Last Updated: July 2020
By interacting with APEX through your use of our Site, you expressly and directly consent and agree to the practices set forth below.
Table of Contents
- Personal Data We Collect
- Purposes for Collection and Use of Information
- How We May Disclose and/or Share Your Information
- How We Protect Your Information
- Retention of Your Personal Information
- No Collection of Personal Information from Children Under 13
- Do Not Track Mechanisms
- Links to Third-Party Websites and Services
- Contacting Us
1. Information We Collect
The information we collect from you varies, depending on the way you use our Site. We collect information from or about you in the ways described below.
Information You Provide to APEX
You may provide APEX with information that can identify you as an individual (“Personal Information”) when using our Site. This Personal Information may include, without limitation:
- Contact information (such as your first and last name, email address, postal address, and phone number(s));
- Username and password;
- Age or date of birth;
- Social media or other third-party account information;
- You may be able to link your social media or other third-party account information from certain third-party applications, such as Google, when using our Site.
- When you link your account to these third-party applications, APEX requests permission to access your information, including, without limitation, your name, profile picture, gender, networks, user ID, list of friends, and any other public information linked to your account on that application.
- Credit or debit card information;
- Emergency contact information;
- Information from your contact list, with your permission:
- APEX may request permission to access your contacts list or email addresses saved on your mobile device for the purposes of enabling you to easily share guest passes, event invitations and more.
- In the “Settings” function on your mobile device, you have the ability to manually permit or preclude APEX from accessing your contacts and email addresses. You may opt-in or opt-out through the “Settings” function on your mobile device at any time.
- Health and wellness information (including, without limitation, health conditions, labs and lab results, metabolic conditions, and information shared with your personal trainer or nutritionist); fitness and exercise activity data (such as heart rate, watts or power, RPM or cadence, and similar metrics);
- Fitness assessments;
- Images (including photographs and video), audio recordings, and sounds;
- Account, registration or participation information (such as information related to your membership or your participation in classes, programs, events, and activities);
- Your responses to our marketing or operational communications (such as your interests, or responses to surveys, questionnaires, sweepstakes, or contests);
- Information you disclose in public forums, messages, comments, searches, or queries, including, without limitation, through the use of our Site.
We collect personal information such as your name, address, e-mail, and phone number when you apply for employment with us through the Site. In addition, we may collect information relating to your education and employment history when you submit that information as part of an employment application. Not all requested information is required, however, and we specifically indicate what information is required in order to submit your employment application.
Other Information We Collect Through Your Technologies
In addition, APEX may collect some other information from you when using our Site that your technologies may automatically provide to APEX. This other information may not necessarily identify you and may include certain information about your interactions with our Site or information about your device (collectively “Other Information”). This Other Information may include, without limitation:
- Internet protocol addresses;
- Device and browser type;
- Internet service providers;
- Operating systems;
- Statistics and other metadata on your activities when using our Site;
- Information about the pages you visited before or after navigating to our Site;
- Information about when you visited our Site;
How We Use Geolocation
When Using our App, APEX will request permission to obtain your location to better provide you with location-specific information, including, but not limited to, facility hours, class schedules and teacher updates, or in-club promotions. In that case, the App will utilize location services on your mobile device to collect and use location data, including the real-time geographic location of your device. If you consent to the App’s utilization of location services, we may use GPS, Bluetooth, your device’s unique identifier, and/or your IP Address, along with Wi-Fi and cell tower locations, and other technologies to determine your device’s geolocation. We maintain location data records for as long as necessary to deliver the services you request. We will collect geolocation data only if you consent, and you may choose in your App settings whether the location services will be always running or only when the App is in use. You may also choose to disable location services through our App in the “Settings” function of your mobile device, but if you do so, you will not receive any notifications or services that require a geolocation. You can also contact your mobile service carrier or your device manufacturer for more information on disabling location services.
2. Purposes for Collection and Use of Information
APEX uses your Information to operate and improve its business and to provide you goods and services. Generally, we collect and process information to serve the operational purpose for which it was collected or for other purposes that are compatible with the context in which it was collected. The following are the business purposes for which we may use your information.
- Providing and delivering our goods and services to you, including:
- creating and managing your membership;
- completing and processing your transactions with us;
- registering you for certain services;
- sending you service-related notifications and scheduling confirmations;
- fulfilling subscriptions and orders;
- Improving the Site, goods, and services we offer (including through statistical and other analysis), including:
- identifying and repairing errors that impair the functionality of our services;
- improving our premises by providing personalized or customized experiences, locations, and instructions or assistance;
- Providing you with customer service;
- Informing you of goods or services you may be interested in;
- Informing you of events, special offers, or sweepstakes or contests relating to your membership or interactions with us;
- Consider you for employment;
- Improving our security, detecting fraud and auditing our processes;
- Complying with legal obligations;
- Communicating with you about our goods and services, including your membership, as well as responding to your customer service requests or any other inquiry or correspondence you send us; or,
- Fulfilling any other purpose for which you provide it or consent to its use.
3. How we may disclose and/or share your information
There are some circumstances where we may disclose or share your Information with a third party, as described below:
- We may share your information with service providers that perform services or functions on behalf of APEX.
- These service providers may include, without limitation, entities that help us with our marketing, analytic service providers, cloud-hosting services, account-related services (including updating of financial information and communications related to collections), database service providers, and backup and disaster recovery service providers.
- With third parties for legal or security reasons:
- We may share information about you if we reasonably believe that disclosing the information is needed to
- comply with any valid legal process, governmental request, or applicable law, rule, or regulation;
- protect the rights, property, and safety of us, our users, or others; or,
- Detect and resolve any fraud or security concerns.
- We may share information about you if we reasonably believe that disclosing the information is needed to
- With third parties as part of an acquisition or liquidation:
- If we are involved in a merger, asset sale, financing, corporate divestiture, reorganization, or acquisition of all or some portion of our business to another company or if we undergo liquidation or bankruptcy proceedings, we may share your information in connection with such transaction or proceeding before and/or after the transaction closes or the proceedings are completed.
- We may disclose or share your personal information in connection with an employment application to verify the information you provide or in accordance with any relevant notice we provide relating to your employment application.
- We may share information in other ways if you give us consent or direct us to do so.
- We do not share personal information with third parties for their marketing purposes.
4. How we protect your information
We have implemented reasonable security measures with respect to your information. Please be aware that, despite our efforts, no data security measures can guarantee security and confidentiality in all instances. There are also steps you can take to protect your information by, for example, keeping your account passwords secure.
5. Retention of your personal information
We may retain Personal Information for as long as necessary to fulfill our business purposes and as is required or permitted under applicable laws.
What are Cookies and Web Beacons?
Controlling Cookies and Interest-Based Advertising
How We Use Google Analytics
Some companies may use information collected on our Site to deliver advertisements on our behalf or on behalf of other companies, targeted to your interests and preferences, on our Site or on other websites or applications you may visit, or on your devices, or on your social media feed and to gauge effectiveness. If you would like to opt-out of having interest-based information collected by certain entities during your visits to our website or other websites, please opt-out. You will be directed to an industry-developed website that contains mechanisms for choosing whether each listed entity may collect and use data for online behavioral advertising purposes. It may be that some of the third parties that collect interest-based information on our website do not participate in the industry-developed opt-out website, in which case the best way to avoid third-party tracking of your online behaviors may be through your browser settings and deletion of cookies.
7. No collection of personal information from children under 13
APEX’s Sites are not targeted to children under 13 years old, and it does not intend to collect Personal Information from children under the age of thirteen (13). If you are aware of a user under the age of thirteen (13) who has provided Personal Information to APEX, please contact us at email@example.com. Parents and legal guardians may choose to provide information about their children, even if under the age of thirteen (13), for the purposes of using our products and services, including, without limitation, the Site.
8. Do not track mechanisms
Our Site does not support Do Not Track (“DNT”) at this time, and so, we currently do not honor DNT signals. For more details, including how to turn on DNT, visit www.donottrack.us
9. Links to third-party websites and services
11. Contacting Us