FitToday Enterprises LLC Privacy Policy
Last Updated: December 17, 2024

FitToday Enterprises LLC and its subsidiaries operating under the FitToday brand (collectively, “FitToday” , “we” , “us” , or “our”) respect your privacy and use your personal information in an effort to fulfill our commitment to offering and providing an unparalleled member experience.

This Privacy Policy explains who we are, how we and our Group Companies (defined below) collect, share, and use personal information about you, and how you can exercise your privacy rights.

This Privacy Policy applies to our website at FitToday.com and our mobile applications (collectively, the “Site”) and other services that we may provide from time to time. If you have any questions or concerns about our use of your personal information, please see the “Contact Information” section below.

You hereby acknowledge and understand that FitToday Enterprises LLC does not own or operate any venue. If you provide information to any venue, please be advised that the venue may have its own privacy policy and terms and conditions of use, and FitToday does not control their use of your e-mail address or other information. You understand that unsubscribing from FitToday’s marketing communications does not automatically remove you from the marketing lists of venues you have visited or provided your email address to, as authorized under this Policy. If you are a visitor to any venue, you must contact that venue directly to unsubscribe from its communications.

This is a commercial website intended for use by individuals that are at least 18 years old. If you are younger than 18 years old, you may not use this Site without the prior permission and supervision of your legal guardians. FitToday does not knowingly collect information from anyone under the age of 13. If you believe we may have collected such information without parental or guardian consent or other than in a manner authorized by law, please contact us via the contact information provided below and we will work to delete it. Residents in certain countries and US states, including California, should be sure to review any additional privacy notices set out in the “Special Terms” section below.

FitToday enables consumers (“FitToday Users”) to find and attend a wide range of fitness, services, or products offered and operated by fitness studios, gyms, trainers, venues or other third parties through our platform (“Partners”).

Information We Collect

We collect or receive personal information in several ways. Often, you choose what information to provide, we may require certain information in order for you to use, and for us to provide you with, the Site and the services you access through it.

There are a variety of different ways you may provide personal information to us, such as:

• Account Creation. To create a FitToday User account, you need to provide information such as your name, email address, address, phone number, sign-up city, and a password. If you make a purchase, you will need to provide payment and billing information. If you are a FitToday Partner we will ask for your name, address, phone number, email, credit card information, tax identification number, and information about your business, including the email addresses of authorized individuals on your account. We also process and store payment information, such as purchase history and billing information.
• Posting and Uploading. We collect personal information from you when you provide, post, or upload it to our Site, such as when you respond to a survey or provide a rating or review.
• Communications Data. We may send messages to you about our services and products and those of our Group Companies, or on behalf of, or initiated by, Partners or FitToday Users. For example, we may enable Partners to send text or in-app messages to FitToday Users via our Site about an upcoming event. FitToday receives data regarding such calls, texts, or other communications, including the date and time of the communication and its content.
• Third-Party Data. If you are a FitToday User, you should not provide information to us about someone else unless you have obtained all necessary and applicable permissions or consents of the other person for us to receive and use their information, such as for emergency contact or referral purposes.

Personal Information Collected Automatically Through Your Use of the Site.

• We log usage data whenever you interact with our Site, whether by viewing or clicking on content or ads, performing searches, browsing, or installing or updating our mobile apps. The data collected automatically includes details such as your internet protocol (IP) address, device type, unique device identifiers, browser type, broad geographic location (e.g., country or city level), language preferences, marketing preferences, and other technical information. Additionally, we track how your device interacts with our Site, noting pages visited and links clicked. We may also collect precise geolocation data pertaining to your mobile device if you have consented to providing this to us through your device settings. We may use this information to provide, promote, and improve our services (for example, by showing you venues that are close to your location) and for related reasons, such as fraud prevention and security purposes. Please note that if you do not consent to providing your geolocation data, certain features of the mobile application may not work.

Personal Information Collected from Other Sources.

• We may receive personal information about you from other sources, such as public databases, strategic and joint marketing partners, social media pages and platforms, people with whom you are friends or otherwise connected on social media platforms, our Group Companies, as well as from other third parties. For instance, if available, you can choose to synchronize your FitToday User account with a third-party network like Facebook. By doing so, we will receive certain information from your Facebook account. Exactly what information we receive will depend on your settings with the third-party network, but typically we receive your basic public profile information such as your username, email address, age range, gender, chosen language, country, friends list and any other public information.
  Personal Information About FitToday Users Collected from Partners.
  Our Partners may choose to submit feedback to us about FitToday Users’ use of their facilities or services.

How We Use Your Information

FitToday uses personal information it receives for several purposes:

• To operate and maintain our Site and the products and services offered through our Site. Establish, manage and administer your membership and account with us, including verifying customer information and carrying out billing functions. We reserve the right to use any contact information held on file (including email, mailing address, and telephone or mobile phone) to contact to you in relation to your membership administration.
  We will send you messages about the availability of our Site, security, customer service, or other service-related issues. We also send messages about the Site, updates, reminders, and promotional messages in accordance with your communications preferences. You may change your communication preferences at any time. Please be aware that you cannot opt-out of receiving service messages from us, including security and legal notices.
• Provide customer support services: In connection with customer service inquiries and matters, such as to investigate, respond to and resolve complaints and service issues.
• Respond to your requests and inquiries.
• Communicate with you about our products and services and send you promotional and other marketing communications. Send you marketing communications by email, SMS and telephone, to target digital marketing to you via third party websites and apps, and to offer contests, sweepstakes, or other promotions and to fulfill any related awards or discounts. You can exercise choices over the marketing we send to you as described in the “Your Data Protection Rights” section below and, for residents in certain countries and US states, including California, within our additional privacy notice set out in the “Special Terms” section below.
• Research and Development: For research, analytical, recordkeeping, and reporting purposes; to develop and test new products, features and ideas; to learn about our customer base and Site and to evolve and improve our Site, products, and services.
• Security, Investigations and Eligibility: To maintain the security of our Site, including to verify your identity, to investigate or prevent possible fraud or other violations of our Terms of Use or this Privacy Policy and/or in connection with possible attempts to harm FitToday Users, Site visitors, Partners or other third parties, and to confirm your eligibility for promotions we may run from time to time, such as free trials.
• Manage career opportunities, including for recruitment purposes, candidate screening, interviewing and evaluation, and employee onboarding.
• Business and Operational Support: To assess and implement mergers, acquisitions, reorganizations, bankruptcies, and other business transactions such as financing, and to administer our business, accounting, auditing, compliance, recordkeeping, and legal functions.
• Enable our affiliated companies and business partners 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.Other: For any other purpose identified at the point of collection or otherwise with your consent.

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. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible, then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Sharing of Information with Partners and other Third Parties

FitToday may share your personal information with FitToday Partners and other third parties. You acknowledge that FitToday may also provide links to other websites that are not affiliated with FitToday and that, if provided, FitToday does not have control over, nor does it assume any responsibility for, the use or handling of your personal information by any third parties. You acknowledge and agree that FitToday is not liable for the privacy practices or the lack thereof adopted by these third parties. . You are strongly advised to carefully review any and all third party privacy policies, procedures, terms and conditions before you provide any information to the third party.
We may disclose your personal information to the following categories of recipients or in the following circumstances:

• To services providers and partners who provide data processing and other services to us (for example, to support the delivery of, provide functionality on, or help to enhance the security of our Site, payment card processors, customer support vendors, hosting vendors, scheduling providers and market research and marketing vendors), or who otherwise process personal information for purposes that are described in this Privacy Policy or notified to you when we collect your personal information;
• 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.
• To our Group Companies so that they can provide, develop, improve, and analyze the Site and their own services and products, as well as for our Group Companies’ own internal and marketing purposes, including to send you marketing communications by email, SMS and telephone and for targeted digital marketing about their services and products;
• To any Partner that makes available use through our Site as a FitToday User and their third-party providers, so that they can process the applicable use or activity and make available services to you;
• To anyone who visits the public area of our Site, including via venue listings, public profiles, reviews, or ratings. As a FitToday User, you should be aware that any content or information you choose to disclose in public areas of our Site can be read, collected, and used by other users, the general public and other sites (including search engines);
• To any competent law enforcement body, regulatory, government agency, court, or other third party, including in response to court orders or legal process. We may disclose information when we believe it is necessary under applicable law or regulation, to exercise, establish, or defend our legal rights, or to protect the vital interests of you or another person;
• In connection with an actual or potential merger, sale, acquisition, investment, assignment, reorganization, joint venture, or transfer of all or part of FitToday’ business, assets, or affiliates or Group Companies, including if FitToday should ever file for bankruptcy or a related proceeding, provided that we inform the relevant third-party it must use your personal information only for the purposes disclosed in this Privacy Policy;
• To your program administrator (such as your employer or similar entity), if you participate in any enterprise solutions or the FitToday Corporate Program; and
• To any other person with your consent to the disclosure or otherwise in accordance with applicable law.

How we protect Personal Information

FitToday maintains administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We monitor our systems for possible vulnerabilities and attacks. However, we cannot guarantee 100% security of any information that you send us.

“‘Phishing’ is a scam aimed at stealing your personal information. If you receive an email that appears to be from us but requests your personal information and seems suspicious, please report it immediately using the contact information outlined in this Policy.

International Data Transfers

Your personal information may be transferred to, and processed in, countries other than the country in which you are resident, including outside of the EEA, the UK, Switzerland, Japan and Canada (including Quebec). These countries may have data protection laws that differ from the laws of your country (and, in some cases, may not be as protective).

Some countries recognize the data protection laws of other countries as providing an adequate level of data protection according to local standards.

However, where this is not the case, we take appropriate safeguards in accordance with applicable laws to require that your personal information will remain protected in accordance with this Privacy Policy. These include implementing standard contractual clauses (such as the EU Standard Contractual Clauses and the UK International Data Transfer Addendum) which require Group Companies and service providers to protect personal information that they process which originates from the EEA, the UK, or other jurisdictions with comparable laws (as applicable) in accordance with local data protection laws.

Transfer of Information to the US Involving International Visitors

If you are a visitor accessing or using the Site from any location outside of the United States of America, by using the Site, you hereby agree that any and all data you submit to the Site, or that otherwise comes available to FitToday through your use of the Site, shall be deemed immediately transferred to the Unites States of America for use by FitToday for any and/or all purposes set forth in this policy, as it may be amended.

Your Right to Access/Correct Your Personal Information

Under applicable law, you may have a right to challenge the accuracy and completeness of your personal information and to have it corrected. You may also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. If you make any such request and it is denied, you will be notified in writing as to the reason for the denial. You acknowledge and understand that, if you are a visitor of a FitToday Partner, you must contact that venue directly to request access to and/or to amend or correct your personal information.

You may have the following data protection rights:

• You have the right to opt-out of receiving direct marketing communications we send you at any time. To opt-out of receiving email marketing, you should click on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of receiving SMS messages from us, you can reply STOP to any SMS messages. To opt-out of other forms of marketing (such as postal marketing, telemarketing or targeted digital marketing) please contact us as explained in the “Contact Information” section below.
• You may correct or amend your personal information by editing your profile on the Site or contacting us as explained in the “Contact Information” section below.
• You may delete your personal information by contacting us as explained in the “Contact Information” section below.
• You may object to processing of your personal information, ask us to restrict processing of your personal information, access the personal information we hold about you, or request portability of your personal information by contacting us as explained in the “Contact Information” section below.
• If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent (where applicable). You can withdraw your consent by contacting us as explained in the “Contact Information” section below.

Because we plan our communications in advance, it may take several weeks for your request to become effective. If you continue to receive any communications from us after expressing an opt-out preference, please let us know so we can investigate the situation. Please be aware that if you do not allow us to collect and use your personal information, we may not be able to deliver certain products, services, promotions or offerings to you.

Third-Party Services and Sites

We utilize third-party web analytics services, such as Google Analytics, on our Sites. These providers use automated tools to gather data, including IP addresses, to analyze and evaluate site usage.

Please be aware that FitToday does not control these linked websites or third-party services and that this Privacy Policy does not apply to any information you give to the owner of these websites or services. We encourage you to read the privacy policy of any third-party website or service that you visit before you provide them with any information.

Privacy Policy updates and modifications

FitToday reserves the right to update or modify this Policy at any time by posting the revised version on FitToday.com. You agree that any material changes will be considered communicated once posted on the Site or sent to you via direct communication, such as email or other notification.
If you continue using our products and services after any notice of such changes, it means you have accepted them. Your continued use of this Site after any notice of such changes constitutes your agreement to this Privacy Policy and any updates. If you do not agree to any changes, you must stop using our products and services, as applicable. It is your obligation to ensure that you read, understand and agree to the latest version of the Privacy Policy. The “Last Updated” legend at the top of the Privacy Policy indicates when it was last updated.

Contact Information

If you have any questions, comments, or complaints concerning our privacy practices, or if you need to access this Privacy Notice in an alternative format due to having a disability, please contact us at the appropriate address below. We will attempt to respond to your requests and to provide you with additional privacy-related information.
Your feedback is always welcome and appreciated.
Please contact us as follows:

• If you are a FitToday User, your data is processed by FitToday Enterprises LLC, and you may contact us info@fittoday.com.
• If you are a FitToday Partner, your data is processed by FitToday Enterprises LLC, and you may contact us within the Partner Dashboard.

Alternatively, you may reach us at the following address:
ATTN: Legal Department – Privacy Policy Questions

FitToday Enterprises LLC
260 Madison Avenue 8floor
New York, NY 10016

Special Terms (US Residents)

If you are a resident of certain states with comprehensive privacy laws, including but not limited to California, Colorado, Connecticut, Delaware, Iowa, Indiana, Montana, New Jersey, Oregon, Texas, Tennessee, Utah or Virginia, state privacy laws require that we disclose additional information to you about the processing of your personal information and your privacy rights.

Depending on how you interact with us, in the previous 12 months we have collected the categories of personal information from the sources set out at “Information We Collect”. We collect this information for the purposes set out at “How We Use Your Information” and otherwise to accomplish our business and operational purposes (including for audits, helping to ensure the security and integrity of our systems, debugging, the effective operation of our Site and business, internal research and quality purposes), and we may disclose such categories to the third parties set out at “Sharing of Information with Partners and other Third Parties” in furtherance of those purposes.

For further information, please contact us as explained in the “Contact Information” section.
Certain states, such as California, provide residents a right to limit the use of their sensitive personal information. However, we do not engage in uses or disclosures of sensitive personal information that would trigger the right to limit under state law.
To the extent that we are in possession of de-identified data, we commit to maintaining and using de-identified data without attempting to re-identify the data.

We retain your personal information as described under the “Your Right to Access/Correct Your Personal Information” section above. Currently, our Site does not recognize “Do-Not-Track” requests.

If you are a resident of any of the states listed above, you may have the right under applicable local data protection laws to exercise the following rights regarding your personal information, subject to certain exceptions and limitations:

• for certain categories of personal information, the right to request a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the preceding calendar year and the names and addresses of those third parties;
• the right to know the categories and specific pieces of personal information we collect, use, disclose, and sell about you, the categories of sources from which we collected your personal information, our purposes for collecting or selling your personal information, the categories of your personal information that we have either sold or disclosed for a business purpose, and the categories of third parties with which we have shared personal information;
• the right to request that we delete the personal information we have collected from you or maintain about you;
• the right to correct inaccurate personal information that we maintain about you;
• the right to limit the use and disclosure of sensitive personal information; however, note that we do not use or disclose sensitive personal information in a manner that would trigger such right under applicable local data protection laws;
• the right to opt out of our sale(s) or sharing of your personal information, or use of your personal information for targeted advertising (if any);
• if we reject your request to exercise a privacy right, under certain local data protection laws you may have the right to appeal our rejection by contacting us as explained in the “Contact Information” section; and
• the right not to receive discriminatory treatment for the exercise of your privacy rights.

You may designate an authorized agent to make a request on your behalf. You can do this by authorizing your agent to access your FitToday account and making a request on your behalf by contacting us as explained in the “Contact Information” section. Before responding to your request, we must first verify your identity using the personal information you recently provided to us. You must provide us with your full name and email address. We will take steps to verify your request by matching the information provided by you with the information we have in our records. In some cases, we may request additional information in order to verify your identity, or where necessary to process your request. If we are unable to verify your identity after making a good faith effort, we may deny your request and will provide an explanation for the denial. We respond to all requests to exercise data protection rights in compliance with applicable data protection laws.