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Privacy Policy

ASI Fitness Inc. Privacy Policy

THIS IS A WEBSITE PRIVACY POLICY DRAFTED UNDER U.S. LAW. THIS POLICY IS NOT INTENDED TO SATISFY ANY OBLIGATIONS UNDER GDPR OR OTHER NON-US LAW.

OAK Health Club Privacy Policy

EFFECTIVE DATE:  July 1, 2023

In this Privacy Policy (“Policy”), we describe how OAK Health Club and its affiliates ASI Fitness, Inc. (AFI) and AARP Services Inc. (ASI) (“Company” or “OAK”) collect, use, and disclose information that we obtain about visitors to our website https://oakhealthclub.com/ (the “Site”), users of the mobile Applications that connect to equipment at our Site (“Apps”) and the services available through our Site (collectively, the “Services”).

By visiting the Site, using or downloading the Apps for use with our Site, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy and our Terms of Service, including its applicable limitations on damages and the resolution of disputes. The Company’s Terms of Service are incorporated by reference into this Policy and are available at the Site.

The Information We Collect About You

We collect information about you directly from you and from third parties, and automatically through your use of our Site or Services.

Information We Collect Directly From You. The information we collect from you depends on how you use our Services. To create an account with our gym, you must provide your Name, address, phone, email, birthdate, gender, emergency contact information, and payment method. We also may collect additional information from you, including employer information and title.  If you make a purchase, we will collect your payment information, such as your credit or debit card information and your billing and shipping address.

Information We Collect Automatically. We automatically collect information about your use of our Site and the Apps through cookies, web beacons, and other technologies, including technologies designed for mobile apps. To the extent permitted by applicable law, we combine this information with other information we collect about you, including your personal information. Please see the section “Cookies and Other Tracking Mechanisms” below for more information

Site:

  • domain name;
  • your browser type and operating system;
  • web pages you view on the Site; links you click on the Site; your IP address;
  • the length of time you visit our Site and or use our Services;
  • the referring URL, or the webpage that led you to our Site.

App:

  • device name and model; operating system type, name, and version;
  • language information;
  • activities within the App;
  • location information. With your permission, we will collect location information from your mobile device to provide you with additional Services at our gym. You may turn off this feature through the location settings on your mobile device.

How We Use Your Information

We may use your information, including your personal information, for the following purposes:

  • To provide our Services to you.
  • To communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes.
  • To tailor the content and information that we may send or display to you, to offer location customization, which is limited in geographic coverage to the facilities and equipment at our gym. 
  • To send you email marketing about our products and services.
  • To send you news and newsletters.
  • To send you email marketing about products and services of our affiliated entities.
  • To send you email marketing about products and services of other entities that we think may be of interest to you.
  • To assist us in advertising on third party websites, mobile apps, and other online services, and to evaluate the success of our adverting campaigns through third party channels (including our online targeted advertising and offline promotional campaigns).
  • To better understand how users access and use our Services, both on an aggregated and individualized basis. For example, we will evaluate which features of our Site and App are more (or least) used by users, and we will use this information.
  • To administer our customer loyalty or rewards program.
  • To administer surveys and questionnaires, such as for market research or member satisfaction purposes.
  • To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
  • Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Service or this Privacy Policy.

How We Share Your Information

We may share your information, including personal information, as follows:

  • Service Providers. We disclose the information we collect from you to service providers, contractors or agents who perform functions on our behalf. These service providers include service providers who provide coaching support for exercise activities as well as service providers who provide supplemental services (e.g., nutritional services or fitness evaluations) and operational support for our Services (e.g., payment card processing services) and will be used by a service provider in accordance with its privacy policy.
  • Affiliates. We disclose the information we collect from you to our affiliates.
  • Social Media Users Apps.  For example, your username and profile picture may be visible to all other App users, if you participate in events or challenges through the mobile Apps.
  • FaceBook Users. When you log in or communicate through FaceBook, you may share your username or profile picture, regardless of whether they are your Facebook friends. In addition, when you join OAK, if you grant us permission to post on your Wall, a notification will be visible on your Facebook page telling your friends that you have started going to OAK.

We also disclose information in the following circumstances:

  • Business Transfers. If (i) we are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company.  As part of the business transfer process, we may share certain of your personal information with lenders, auditors, and third-party advisors, including attorneys and consultants.
  • In Response to Legal Process. We disclose your information to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
  • To Protect Us and Others. We disclose your information when we believe it is appropriate to do so to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Policy, or as evidence in litigation in which we are involved.
  • Aggregate and De-Identified Information. We share aggregate, anonymized, or de-identified information about users with third parties for marketing, advertising, research, or similar purposes.

Our Use of Cookies and Other Tracking Mechanisms

We and our third-party service providers use cookies and other tracking mechanisms to track information about your use of our Site or Services. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf).

Cookies.  Cookies are alphanumeric identifiers that we transfer to your device’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities as you move through our Site and use our Services. There are two types of cookies: session and persistent cookies.

  • Session Cookies. Session cookies exist only during an online session. They disappear from your device when you close your browser or turn off your device. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site and Services. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site and Services.
  • Persistent Cookies. Persistent cookies remain on your device after you have closed your browser or turned off your device. We use persistent cookies to track aggregate and statistical information about user activity.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.

Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site, and to the extent permitted, the Apps. We also may use other analytic means to evaluate our Site and the Apps. We use these tools to help us improve our Site’s and the Apps’ performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent their data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third Party Ad Network section.

Third-Party Ad Networks

We may use third parties such as network advertisers to serve advertisements on our Site, the Apps, or      on third-party websites or other media (e.g., social networking platforms). This enables us and these third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information, including personal information, about you.

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site, Services, or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

User Generated Content

We may invite you to post content on our Site, including your comments, pictures, and any other information that you would like to be available on our Site. If you post content to our Site, all of the information that you post will be available to other gym users and visitors to our Sites. If you post your own content on our Site or Services, your posting may become public and the Company cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.

Third-Party Links

Our Site may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

Security of My Personal Information

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

Modifying My Personal Information

You may modify personal information that you have submitted by contacting us and updating your profile information.   

What Choices Do I Have Regarding Use of My Personal Information?

We may send periodic promotional emails to you. You may opt-out of promotional emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us.

Children Under 18

Our Services are designed for persons 18 and older. Persons between the age of 13 and 18 may use our Services with the prior written permission and supervision of their legal guardians. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

Contact Us

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at privacy@oakhealthclub.com.

Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site.