Privacy Policy

PRIVACY POLICY

LAST MODIFIED: 7.1.24

INTRODUCTION

BM Fitness Group Inc., a Texas corporation and its subsidiaries (together “Us” or “We”), respect your privacy and are committed to protecting it through our compliance with this policy. We do not share, sell, or lease your personal information to third parties under any circumstances. This policy describes the types of information we may collect from you or that you may provide when you visit our website www.bodymachinefitness.com (our “Website”) or use our mobile apps (our “App”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

DATA SHARING, SELLING, AND LEASING

We value your privacy and are committed to protecting your personal information. We do not share, sell, or lease any personal information that we collect from you. Your data is used solely to improve our services and provide a better user experience.

This policy applies to information we collect:

  • On our Website.
  • On our App.
  • In email, text, and other electronic messages between you and this Website.
  • In messages or information between you and our App.
  • Through applications you use on this website.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by us or any third party (including our affiliates and subsidiaries); or
  • Any third party, including through any application or content (including advertising) that may link to or be accessible from the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website or our App. By accessing or using our Website or our App, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Website or our App after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

CHILDREN UNDER THE AGE OF 13

Our Website and our App are not intended for children under 13 years of age. No one under age 13 may provide any information on our Website or our App. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on our Website, our App, or on or through any of the features/register on our Website or our App, make any purchases through our Website or our App, use any of the interactive or public comment features of our Website or our App or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at 214-396-8585

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of our Website and our App, including information:

  • By which you may be personally identified, such as name, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
  • Payment information, including without limitation bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively “payment information”);
  • Geolocational information from your mobile device or wireless carrier and/or certain third-party service providers (collectively “geolocational information”).

We use third-party technology providers, including MarianaTek for gym management and POS software, integrated with Stripe for payment processing. These partners are contractually bound to protect your information and use it only for the purposes for which it was disclosed.

  • Which you may be personally identified, such as name, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information”);
  • Payment information, including, without limitation, bank account numbers, credit card or debit card numbers, account details, ACH information, and similar data (collectively, “payment information”).
  • Geolocational information from your mobile device or wireless carrier and/or certain third-party service providers (collectively, “geolocational information”).
  • We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies, ad exchanges, and ad servers with which we work use third-party analytics services (e.g., Google Analytics) to evaluate your use of our Website and our App, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to our Website, our App and your mobile and Internet usage.
  • About your internet connection, the equipment you use to access our Website and our App, and usage details.

We collect information about your mobile device:

  • Type of mobile device;
  • Advertising Identifier (“IDFA” or “AdID”);
  • Operating system and version (e.g., iOS, Android or Windows);
  • Carrier; and
  • Network type (WiFi, 3G, 4G, LTE).

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.
  • From third parties, for example, our business partners.

INFORMATION YOU PROVIDE TO US

The information we collect on or through our Website or our App may include:

  • Information that you provide by filling in forms on our Website or our App. This includes information provided at the time of requesting introductory offer such as a free class or free week, subscribing to our service, or reserving a class. We may also ask you for information when you report a problem with our Website or our App.
  • Records and copies of your correspondence (including email addresses or mobile numbers), if you contact us. Details of transactions you carry out through our Website or our App and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website or our App.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or our App, or transmitted to other users of our Website, our App, or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of our Website or our App with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES

As you navigate through and interact with our Website or our App, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website or use of our App, including traffic data, location data, logs, and other communication data and the resources that you access and use on our Website or our App.
  • Information about your computer, mobile device and internet connection, including your IP address, operating system, type of mobile device, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically may include personal information but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and our App, and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website and our App according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website or use our App.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer or mobile device. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website or our App. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website or our App.
  • Flash Cookies. Certain features of our Website or our App may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website or our App. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and our App and their contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website, our App, or any products or services we offer or provide though it.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users without restriction. However, we do not share, sell, or lease personal information that we collect or you provide as described in this privacy policy.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business, including MarianaTek and Stripe, who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website or App users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use www.bodymachinefitness.com/terms-and-conditions and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of BM Fitness Group Inc, our customers, or others.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (”NAI”) on the NAI’s website.

ACCESSING AND CORRECTING YOUR INFORMATION

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at [email protected] to request access to, correct, or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

APP STORES; EXTERNAL WEBSITES

Your app store (e.g., iTunes or Google Play) may collect certain information in connection with your use of our App, such as personal information, payment information, geolocational information, and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third party’s applicable privacy policies.

Our App may contain links to third-party websites. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section § 1798.83 permits users of our Website or our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected], or write us at: 3201 Dallas Pkwy., Ste 200-221, Frisco, TX 75034.

DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address specified in your account. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Physical Address:
3201 Dallas Pkwy., Ste 200-221,
Frisco, TX 75034

Email Address:
[email protected]