Privacy Policy

Information We Collect and How We Use It

We may collect the following types of Information through our Services:

(1) "Personal Data" such as your name, email address and phone number, account or mailing address, and other information that can be used to directly identify and contact you.

(2) "Device Information" which is information relating to the computer or device you are using when you access our Services, such as your computer's IP address, your mobile device identifiers (including Apple IDFA or an Android Advertising ID), the type of browser and operating system you are using, the identity of your internet service provider, and your device and browser settings.

(3) "Usage Data" which is data related to your use of the Services such as the pages you visit, your actions within the Services, the type of content or advertisements you have accessed, date and time stamps, log files, and diagnostic, crash, website, and performance logs and reports.

You may browse the Website without submitting any Personal Data. However, we will need to collect relevant Personal Data to provide you with certain services, including if you choose to create an account, contact us, subscribe to communications, opt in to SMS messages, sign up for a trial or membership, participate in a promotion, or otherwise interact with the Services.

We use the Personal Data we collect to respond to your requests, communicate with you regarding the Services, send you promotional or marketing communications, guard against fraud, and provide you with the applicable services and features. When you submit Personal Data through the Services, you are giving your consent to its collection, use, and disclosure as set forth in this Privacy Policy.

Whether or not you submit Personal Data, any time you visit our Services, we or our service providers may collect certain Device Information and Usage Data. This may be used in furtherance of the purposes described above and in aggregate form for internal business purposes such as optimizing the Services, generating statistics, and developing marketing plans.

We may provide functionality that allows you to connect to our Services through a third-party social network such as Facebook or Instagram. If you connect through a Social Network, we may collect Personal Data from your profile such as your name, username, and email address. Our Services may also offer social sharing features, so you should check the privacy policy of each Social Network before using such features.

SMS / Text Message Communications

GTA Fitness & Performance may send you text messages (SMS and MMS) to the mobile phone number you provide. These messages may include:

• Trial confirmation and reminders
• Class schedule reminders and updates
• Program announcements and gym news
• Follow-up communications related to your membership or trial
• Promotional communications about GTA programs, events, and offers

We will not sell, share, or rent your mobile phone number to third parties for their marketing purposes. Your mobile information is used solely to communicate with you on behalf of GTA Fitness & Performance and will not be shared with any third party or affiliate for their own marketing purposes.

Sharing of Information

In no event will we disclose, rent, sell or share any of your Personal Data to third parties for direct marketing purposes. We only share your Information with third parties for the purposes described below.

We contract with companies or individuals to provide certain services related to the functionality and features of the Services, including email and hosting services, software development, data management, payment processing, customer service, marketing, fraud prevention, and administration of promotions (our "Service Providers"). We may share your Information with Service Providers as appropriate for them to perform their services for us, and Service Providers are permitted to use your Information only for such purposes.

We may also share or transfer Device Information and Usage Data in aggregated, anonymized form with or to our affiliates, licensees, partners and Service Providers for administrative, analytical, research, optimization, and security purposes. No such Information will be linked with your Personal Data or be used to identify or contact you.

Finally, we may share your Information: (i) in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law; (ii) when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities, or to protect and defend the rights, property, or safety of our company, our users, or others; or (iii) in connection with a corporate transaction, such as a merger, consolidation, or asset sale.

Automated Data Collection / Cookies

We may use certain automatic analytics and tracking technologies to assist us in performing a variety of functions, including storing your Information, collecting Device Information and Usage Data, and understanding your use of the Services. We may use platforms like Google Analytics to provide aggregated or anonymized information relating to demographics, geography, interests or affinities. Other technologies we may use include:

(1) Cookies. Cookies are text files placed in your computer's browser to store your preferences. We use cookies or other tracking technologies to understand site and Internet usage and to improve or customize the Services. Most web browsers automatically accept cookies, but you can usually configure your browser to prevent this. However, not accepting cookies may make certain features of the Services unavailable to you.

(2) Web Beacons. We may also use "web beacons" or clear GIFs, or similar technologies, which are small pieces of code placed on a web page or in an email, to monitor behavior and collect data about visitors. Web beacons may also be used to provide information on the effectiveness of our email campaigns (e.g., open rates, clicks, forwards, etc.).

(3) Mobile Device Identifiers and SDKs. We also sometimes use, or partner with publishers or app developer platforms that use, mobile Software Development Kits ("SDKs") incorporated into the Services to collect Information such as mobile identifiers (e.g., IDFAs and Android Advertising IDs), geolocation information, and other information about your device or use of the Services.

By visiting the Services, you acknowledge and agree that you are giving us your consent to track your activities through the technologies described above, as well as similar technologies developed in the future, and that we may use such tracking technologies in the emails we send to you. No such tracking technologies will collect any Personal Data from you unless you choose to submit it to us.

Personal Data Retention

We retain the Personal Data we receive as described in this Privacy Policy for as long as you use the Services or as necessary to fulfill the purpose(s) for which it was collected, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

Privacy and Security

We take reasonable precautions to protect our customers' Personal Data against loss, misuse, unauthorized disclosure, alteration, and destruction. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Data, we cannot ensure or warrant the security of any Information you transmit to us or from us, and you do so at your own risk.

If you believe your Personal Data is being improperly used by us or any third party, please immediately notify us via email at info@gtafitness.com.

Use of Automated Decision Making and Profiling

Except to the extent personal data is used by third-party ad networks for online behavioral advertising, neither we, nor service providers on our behalf, engage in profiling or automated decision-making activities that produce legal and/or similarly significant effects upon you.

Children

Our Services are intended solely for customers who can form legally binding contracts under applicable law and are of legal age of majority in their place of residence. By using the Services, you represent and warrant that you are of legal age of majority where you reside.

If you are under 13, please do not send any Personal Data about yourself to us. In the event that we learn that we have collected Personal Data from a child under age 13, we will delete that information as quickly as possible. If you are a parent or guardian of a child under 13 and you believe your child has provided us with Personal Data, please contact us at info@gtafitness.com.

Links to Third-Party Platforms

Our Services or communications may contain links to third-party websites over which we exercise no control, including embedded content, sponsored content, or co-branded content. Except as set forth in this Policy, we do not share your Personal Data with those third parties and are not responsible for the privacy policies of any third party or their management of your Personal Data. We suggest you read the privacy policies on those third-party websites prior to submitting any Personal Data to such sites.

Your Rights

We may use the Personal Data we collect from you to send you newsletters or other communications, including those promotional or marketing in nature. You may opt out of receiving communications from us by sending an email to info@gtafitness.com with the subject line "Opt Out."

You may withdraw permission to communicate with you by text message at any time by texting STOP to any message from us. For more information or assistance, contact us at info@gtafitness.com.

You can opt out of the collection and use of certain information we collect about you by automated means by changing the settings in the device you use to access the Services. The online advertising industry also provides websites from which you may opt out of receiving targeted ads:

• http://optout.networkadvertising.org
• http://www.youronlinechoices.eu
• https://youradchoices.ca/choices
• http://optout.aboutads.info

We use analytics systems and providers and participate in ad networks that process Personal Data about your online activities over time and across third-party websites or online services. We process or comply with any web browser's "do not track" signal or similar mechanisms. You may also find information about how to opt out of online behavioral advertising in the "Disallowing Cookies" section above.

Your California Privacy Rights

California residents have certain rights under the California Consumer Privacy Act (CCPA) and other applicable California law, including the right to know what personal information is collected, the right to delete personal information, the right to opt out of the sale of personal information, and the right to non-discrimination for exercising these rights.

We do not sell your Personal Data. To exercise your California privacy rights, please contact us at info@gtafitness.com.

Your Nevada Privacy Rights

Nevada law permits our users who are Nevada consumers to request that their Personal Data not be sold (as defined under applicable Nevada law), even if their personal data is not currently being sold. Requests may be sent to info@gtafitness.com.

Your Virginia, Colorado, Connecticut, and Utah Rights

If you are located in Virginia, Colorado, Connecticut, or Utah, you have certain rights regarding your Personal Data under the VCDPA, CPA, PDPOM, and/or UCPA. These rights include:

• Right to Access and Portability. You have the right to access your Personal Data and/or receive a copy of the Personal Data we have collected about you.
• Right to Correct. You have the right to correct inaccurate Personal Data we have collected about you.
• Right to Delete. You have the right to delete the Personal Data we have obtained about you, with certain exceptions.
• Right to Opt-out of Targeted Advertising. You have the right to opt-out of certain tracking activities for targeted advertising purposes.
• Right to Opt-out of Profiling. You can opt-out of profiling as defined by applicable law.
• Right to Non-discrimination. You have the right to be free from discrimination as prohibited by applicable law.

These rights are not absolute and we may decline your request as permitted by law. To exercise these rights, contact us at info@gtafitness.com.

International Data Transfers

If you are located outside the United States, we transfer Personal Data for processing in the United States. By using the Services outside the United States, you acknowledge that we will transfer your data to, and store your Personal Data in, the United States, which may have different data protection rules than in your country. For transfers of data into and out of the EEA, Switzerland, and the UK, pursuant to Article 46 of the GDPR, we use standard contractual clauses adopted by the European Commission or applicable regulator.

Under the GDPR, you may have the following rights with respect to your Personal Data:

• Right to Access and Portability. You have the right to access your Personal Data and/or receive a copy in a portable format.
• Right to Object to Processing. You have the right to object to the continued processing or use of your Personal Data.
• Right to Correct. Right to update and correct inaccuracies in your Personal Data.
• Right to Erasure. Right to have the Personal Data blocked, anonymized or deleted as appropriate.
• Right to Complain. You have the right to complain to a supervisory authority. If you are in the EU, find your supervisory authority here. If you are in the UK, find it here.

To exercise these rights, contact us at the address below. We may ask you to provide additional information for identity verification purposes. We reserve the right to retain an archive of such Personal Data for a commercially reasonable time and to retain an anonymous version of such Information.

Changes to This Privacy Policy

We reserve the right to change this Policy at any time. In the event we make changes to this Policy, such policy will be re-posted with the date such modifications were made indicated at the top of the page. Please review this Policy from time to time so that you are aware when any changes are made. Your continued use of the Services after any change constitutes your acceptance of such change(s). If you have questions about changes that were implemented, please contact us at info@gtafitness.com.

Contact Us

If you have questions or comments about this Policy, please contact us: