Privacy Policy

We 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 enquiries, to fulfill your orders, and for other customer service purposes.
• To tailor the content and information we may send or display to you, to offer location customization, to offer personalised help and instructions, and to otherwise personalize your experiences while using the Site and App. For example, we will display upcoming workouts at your preferred studios, or we may use your location information to show you other Orangetheory Fitness studios in your area. We also use information collected through OTbeat, body scans and your App out-of-studio workouts to customize workout programs and classes and to conduct workout challenges.
• For marketing and promotional purposes in accordance with applicable laws. For example, we use your information, such as your email address, to send you news and newsletters, special offers and promotions, or to otherwise contact you about products, services, workout sessions, or other information we think may interest you.
• We use your information (typically in the aggregate) to assist us in advertising the Orangetheory Fitness brand on unaffiliated websites and in evaluating the success of our adverting campaigns (including our online targeted advertising and offline promotional campaigns).
• To better understand how users access and use our Site and Apps, both on an aggregated and individualized basis, in order to improve our Site and Apps and respond to user desires and preferences, and for other research and analytical purposes.
• To administer our membership reward program.
• To administer surveys and questionnaires, such as for market research or member satisfaction purposes.
• To ensure members’ personal information is not lost should a new franchisee owner take over OTFAltrincham, ensuring that membes continue to receive services.
• To comply with legal and regulatory obligations, as part of our general business operations, and for other business administration purposes, including authenticating your identity, maintaining customer records, to monitor your compliance with any of your agreements with us, to collect debts owed to us, to safeguard our business interests, and to manage or transfer our assets or liabilities, for example in the case of an acquisition, disposition or ‎‎merger, as described below.
• Where we believe necessary to investigate, prevent or take action regarding illegal activities, fraud or error, situations involving potential threats to the safety of any person, or violations of our Terms of Use or this Privacy Policy.
• For other purposes we may inform you about from time to time. Where required by applicable laws and regulations, we will obtain your consent if we wish to use your personal information for purposes other than those stated in this Policy.

Under the General Data Protection Regulation (GDPR), you are able to remove your consent at any time. You can do this by contacting OTFAltrincham on [email protected]

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

• Workout Sessions and Challenges. During a workout session, participants may share their name and OTbeat heart rate information with other session participants on our in-studio display screens. If you participate in a workout challenge, you may share your name and workout information with other challenge participants. You may also share information about your workouts and challenges you participate in with your social media accounts.
• Orangetheory Franchisees. If we collect information from you requesting a trial workout in your area, we will provide that information to the local franchisee. When you sign up for a workout or schedule or purchase sessions through our Site or App or in-person at a studio, such information is hosted by Mindbody Inc. (“Mindbody”), a service provider under contract with Ultimate and our franchisees. All data hosted by Mindbody is made available to Ultimate and the franchise owner of your home studio (if applicable). If you complete a workout at a studio different from your home studio, then your data will be available to the owners of both studios. If a franchisee sells or otherwise transfers its franchise, we will transfer member information controlled by the outgoing franchisee to the successor franchisee. If you utilize a body scanner at a franchisee-owned studio, we will share your scan results with that franchisee.
• Health-focused Apps and Websites. With your consent, we may share your personal information, including workout and health data, with unaffiliated health-focused mobile applications and websites to help you track your health and wellness information. If you choose to share your information with these apps, your personal information, including your health information, will be used in accordance with those apps’ and websites’ own privacy policies, not this one. Before consenting to sharing your personal information with any third party apps or websites, you should make sure that you have read, understood and agree to their own privacy policy and terms of use.
• Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
• Service Providers. We disclose the information we collect from you to our vendors, service providers, contractors, and agents who perform functions on our behalf. In particular, the workout sign-up portal is hosted by Mindbody; in addition, as noted above, when you register for a workout with a particular studio, your information is made available to the owner of that particular location and to Ultimate.

Where required by applicable laws, we will put in place appropriate security measures and/or request these third parties have in place security measures to protect your personal information.

We also disclose information in the following circumstances:

• Business Transfers. If (i) we or our affiliates 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 will share certain of your personal information with lenders, auditors, and advisors, including attorneys and consultants.
• In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, or other legal process, such as in response to a court order or a subpoena.
• To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary 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 Use or this Policy, or where it is reasonably necessary as evidence in litigation in which Ultimate is involved.
• Aggregate and De-Identified Information. We may share aggregate, de-identified, or anonymized information about users and members with others for marketing, advertising, research, or similar purposes.

We and our service providers use cookies and other tracking mechanisms to track information about your use of our Site and App. Where permitted under applicable law, we may combine this information with other personal information we collect from you (and our service providers may do so on our behalf).

Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’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 App, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and App.

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.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web or mobile application pages. We may use clear GIFs (aka web beacons, web bugs or pixel tags), in connection with our Site and App to, among other things, track the activities of Site visitors and App users, help us manage content, and compile statistics about usage of our Site and Apps. We and our service providers also use clear GIFs in HTML emails to our customers to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Analytics. We use automated devices and applications, such as Adobe Analytics and Google Analytics, to evaluate usage of our Site, and to the extent permitted, our Apps. We also may use other analytic means to evaluate our Site and Apps. We use these tools to help us improve our Site’s and 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 opt-out of Adobe Analytics, please visit https://www.adobe.com/privacy/opt-out.html. 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 your 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 Ad Networks section.

Ad Networks. We use network advertisers to serve advertisements on unaffiliated websites or other media (e.g., social networking platforms). This enables us and network advertisers to target advertisements to you for products and services in which you might be interested. 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 cookies and other technologies are governed by each entity’s specific privacy policy, not this one. We may provide these advertisers with information, including personal information, about you.

We may disclose certain information (such as your email address) to Facebook Custom Audiences (for more information on Facebook Custom Audience go here or to opt-out, go to the Facebook ad preferences page)—so that we can better target ads and content to you and others with similar interests on other websites or media (“Custom Audiences”). We may also work with other ad networks and marketing platforms that enable us and other participants to target ads to Custom Audiences submitted by us and others. You may also control how Facebook and other ad networks display certain ads to you, as explained further in their respective privacy policies or by using the opt-outs described below.

Users in the EU may opt out of certain ad network cookies that we and other websites may use for targeted advertising through the European Interactive Digital Advertising Alliance (EDAA)   Your Online Choices Page or www.aboutads.info. Users in Australia may opt out of certain ad networks by going to the Your Online Choices Page for information about opting-out of interest-based advertising and choices available from participating organizations.

You may review and modify personal information that you have submitted by logging into your account and updating your profile information. You may also update your information by visiting OTFAltrincham. Please note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of the Site or App for a period of time.

We are the data controller for your personal information. Please contact us to exercise your rights to access, delete or amend your information.

As the franchisor, Ultimate Fitness Group can access the personal information you provide to ous, and where they use that personal information for our own purposes, they will be an independent controller.

The Legal Bases for Using Your Personal Information. We collect your information as a data controller when we have a legal basis to do so. The following legal bases pertain to our collection of data:

• Our use of your personal information is in our legitimate interest as a commercial organization (for example in order to make improvements to our products and services and to provide you with information you request); you have a right to object to processing as explained in the section below entitled Your Legal Rights;
• Our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you (for example, to facilitate your participation a trial class that you have requested, , where we use your personal information to respond to your customer service requests, to provide our services through our Site or Apps); and/or
• Our use of your personal information is necessary to comply with a relevant legal or regulatory obligation that we have (for example, where we are required to disclose personal information to a court or tax authority).
• Our use of your personal information is in accordance with your consent (for example, when you consent to sharing your personal information with another party for their own marketing).
• Our use is necessary to protect your vital interests (for example, if you are injured during a workout)
  If you would like to find out more about the legal bases on which we process personal information, please see Appendix A at the end of this policy or contact us using the details below.

Retention of Your Personal Information. We retain your personal information for as long as necessary to provide our services to you, to fulfil the purposes described in this Policy and/or our business purposes, or as required by law, regulation, or internal policy.

Special Categories of Personal Information. We require an additional legal basis to process special categories of personal information which includes your health data (which may be inferred from your weight and height, performance during workouts, from your heartbeat when you use one of our OTbeat heart rate monitors and your voluntary participation in body scans, or when we ask you to provide to us with your health information, such as health conditions that you disclose to us when completing a membership agreement), which shall be one of the following:

• You have provided explicit consent;
• The processing is necessary to protect your vital interests or those of another person where you are physically or legally incapable of giving consent (for example in exceptional situations such as a medical emergency); or
• The processing is necessary for the establishment, exercise, or defense of legal claims.
• Profiling. We may analyze members’ workout habits and activities, interests, and preferences in order to provide our services, such as to customize workouts, and for our marketing purposes.

Processing of Information from Children Between the Ages of 14 and 17. Where a child in the EU between the ages of 14 and 17 provides us with personal information through the Services and our processing is based on consent as a legal basis, we will obtain the consent of the child’s respective parent or guardian. The parent or guardian has the right to withdraw such consent provided on behalf of their child at any time. Please note, our website and are app are not suitable for or aimed at 13 year olds and under.

Your Legal Rights. Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, when Ultimate acts as a data controller, European Union individuals have certain rights in relation to their personal information:

Right to access, correct, and delete your personal information: You have the right to request access to the personal information that we hold about you and:  (a) the source of your personal information; (b) the purposes, legal basis and methods of processing; (c) the data controller’s identity; and (d) the entities or categories of entities to whom your personal information may be transferred.

You also have the right to request that we delete your information.

We are not required to comply with your request to erase personal information if the processing of your personal information is necessary for compliance with a legal obligation or for the establishment, exercise, or defense of legal claims.

Right to restrict the processing of your personal information: You have the right to restrict the use of your personal information when (i) you contest the accuracy of the data; (ii) the use is unlawful but you do not want us to erase the data; (iii) we no longer need the personal information for the relevant purposes, but we require it for the establishment, exercise, or defense of legal claims; or (iv) you have objected to our personal information use where such use is justified on our legitimate interests and we must verify as to whether we have a compelling interest to continue to use your data.

We can continue to use your personal information following a request for restriction, where:

• we have your consent; or
• to establish, exercise or defend legal claims; or
• to protect the rights of another natural or legal person.

Right to data portability: To the extent that we process your information (i) based on your consent or under a contract; and (ii) through automated means, you have the right to receive such personal information in a structured, commonly used, machine-readable format, or you can ask to have it transferred directly to another data controller.

Right to object to the processing of your personal information: You can object to any processing of your personal information which has our legitimate interests as its legal basis, if you believe your fundamental rights and freedoms outweigh our legitimate interests. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms.

Right to obtain a copy of personal information safeguards used for transfers outside your jurisdiction: You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside of the EEA.

Right to lodge a complaint with your local supervisory authority: You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information.

We ask that you please attempt to resolve any issues with us first, although you have a right to contact your supervisory authority at any time.

How to Exercise Your Rights: If you would like to exercise any of the rights described above, please send us a request at [email protected]. In your message, please indicate the right you would like to exercise and the information that you would like to access, review, correct, or delete.

We may ask you for additional information to confirm your identity and for security purposes before disclosing the personal information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive.

We may not always be able to fully address your request, for example if it would affect the duty of confidentiality we owe to others or if we are legally entitled to deal with the request in a different way.

Cross-border Transfer of Information.  We generally maintain servers and systems in the United States hosted by service providers. Our European Union franchisees may transfer personal information to us in the United States, and we also may subcontract the processing of your information to, or otherwise share your information with, other parties in the United States or countries other than your country of residence. As a result, where the personal information that we collect through or in connection with the Site, App, or our services, or is provided to us by our franchisees, is transferred to and processed in the United States or anywhere else outside the European Economic Area (EEA) for the purposes described above, we will take steps to ensure that the information receives the same level of protection as if it remained within the EEA, including entering into data transfer agreements, using the EU Commission approved Standard Contractual Clauses, or by relying on approved certification schemes. You may have a right to details of the mechanisms under which your data is transferred outside the EEA.