Privacy notice

This Privacy Notice describes how Anytime Fitness Franchisor® LLC, including its officers, directors, employees, affiliates, volunteers, agents and authorized representatives including independent contractors (collectively, “Anytime”, “we,” “us,” or “our”) collects, uses, shares, and protects personal information. This Privacy Notice also tells you about your rights and choices with respect to your personal information, and how you can reach us to get answers to your questions.

Territories

This Privacy Notice covers our activities 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 Anytime Fitness locations. The locations of our servers may change from time-to-time. Further, our franchisees 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 Notice. You may locate the Country-Specific Privacy Notices on the respective websites for each country by clicking on the links below:

You can jump to particular topics by going to the headings below:

Information We Collect

We collect information about you in a variety of ways depending on how you interact with us and our websites, mobile applications, products, and services, including:

  • Directly from you when you provide it to us, such as when you register for an account, sign up to receive communications from us, make a purchase, or contact us by phone, email, or otherwise.
  • Automatically through the use of cookies, web beacons, server logs, and other similar technologies when you interact with our websites, mobile applications, advertisements, and emails.
  • From other sources, including, for example, our affiliates, business partners, service providers, online social media networks, and other third parties, or from publicly available sources. For example, if you submit a job application or an application for a franchise, we may conduct a background check.

The following provides examples of the type of information that we collect in a variety of contexts and how we use that information.

Please note, some of the information described above is mandatory for the performance of certain services, and if not provided, you may not be able to utilize or participate in some of our online services or features.

How We Use Information

In addition to the purposes and uses described above, we use information in the following ways:

  • To identify you when you visit our websites or any of our locations.
  • To provide products and services or to process returns or refunds.
  • To process payments (using a third-party payment processing vendor).
  • To create and manage your account and/or membership
  • To improve our websites, mobile applications, services, and product offerings.
  • To conduct analytics and research.
  • To communicate with you, such as to respond to and/or follow-up on your requests, inquiries, issues, or feedback.
  • To send you electronic communications you have requested, such as text messages, push notifications, notifications through our mobile application or through your mobile device.
  • To send marketing and promotional materials including information relating to our products, services, sales, or promotions, or those of our business partners. For the avoidance of doubt, we do not send any marketing and/or promotional materials to users based on their Google Fit™ and/or Apple Health™ data, nor do we process Google Fit™ or Apple Health™ user information for any reason other than to improve the functionality of the application.
  • To develop and display content and advertising tailored to your interests and preferences.
  • To detect and protect against malicious, deceptive, fraudulent, or illegal activity, including violation of our policies and terms and conditions, security incidents, and harm to the rights, property, or safety of our company and our users, employees, or others.
  • To debug, identify and repair errors that impair existing intended functionality of our website and services.
  • To comply with our legal or regulatory obligations, to establish or exercise our rights, and to defend against a legal claim.
  • For internal administrative purposes, as well as to manage our relationships.
  • For such other purposes as you may consent (from time to time).

Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. For example, if you complete an online purchase, we may collect your information to perform our contract with you, but we also collect your information as we have a legitimate interest in maintaining your information after your transaction is complete so that we can quickly and easily respond to any questions about your order. As a result, our collection and processing of your information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business.

To the extent we maintain and use personal information in a deidentified form, we will not attempt to reidentify the information, except for the purpose of determining whether our deidentification processes satisfy our legal obligations.

How We Share Information

In addition to the specific situations discussed elsewhere in this Privacy Notice, we may disclose personal information in the following situations:

  • Affiliates and Acquisitions. We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business, or our assets, we will also share information with that company, including at the negotiation stage. Anytime may share email information but not phone or text information with its affiliates, franchisees and/or their authorized designees.
  • Franchisees and Business Partners. We may share information with our franchisees, or other business partners with whom we collaborate or work with to provide specific services to you.
  • Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws or regulations. We may also disclose your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies.
  • Partner Promotion. We may offer contests, sweepstakes, or other promotions with third-party partners. If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third-party partner, the information that you provide will be shared with us and with them. Their use of your information is not governed by this Privacy Notice.
  • Service Providers. We may share your information with service providers. Among other things service providers may help us to maintain our website and/or mobile applications, conduct analytics, administer surveys, provide technical support, process payments, assist with customer services, and manage direct marketing programs on our behalf.
  • Other Disclosures with Your Consent. We may disclose your information to other third parties when we have your consent or direction to do so.

Your Choices

Some jurisdictions give you a right to make the following choices regarding your personal information:

  • Access To Your Personal Information. You may request access to your personal information or confirmation that we have information about you. In certain limited circumstances, you may also request to receive access to your data in a portable, machine-readable format.
  • Changes To Your Personal Information. You may ask us to correct information that is inaccurate or incomplete. Note that we may keep historical information in our backup files as permitted by law. We rely on you to update and correct your personal information. You may edit or deactivate your account information or account at any time by signing into your account on the website or mobile application and navigating through your settings. If our website or mobile application does not permit you to update or correct certain information, you can contact us at the address described below in order to request that your information by modified.
  • Deletion Of Your Personal Information. You may request that we delete your personal information. If required by law, we will grant a request to delete information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another business purposes.
  • Opt-out of Sharing for Targeted Advertising. You may opt-out of online tracking based targeted advertising (e.g., cookies) by clicking the Cookie Settings link here. Please note that if you change browsers or computers, or if you clear your browser’s cache, you may need to click the link again to apply your preference. You may also opt-out of other forms of targeted advertising (such as using your information for lookalike audiences) by submitting a request via the “Do Not Sell or Share My Information” button in our online portal.
  • Objection to or Restriction of Certain Processing. In certain limited circumstances, you may object to or restrict our processing of your personal information.
  • Revocation Of Consent. Where we process your personal information based upon consent, you may revoke consent. Please note, if you revoke your consent for the processing of personal information then we may no longer be able to provide you services.
  • Online Tracking. We do not currently recognize the “Do Not Track” signal.
  • Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive. If you decide not to receive promotional emails, we may still send you service-related communications.
  • Promotional Mailings. If at any time you do not want to receive offers and/or circulars from us you can remove yourself from our mailing lists by emailing us (our contact information is below) with “NO SNAIL MAIL” in the subject line along with your name, address, and zip code. Please note that our mailings are prepared in advance of their being sent. Although we will remove your name from our mailing list after receiving your request, you may still receive mailings from us that had been initiated prior to your name being removed.
  • Promotional Text Messages. If you receive a text message from us that contains promotional information you can opt-out of receiving future text messages by replying “STOP.”

Please note, not all of the rights described above are absolute, and they do not apply in all circumstances. In some cases, we may limit or deny your request because the law permits or requires us to do so, or if we are unable to adequately verify your identity. We will not discriminate against individuals who exercise their privacy rights under applicable law.

Submitting Requests

You may exercise the rights described above through our online portal or by contacting us as indicated in the “Contact Information” section below. If you are a California resident, you may also call our toll-free number at 1-888-501-6535. If we refuse to honor a request, you may appeal our refusal by contacting us with the subject line “Appeal.”

Note that, as required by law, we will require you to prove your identity. We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name, email address, telephone number and club location. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files.

Authorized Agents

In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. If you are an authorized agent submitting a request on behalf of an individual, you must attach a copy of a completed Authorized Agent Designation Form indicating that you have permission to act on another person’s behalf.

How We Protect and Retain Information

No method of transmission over the internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

Some of our websites and mobile applications permit you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.

We retain your personal information for only as long as necessary to fulfil the purposes outlined in this Privacy Notice, including for the purposes of satisfying any legal, accounting, or reporting requirements, unless a longer retention period is required or permitted by law. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we obtained the information and whether we can achieve those purposes through other means, as well as applicable legal requirements.

Transmission Of Information To Other Countries; And Data Privacy Framework

As a multi-national company, we transmit information between and among our affiliates. As a result, your information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. Nonetheless, where possible we take steps to treat personal information using the same privacy principles that apply pursuant to the law of the country in which we first received your information. By submitting your personal information to us you agree to the transfer, storage, and processing of your information in a country other than your country of residence including, but not necessarily limited to, the United States.

We comply with the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and the UK Extension to the EU-U.S. DPF as set forth by the U.S. Department of Commerce. We have certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. If there is any conflict between the terms in this Privacy Notice and the EU-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, we commit to resolve DPF Principles-related complaints about our collection and use of your personal data. EU and UK individuals with inquiries or complaints regarding our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF should first contact us at:

Anytime Fitness Franchisor LLC

Attention: Privacy Department

111 Weir Drive

Woodbury, Minnesota 55125 U.S.A

privacy@anytimefitness.com

In compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF, we commit to cooperate and comply respectively with the advice of the panel established by the EU data protection authorities (DPAs) and the UK Information Commissioner’s Office (ICO) and the Gibraltar Regulatory Authority (GRA) with regard to unresolved complaints concerning our handling of personal data received in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF.

Further, you have the possibility, under certain conditions, to invoke binding arbitration for complaints regarding DPF compliance not resolved by any of the other DPF mechanisms outlined above. Please refer to Annex I for additional information: https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2.

The Federal Trade Commission has jurisdiction over our compliance with the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF.

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.

If applicable, where we transfer personal data to a third party acting as an agent, we remain liable under the Principles if our agent processes such personal data in a manner inconsistent with the Principles, unless we are able prove that we are not responsible for the event giving rise to the damage.

Additionally, we rely on Standard Contractual Clauses established by the European Commission for the cross-border transfer of personal information from the European Union to the United States.  We also rely on the International Data Transfer Agreement established by the United Kingdom’s Information Commissioner’s Office, for the cross-border transfer of personal information from the United Kingdom to the United States.  If you would like further information related to our use of Standard Contractual Clauses or International Data Transfer Agreement/s, please feel free to contact us using the information within the Contact Information section below.

Third-Party Applications/Websites

For your convenience, we may provide links to websites and other third-party content or services that we do not own or operate. The websites and third-party content to which we link may have separate privacy notices or policies. Please note, we have no control over the privacy practices websites, or services that we do not own. We encourage you to review the privacy policies of any third-party website or application for details about such third party’s privacy practices.

Changes To This Privacy Notice

Our Privacy Notice includes an “effective” and “last updated” date. The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current version was last substantively modified.

Children

Our websites and online services are not intended for children under the age of 13 and we do not knowingly collect personal information from children under age 16, without parental consent. Children under the age of 13 should not provide their personal information to us.

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.

Anytime Fitness Franchisor LLC

Attention: Privacy Department

111 Weir Drive

Woodbury, Minnesota 55125
privacy@anytimefitness.com

If you are not satisfied with our response, and are in the European Union or United Kingdom, you may have a right to lodge a complaint with your local supervisory authority.

Additional Information For California Residents

California law requires us to disclose the following additional information related to our privacy practices. If you are a California resident, the following privacy disclosures apply to you in addition to the rest of the Privacy Notice.

California Shine the Light

If you would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing, please submit a written request to us using the information in the Contact Information section above.

California Notice of Financial Incentive

We offer programs that provides certain perks, such as rewards, discounts, and exclusive offers (the “Loyalty Programs”). When you sign up for a Loyalty Program, we may ask you to provide your name, email address, and in some cases your telephone number. Under California law, our Loyalty Programs might be interpreted as “financial incentive” programs as they involve the collection of personal information. We do not assign a monetary value to the information we collect. Based on our reasonable estimate, the value of your personal information to us is related to the value of the expense related to the offer. This value is based on the expense related to offering those free or discounted products or services. You may withdraw from participating in a Loyalty Program at any time by contacting us at the address described in the Loyalty Program terms and conditions. Visit the applicable loyalty program terms to view full program rules, including how to join.

Notice of Collection

The table below describes the categories of personal information we collect, disclose for a business purpose, and “share” for purposes of cross-context behavioral advertising (as those terms are defined by California law). Please note, in addition to the recipients identified below, we may disclose any of the categories of personal information we collect with government entities, as may be needed to comply with law or prevent illegal activity. We do not “sell” your personal information for money. As discussed elsewhere in the Privacy Notice, we use cookies and similar tracking technologies for purposes of targeted advertising. For more information, please refer to the Cookie Settings. For details regarding how we use personal information, please see the Information We Collect section of the Privacy Notice. For information regarding how long we retain personal information, please refer to the How We Protect and Retain Information section of the Privacy Notice.

Categories of Personal Information

California Sensitive Information Disclosure

We collect the following categories of sensitive personal information (as defined under California law): Social security, driver’s license, state identification card, or passport number; precise geolocation; and personal information concerning a consumer’s health. This information is collected in order to locate the nearest business, provide tailored services, evaluate job applicants or franchise applicants, manage our business, or otherwise provide you with services. Note that we do not use such information for any purposes that are not identified within the California Privacy Rights Act Section 1798.121. We do not “sell” or “share” sensitive personal information for purposes of cross-context behavioral advertising.

Additional Information for Washington Residents

Consumer Health Data Privacy Notice

Because we offer services to consumers in Washington, we are required to disclose the following additional information related to our data handling practices. If you are a Washington resident, the following privacy disclosures apply to you in addition to the rest of the Privacy Notice. For purposes of this notice, ‘consumer health data’ includes personal information that is linked or reasonably linkable to you and that identifies your past, present, or future physical or mental health status. This also includes any information that we process to associate or identify you with consumer health data.

The following chart describes (a) the categories of consumer health data collected; (b) the categories of recipients of such data, (c) the purpose for which the data is collected, including how the data will be used, and (d) the categories of sources from which the data is collected:

Categories of Consumer Health Data

How You May Exercise your Privacy Rights

Consumers in the state of Washington have the following rights:

  • To confirm whether an entity is collecting, sharing, or selling consumer health data and to access such data (along with a list of all third parties and affiliates with whom the entity has shared or sold the consumer health data and an active email address or other online mechanism for contacting these third parties)
  • To withdraw consent, and
  • To request deletion of consumer health data, including information shared or processed by affiliates, processors, contractors, or other third parties ,as well as archived or back-up systems

We have 45 days to respond to your request for access or to withdraw consent, and 30 days to respond to an authenticated deletion request. Note that we will require you to prove your identity. We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name, email address, telephone number and club location.

You may exercise the rights described above through our online portal. or by contacting us as indicated directly below. If we refuse to honor a request, you may appeal our refusal by contacting us with the subject line “Appeal.”

Anytime Fitness Franchisor LLC
Attention: Privacy Department
111 Weir Drive
Woodbury, Minnesota 55125

privacy@anytimefitness.com

Effective Date: March 31, 2024

Last Update: March 31, 2024