement that you sign with us, any rules that are posted in our clubs, and all applicable laws. By accessing and using our facilities, you accept, without limitation or qualification, this Privacy Policy. The Company reserves the right to at any time revise this Privacy Policy without prior notice to reflect technological advancements, legal and regulatory changes, and good business practices. If the Company changes its privacy practices, a new Privacy Policy will reflect those changes and the effective date of the revised Privacy Policy will be set forth in the new Privacy Policy. You are bound by any such revisions and should therefore periodically review the then-current privacy terms and conditions to which you are bound.
If you have questions about the use, amendment, or deletion of Personal Information that you have provided to the Company, or if you would like to opt out of future communications from a Company business or a particular program, please contact us by clicking on the "Contact" link on this Website or by writing to us at:
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Attn: Hella Strength, LLC
824 Malone Road
San Jose, CA 95125
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In all communications to the Company, please include the e-mail address used for registration (if applicable), the website address or the specific program to which you provided Personal Information, and a detailed explanation of your request. If you would like to delete or amend your Personal Information and are contacting us by e-mail, please put "Deletion Request" or "Amendment Request", as applicable, in the subject line of the e-mail. We will do our best to respond to all reasonable requests in a timely manner, in accordance with applicable law.
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This Privacy Policy is effective as of January 1, 2021.