Privacy Policy

Gymwearandaccessories values its customers, their information, their privacy and their trust.  This Policy explains how we collect, use and protect information collected through our website. Specifically, this Policy applies to our collection, use, processing, storage, and transfer of information associated with gymwearandaccessories.com. If there is something you do not understand about our privacy practices, please feel free to contact us.

Throughout this Policy, we refer to the term “Personal Information.” “Personal Information” is data which identifies, describes, is associated with, or could be linked to an individual, such as a name, birthdate, postal address, email address, telephone number, driver’s license, SSN or government-issued identification number, credit card number, or the like. 

Personal Information does not include anonymous or aggregated data that can no longer be used to identify a specific person, even if combined with other data.  Also, some of our customers are businesses, companies, institutions, or other entities rather than individuals.  We do not consider Business Information, such as title, employer’s name, work email, work phone number, work address, and other similar business information, to be Personal Information.

Information Collected Directly From You

When you interact with the Site by filling out an account registration form or shopping cart on our Site we will collect your first and last name, username, password, email address, home address, and phone number. We use this information to verify your identity and allow access to your account. When you file out a “Contact Us” form on the Site, we will collect your name, email, and your inquiry. We use this information to respond to your inquiry. We also use this information to provide you with information on our products and services that may be of interest to you. We keep this information for the duration of your relationship with us and for an additional one (1) year after your last contact with us.

We also may collect information about you from third parties. Third parties may provide contact information, such as your name and email address, for you when they choose to send you information from the Site or invite you to visit the Site. We collect and use that information to send you the requested information. We also may receive your name, address, email address, phone number from authorized Fitness Factory dealers. We use this information to complete orders placed with those dealers. We keep this information for one (1) year after your (or the third party who provided your information’s) last contact with us.

You may be able to post content to third-party Social Networking Sites (such as Facebook, Linked-In, Twitter, and Google+) on which we maintain a presence. If you choose to do this, we will provide information to the Social Networking Site(s), and receive information from them, in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the applicable terms of use and privacy policies. We are not responsible for the availability, accuracy, content, products or services of third-party Social Networking Sites.

While you are using the Site, you may be linked or directed to other third-party websites that are beyond our control.  These third-party websites may have privacy policies and terms of use which differ from ours.  Please carefully review these policies. We are not responsible for any actions or policies of such third parties.

We may also use all of the information collected by us, in our legitimate interest in marketing our business, to send you information about products or services of ours that may be of interest to you. We keep this information for one year after your last contact with our Site.

Our Site is not directed to children under age 13 and we do not knowingly collect Personal Information from children under the age of 13.  Children under 13 should not provide their Personal Information to us through our Site, to customer service, or in writing.  If we learn that Personal Information belonging to anyone under the age of 13 is stored on the Site, we will immediately delete such information and refrain from using it for any purpose.

Other Information We Collect 

In addition to collecting information directly from you as described in the previous section, we also automatically gather information when you browse or view our Site. This information may include Internet Protocol (IP) address, browser type and language, mobile network, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, clickstream data, whether you are a first-time or a returning user, links you clicked on while in the Site, and your flow and navigation path through the Site. We use this information to make sure that the Site, and its associated parts, are functioning properly, that the Site is displayed properly for your equipment and software, we can honor your preferences when using the Site, and that we can provide you with information useful to you and your location.  

There are “do not track” or similar browser choices available to internet users with respect to online web activity, but given the present lack of consensus of what constitutes an informed election, appropriate trigger or breadth of scope of such choice, our Site will not operate any differently when a “do not track” signal is received.

In some of our email messages, you will find a “click-through URL” linked to content on our Site. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click such links in our email messages.

Cookies

We use technologies such as “cookies” so we can remember certain information about you, remember your preferences or recognize you when you return.  They also help us compile aggregate data about Site traffic and Site interaction so that we can improve our Site and protect our Site from fraud.

A cookie is a text file that is stored on your computer. As text files, cookies cannot read information on your hard drive, run programs or deliver viruses to your computer.  

Most browsers are set to accept cookies automatically. You can set your browser to decline all cookies automatically or to prompt you for a response each time a cookie is offered. If you decline cookies, you may find that you cannot access all of our Site’s features.

During your browsing session, we use “session” cookies to store information and monitor Site function. These session cookies are installed during your browsing session and are deleted when the browsing session has ended. We use the following cookies when you visit our Site:

 

We also use log files when you visit our Site. Log files track IP addresses, browser type, Internet Service Provider (ISP) identity, referring/exit pages, platform type, date/time stamp, and number of clicks. We utilize this information in our legitimate interest in administering the Site, preventing fraud, tracking website navigation in the aggregate, and gathering broad demographic information for aggregate use.

Web beacons, also known as clear GIFs, are often used in combination with cookies. Often transparent, these images are part of web pages, and allow us to count users who have visited certain pages and to generate statistics about how our Site are used. They are not used to access Personal Information.

Embedded scripts are programming code that are designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto the device you use to access the Site from our web server. It is active only while you are connected to the Site, and is deactivated or deleted when you leave the Site.

ETag (entity tag) is a feature of the cache in web browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at the URL ever changes, a new and different ETag is assigned. ETags help identify the specific device accessing the Site.

Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

Website Analytics 

We use in connection with our Site to gather data such as age, gender and interests to provide advertising targeted to suit your interests and preferences. 

This analytics software helps us target our online ads based on information collected directly from you or by automated means, like cookies. These companies also use automated technologies to collect information when you click on our ads, which helps track and manage the effectiveness of our marketing efforts.  

Google Analytics collects anonymous information that is not used to identify a particular user.  This information helps us better understand how visitors use our Site, detect and defend against fraud and other security risks, and present advertisements, products, and/or services of interest to you.

To learn more about how Google Analytics collects and processes data, please visit “How Google uses data when you use our partners’ Site or apps”, located at www.google.com/policies/privacy/partners/. To learn about how to opt-out of Google Analytics, please visit http://tools.Google.com/dlpage/gaoptout/.

Use of Your Personal Information

We use your Personal Information to further our legitimate business interests, such as to transact business, to provide information about our company and products, and to communicate with Site visitors. As described above, we may use your Personal Information to send you requested information, to personalize content for you, to compile, analyze, and better understand user data, demographics and behavior, and to detect, investigate, and prevent activities that may violate our policies or be illegal. We may also use your Personal Information to communicate with you about products and services we believe you might find of interest and to administer promotions, surveys, contests and sweepstakes in which you might participate.

We also use the information automatically collected about you during your use of the Site, as described above, to improve the effectiveness of our website, operations, mobile experience, or marketing efforts or as described elsewhere in this policy, to prevent against fraud and theft, and otherwise to protect our Site’s visitors and our business. 

Our employees and agents may view your Personal Information to perform their jobs and service your needs and the Site operations. We authorize their access to your Personal Information on a need-to-know basis to provide you with our products or services, or for one of the other reasons listed in this section, and always in connection with a contractual obligation to protect the privacy of that information.

 

Sharing Your Personal Information

As a general rule, we do not sell any information we collect from you. In the past twelve months, we have not sold any Personal Information. We will not disclose any of your Personal Information except when we have your permission or under special circumstances, such as when we believe in good faith that the law requires it or under circumstances described in this Policy. For instance, we may share your Personal Information in the following circumstances:

We may provide your Personal Information to our partners, as outlined above, to assist us in operating this Site and transacting business and communicating with you. When we do so, we will exercise reasonable care to ensure that such partners are prohibited from using that information for any other reason and that it is maintained securely and privately. 

We may disclose your Personal Information if we determine that disclosure is reasonably necessary to enforce our Terms of Use Privacy Policy or to otherwise protect our operations, clients or users.

We may release your Personal Information to others (including law enforcement) if we believe such release is reasonably necessary to comply with the law or legal process; enforce or apply the terms of applicable terms of use; detect, prevent, or otherwise address fraud, security or technical issues; or otherwise protect the rights, property or safety of others.

We may sell, transfer and/or disclose your Personal Information as part of a business divestiture, sale, merger, or acquisition of all or a part of our business.  If another company acquires our company, business, or assets, that company will possess the Personal Information collected by us and will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.  In the event of an insolvency, bankruptcy, or receivership, your Personal Information may also be transferred as a business asset.

In addition, we may share aggregate, non-identifiable information, incapable of identifying a particular person, with third parties for lawful purposes.

California Privacy Rights

If you are a California resident, you may have certain rights with respect to your personal information including the following rights:

1. the right to know, by way of our Privacy Policy and any specific inquiries you direct to us, where personal information we have about you comes from, what we use that information for, whether it is being disclosed or sold, and to whom it is being disclosed or sold;
2. the right to “opt-out” of Fitness Factory’s sale of your personal information to any third parties;
3. the right, with some exceptions, to have your personal information deleted from Fitness Factory’s possession or control; and 
4. the right to receive equal service and pricing from Fitness Factory even if you exercise any of your privacy rights.

California Civil Code Section 1798.83 permits users of the Site who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

If you are a California resident under the age of 18, and a registered user of any Site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted.

European Privacy Rights

If you are an EU resident, you are afforded certain rights regarding your personal information. Specifically, EU law provides that EU residents have the following rights:

The right to be informed about what happens with your Personal Data (information relating to an identified or identifiable natural person), including how it is collected from you, how it is used as well as the right to access that Personal Data, to modify it when it is incomplete or incorrect, and the right to withdraw consent for its use;

1. The right to access Personal Data held by organizations about an individual; 
2. The right to rectification allowing individuals to correct inaccurate information or complete incomplete information;
3. The right to erasure (or the right to be forgotten) allowing, with some exceptions, an individual to have their Personal Data deleted upon request;
4. The right to restriction and withdraw consent for data processing; 
5. The right to data portability allowing individuals to ask for the transfer of their Personal Data or to obtain and use their Personal Data for their own purposes; 
6. The right to object, with some exceptions, to the processing of an individual’s Personal Data;
7. The right to prevent automated decision making or profiling and to require that those decisions be made by natural persons.

Data Movement

We may maintain your Personal Information on computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

We process data, including Personal Information, in the United States.  We transfer your Personal Information to another organization or a country only with your consent or to perform a contract with you, and consistent with the practices described in this Privacy Policy.

 

Security Measures

We maintain a variety of industry-standard commercially reasonable security measures, including physical, electronic and procedural safeguards. No system can be completely secure, so we do not promise, and you should not expect, that your Personal Information, searches, or other communications will always remain secure.

 

Your Access and Consent to Use of your Personal Information

If you believe that the Personal Information that we have collected about you is incomplete, inaccurate, or not up to date, or if you would like to review and/or request changes or deletion of that information, you can contact our Webmaster.

If you do not consent or want to withdraw your consent for us to collect, use, or disclose your Personal Information as described in this Policy, please contact our Webmaster. In your request, please identify the Personal Information at issue and the collection, use, or disclosure you wish to stop. 

Denying or withdrawing consent may not allow us to provide you with some or all of the products, services, or information you request.

If you opt-out from receiving marketing emails or text messages, we may still need to send you communications about your account, orders, customer service inquiries, and other matters.

If you agreed to receive future marketing communications directly from a third party through our Site, you will need to contact that party to opt-out of such communications. This process may be outlined on that party’s privacy policy.

 

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. Changes and clarifications will take effect immediately upon their posting on the Site and we will change the “Last Modified” date below.