Privacy Policy

Last Updated: October 8, 2020

This privacy policy (“Privacy Policy”) outlines Self Esteem Brands^®, LLC’s (“Self Esteem Brands”, “we” or “us”) current policy on personal information concerning members, consumers, franchisees, and other users of the Site and covers the operations of our clubs or studios, franchise operations, business development, use of our web sites under www.sebrands.com, https://fightitwithfitness.org/, and other sites hosted by Self Esteem Brands (the “Sites”) and mobile software applications, as applicable (“Apps”).

Self Esteem Brands is the parent company of Anytime Fitness, LLC (“Anytime Fitness”), the owner of the “Anytime Fitness” system of health and fitness clubs, products and related services; Basecamp Fitness, LLC (“Basecamp Fitness”), the owner of the “Basecamp Fitness” system of fitness studios, products and related services; The Bar Method, LLC, the owner of “The Bar Method” system of fitness studios, products and related services; and Waxing the City Worldwide, LLC (“WTC), the owner of the “Waxing the City” system of body hair removal studios, products and related services.

Reference in this Privacy Policy to a Self Esteem Brands^®, LLC club, studio, or location means a club, studio, or location operated by one of our affiliates or by a franchisee of one of our affiliates.

By using Self Esteem Brands services, Sites, Apps, products, features, tools or resources, you agree to the terms of this Privacy Policy and our Terms of Use. You may refuse or withdraw your consent at any time; however, we may not then be able to provide you with our full range of products and services. You may not use the Sites, Apps, or our products or services if you do not agree to the Privacy Policy.

This Privacy Policy may change from time to time. Your continued use after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

In the following Privacy Policy, we provide you with information regarding:

Personal Information We Collect through the Site and Apps
How We Use and Share Your Personal Information
Our Use of Your “Cookie” Information on the Site and Apps
Our Relationship with other Websites
Access and Correction of your Personal Information
Security of Your Personal Information
Retention of your Personal Information
Changes to this Privacy Policy
How to Contact Us
Your California Privacy Rights

We encourage you to read this whenever you visit our fitness clubs, Sites or use our Apps, since we may change this policy from time to time.

Territories

This Privacy Policy covers activities conducted throughout the world. We may host the Sites or information within the Apps on servers located within these countries or in any other country we, our service providers, or our service providers’ vendors maintain facilities, including the United States. This means that your personal information may be stored on servers located within any country where there are Self Esteem Brands^®, LLC locations. The locations of our servers may change from time-to-time. Further, the franchisees of our affiliates may maintain individual websites in the country or territory they service.

Privacy requirements and treatment of personal information varies from country to country. To meet these requirements, we have included certain “Country-Specific Privacy Notices” as part of this Privacy Policy. To the extent applicable, you may locate the Country-Specific Privacy Notices on our Anytime Fitness, LLC Territories page.

Self Esteem Brands and its affiliates or subsidiaries, where applicable, may transfer your personal information outside of the European Union or European Economic Area to the United States, or to other countries where Self Esteem Brands carries out its activities. Such transfer will be based on the 2001/497/EC Commission Decision of 15 June 2001 on standard contractual clauses for the transfer of personal data to third countries (updated 2004 version) or based on the 2010/87/ Commission Decision of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries, as may be amended from time-to-time in accordance with applicable legislation.[1]

We will provide an individual with an opt-out choice, or opt-in as required under applicable law, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized.

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. However, before doing so, we will take all measures necessary to ensure that only the minimum amount of personal data is disclosed so as to ensure protection of individual’s rights.

Self Esteem Brands commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States. If you have an inquiry or complaint, please first contact Self Esteem Brands by email at privacy@sebrands.com or via post at:

Self Esteem Brands, LLC
Attention: Data Protection Officer
111 Weir Drive
Woodbury,
Minnesota 55125 U.S.A.

Consent

BY SUBMITTING YOUR PERSONAL INFORMATION TO US, YOU ARE CONSENTING TO THE PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES OR IN ANY OTHER COUNTRY IN THE WORLD AND TO OUR USE OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. IF YOU ARE SUBMITTING PERSONAL INFORMATION OF THIRD PARTIES TO US, YOU WARRANT AND REPRESENT YOU HAVE THEIR CONSENT TO PROVIDE THEIR PERSONAL INFORMATION TO US AND WILL HOLD US HARMLESS FROM AND AGAINST CLAIMS BY SUCH INDIVIDUALS RELATING TO OUR PROCESSING AND USE OF SUCH PERSONAL INFORMATION WITHIN THE TERMS OF THIS PRIVACY POLICY.

Personal Information We Collect through the Site and Apps

In general, you can browse the non-password protected portions of our Sites without telling us who you are or revealing any personal information about yourself, except for our collection of “cookies” as described in Section 3.

We may collect personal information from you on our Site and Apps or through any other digital or personal communication with you. Information collected by us is voluntarily provided by you and may be integrated with other information you have provided to our franchisees upon signing up for a membership at a Self Esteem Brands club or studio.

If you are a member or customer, you may choose to integrate information from your membership account with the Site and our Apps, but you will have the opportunity to opt-in to that integration of information across different platforms. Our Site and the Apps may also collect general information about your technology interface or preferences (such as the type of browser used or the files requested). Some of the information described below is mandatory for the performance of certain services, and if not entered, you may not be able to utilize or participate in some of our online services or features.

The information we may collect through your use of the Site may include, but is not limited to:

Information provided by you when you participate in a survey or communication to you regarding your use of the Site, or utilizing any of our affiliate’s services;
Information provided by you to participate in advertising contests or sweepstakes;
If you are a prospective franchisee, we may collect detailed information such as your first name, last name, email address, phone number, address, and general financial information such as liquidity and assets, to evaluate your qualifications for an affiliates franchise;
If we offer alternative sign ins, we may collect certain sign on information you have provided to third parties, such as Facebook or Twitter, when you sign on to use our Site or Apps through these third parties;
Computer data or files, often called “cookies,” which may be sent by your web browser and stored on an individual computer to allow our server to “recognize” you through the navigation of the Site and for us to credit your account for various online transactions;
Computer data files, often called “web beacons” that are collected from emails or links on third-party sites that allow our server to evaluate the popularity of those links or the information contained in emails or on third-party sites; and
Your IP address to measure our website traffic and to help provide a more personalized experience.

To fully utilize the products and services available from our affiliates through their respective Apps, you may choose to download separate applications. Please carefully review the privacy policies and terms and conditions associated with each affiliate prior to using the Apps..

Information obtained from your Social Media Accounts

You may choose to log into your account on the Site or through our Apps via certain social media networking services, such as Facebook and Twitter (“Social Media Accounts”). By integrating these Social Media Accounts into your account, we are able to offer you more personalized services, but may also collect certain personal information provided in your Social Media Accounts, such as your profile information, email address, profile picture and friend list. If you do not want us to have access to this information, do not utilize the Social Media Account sign-in feature.

Children Under the Age of 13

Our Site and Apps are not designed for children and we do not knowingly collect information from any person under the age of 13. If you are under the age of 13, please do not submit any personal information to us through the Site or any Apps. If we learn we have collected or received personal information from a child under 13, we will delete that information.

How We Use and Share Your Personal Information

We will use your personal information to provide the services we offer on the Siteincluding:

Contacting you regarding services you have engaged in or with;
Providing you with information regarding club or studio locations nearest to you or certain information regarding your club or studio;
Conducting marketing and research through surveys to you;
Providing you with information you have requested from us, our franchisees or trainers you have engaged with;
Developing and displaying content and advertising tailored to your interests and preferences;
Conducting contests and sweepstakes;
Sending you electronic communications you have requested, such as text messages, push notifications, notifications through our Apps or through your mobile device;
Providing you with updates and content based on your geo-location information you have provided to us; and
Contact you regarding updates to the Site, Apps, or provide administrative notices to you.

We may share your personal information with our subsidiaries, and affiliates to provide you with the integrated services offered through the Site and Apps. We may also share such information with our franchisees, or other business partners with whom we collaborate or work with to provide specific services to you or if we think the products or services they offer would be of interest to you. We may provide user information to third-party service providers or vendors for purposes of, including without limitation, initiating direct marketing programs on our behalf, data tracking, maintenance or development of our Site or Apps, development of online products and services, customer service or new product development, or other contracted promotional opportunities provided to our users. We, as well as our franchisees, vendors, or other business partners may use this information for marketing and solicitation purposes in accordance with applicable law.

Your club and studio visit data, and personal information may be made available to those locations’ franchisees, management and employees, or other contracted service providers whom you have engaged to provide services to you. Each of those parties is obligated to maintain the confidentiality of your personal information and is permitted to access and use your personal information solely for the purpose of providing or enhancing services you use through the systems of Self Esteem Brands affiliates or Apps. Additionally, you may choose to share personal information from the Site or Apps with personal trainers or other affiliates customers to assist you in evaluating your activities and goals.

While we try to be selective in working with third parties, we are not responsible for their use of your personal information. Where payments are involved, we must release your credit card information to credit card authorization service providers and associated banks to process your payment for purchases, returns or refunds. We may transfer to our online service providers personal information you provide to us so that these parties may store and process your personal information.‎

We may share aggregate information with vendors, potential advertisers, business partners, or other third parties. Aggregate information does not include personally identifiable information.

Except as described in this section, we will not give or sell your personal information to any other party for its use in marketing or solicitation.

Your Nevada Privacy Rights

Nevada law allows consumers to direct certain businesses not to sell their personally identifiable information to third parties to license or sell that information to additional third parties. If you are a Nevada resident, you may submit such opt-out requests to privacy@sebrands.com. To be effective, your request must include your full name, address, phone number, and email address. Self Esteem Brands will endeavor to respond to your verified request within 60 days of receiving the request. However, due to unforeseen circumstances, Self Esteem Brands may need to extend this period by up to 30 days. If an extension is reasonably necessary, Self Esteem Brands will notify you of this during the initial 60-day period.

Additional Disclosures

We may also disclose personal information in any of the following circumstances: (1) in response to a subpoena, search warrant, court order, or other legal process or request, or as may otherwise be required by applicable law or regulation; (2) to protect and defend our rights or property or those of its franchisees, suppliers, related entities, affiliates, business partners, or others; or (3) as we, in our sole discretion, believes is appropriate under exigent circumstances in response to a perceived threat to the personal safety, property, or rights of any other person or organization.

In addition, since member information on our Site and in our Apps is a business asset, in the event we are reorganized or sold to or merged with another company, we may sell, assign, or transfer your personal information to a purchaser of all or substantially all of our business assets, or to an affiliate, as applicable.

Our Use of Your “Cookie” Information on the Site and Apps

A “cookie” is a small data file stored on your web browser or on your mobile device that allows us to recognize your computer or mobile device when you visit the Site or Apps by associating identification numbers with other user information you have provided us. Some cookies will remain on the hard drive of your computer or mobile device for the duration of your browser or user session, while others will remain until deleted by you. You may also be able to configure your computer or mobile device to limit the collection of these “cookies,” but that limitation may also limit our ability to provide all the services or functionality of the Site or Apps. Some third-party service providers may use “flash cookies,” which are saved on your computer, but cannot be rejected, disabled, turned off, opted out of, or deleted in the same way as regular cookies. To learn how to manage your flash cookie settings, visit the Flash player settings page on Adobe’s website.

In collecting and maintaining cookie-based information or other information collected directly from your mobile device, such as your geolocation, we are able to:

Provide you with access to your user preferences, and sign-in on approved devices;
Provide the basic functionality of the Apps, such as displaying your live location and movement;
Installing and monitoring elements of the Apps for security purposes;
Help diagnose problems with the Sites or Apps, administer and improve the Sites or Apps, and measure the use of the Sites or Apps;
Identify your internet provider, page views and other information regarding utilization of the Site;
Gather other web analytics information related to your and other users’ use and navigation of the Sites and Apps;
Provide you with relevant content, including advertisements and other offers from third parties;
Aggregate cookie data across all users to track overall visitor traffic patterns and provide this aggregated information to vendors, potential advisors, business partners, new agencies, or other parties to identify interests or plan for technical infrastructure requirements;
Conduct advertising based on your use of the Site or Apps, as described below; and
Otherwise provide improvements and enhancements to the Site.

We may also use third-party vendors, such as Google Analytics, to advertise to our users online. These third-party vendors may display Self Esteem Brands and our affiliates advertisements on other websites based on your internet usage. More specifically, these vendors use first-party cookies (such as the Google Analytic cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to the Site or another site affiliated with Self Esteem Brands products or services. Any information that these third parties collect via cookies is not linked to any personally identifiable information we collect or you provide on the website. You can opt-out of Google Analytics for Display Advertising by using Google’s Ads Settings.

Our Relationship with the Websites

In addition to the integration with certain mobile applications as described in this Privacy Policy, the Site and Apps may contain links to other web sites or other mobile applications. Additionally, other web sites may contain links to the Sites. We do not review or monitor the web sites linked to the Sites and are not responsible for the contents or privacy policies related to any other web sites. If you visit one of these other web sites, you may want to review the privacy policy on that web site. Where the Sites contains a link to another web site owned and/or operated by us, such web site use may be subject to different and additional terms of service and privacy policy terms and conditions.

Access and Correction of your Personal Information

We strive to maintain the accuracy and integrity of the personal information we have about you, and to keep that information up-to-date. We encourage you to promptly update your personal information if it changes. You may edit or deactivate your account information or account at any time by signing into your account on the Site or the Apps and navigating through your settings.

Methods for Submitting Privacy Requests to Us

To submit a verifiable data privacy request to us, please complete the online Data Privacy Request form located here: www.sebrands.com/globaldataprivacyrequest. Once we receive your request, we must verify your identity before we can respond. You may be required to provide the following information for verification purposes and efficiency:

Your first and last name
Your e-mail address
Your telephone number
Your club location
Your key FOB number

Authorized Agents

An authorized agent is either a natural person or a business entity registered as applicable that a consumer has authorized to act on his or her behalf. You may use an authorized agent to submit a valid privacy request. Your agent will need to provide: either (1) a power of attorney; or (2) your written permission to allow the authorized agent to submit the request on your behalf and verification of your identity.

Unless otherwise stated in an addendum, all communications must be in the English language. We will respond to reasonable requests within the time limits established by applicable law or within a reasonable time if no time limit is established by applicable law. For your protection, we may ask you for additional information to verify your identity. In most cases, we will provide the information you request and correct or delete any inaccurate personal information you discover. We reserve the right, however, to limit or deny your request to the extent permitted by applicable law if: (1) the disclosure may be threat to the personal safety, property, or rights of any other person or organization; (2) the disclosure may lead to a violation of applicable laws or regulations; or (3) where you have failed to provide sufficient evidence to verify your identity.

Opting Out or Unsubscribing

You may opt out of certain collections of cookies or other web- or mobile device based enhancements, including geolocation data collection, by changing your browser settings or going into your preferences on your mobile device and restricting the transmission of certain information. Your limitation of the collection of this information, however, may disable our ability to provide you with the most relevant products or information regarding the Site and Apps. Currently, our servers do not respond to browser “do not track” signals. If you would like more information regarding online marketing practices and know your choices about not having this information used by our third party service providers, you may visit www.networkadvertising.org/choices.

To limit the integration of the Site and Apps with other related applications, such as MapMyFitness or FitBit, you may disable the application through your setting preferences on the Apps or delete the applicable application from your mobile device. Deletion of the application may not delete information previously obtained through the related application.

To unsubscribe from our emails or other communication from us or a third party, you may follow the “unsubscribe” link at the bottom of the email or sign onto your account and change your email settings. If applicable, and to unsubscribe from text messages or any other mobile messages, you may follow the instructions provided at the time of opt-in or contact us.

Security of Your Personal Information

We take reasonable precautions and have implemented managerial and technical procedures to try to protect the security of data and information, including personal information. However, we cannot guarantee against any loss, misuse, unauthorized disclosure, or alteration or destruction of data or personal information. You provide your personal information to us at your own risk. You acknowledge that: (1) there are security and privacy limitations in computer systems and on the Internet which are beyond our control; (2) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Sites, including personal information, cannot be guaranteed; and (3) any such information and data, including personal information, may be viewed or tampered with by a third party while such information or data is being used, transmitted, processed, or stored. We collect, maintain, utilize and disclose your information only as required by law and as described in this Privacy Policy.

Retention of Your Personal Information

We keep your personal information only as long as we need it for the purposes for which it was originally collected (or to which you have subsequently consented) or for other legitimate purposes (such as regulatory compliance), or as permitted by applicable law.

Changes to our Privacy Policy

We reserve the right to modify this Privacy Policy, completely or in part, from time to time through the posting of notices on the Sites, at any time and without notice to you, that this Privacy Policy has changed (“Notices”). You expressly waive any right to receive Notices. You should check the Sites frequently for Notices to identify modifications of the Privacy Policy that may be of interest to you. Any use of the Sites following the date on which we implement changes to this Privacy Policy or post a Notice constitutes your acceptance of all such changes.

For questions or comments related to this Privacy Policy, please email us at privacy@sebrands.com.

How to Contact Us

For further information or enquiries regarding your personal information (including to request access to or correction of your personal information or to make a privacy complaint), please contact our Data Protection Officer at:

Self Esteem Brands, LLC
Attention: Data Protection Officer
111 Weir Drive, Woodbury
Minnesota 55125 U.S.A.
privacy@sebrands.com

If you have a complaint about how we have collected or handled your personal information, please contact our Data Protection Officer at the mail address set forth above.

10. Your California Privacy Rights

If you are a California resident, please also visit our Privacy Notice for California Residents, which supplements this Privacy Policy at www.sebrands.com/ccpa/.

In addition, California Civil Code Section § 1798.83 permits users of our Site or Apps that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact our Data Protection Officer.

[1] Recognizing that while the Court of Justice of the European Union (“CJEU”) struck down the EU-U.S. Privacy Shield as a valid mechanism for transferring personal data from the EEA to the United States on July 16, 2020 and the Swiss Data Protection Authority announced in a position statement that it no longer considers the Swiss-U.S. Privacy Shield adequate for the purposes of transfers of personal data from Switzerland to the U.S. on September 8, 2020, Self Esteem Brands complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States. Self Esteem Brands has certified to the Department of Commerce that it adheres to the Privacy Shield Principles.