This Policy applies to the Website and all of the products and services offered by Tune Up Fitness, the mobile or tablet versions thereof, any Tune Up Fitness software, and any content delivery applications created by Tune Up Fitness, however made available (collectively, the “Service”).
If you have any questions about this Policy, please feel free to contact us. See the “Contact” section below for contact information.
1. Information We Collect
Information you provide – When you use our Service, we may collect your device ID and certain device information. When you sign up for a Tune Up Fitness account, we ask you for personal information such as your name, e-mail address, and an account password. At the time you register, or when you make a purchase, we request payment card or other payment account information which we retain in encrypted form on secure servers.
We use your name, e-mail address, and other information to inform you of new product releases, service notifications, events, and to solicit your feedback and input. We also use your information, or a portion thereof, to send you marketing materials and/or Tune Up Fitness newsletters or other information Tune Up Fitness thinks you would be interested in, unless you notify Tune Up Fitness that you do not wish to receive such materials. All contact preferences can be managed through your personal Communication Preferences dashboard in your account, or by contacting us using the information in the Contact section below to request that you not be sent any or all of such information, or you can opt-out of any email messages you receive from Tune Up Fitness directly to stop receive future marketing emails.
Activity Information – In order to provide the best possible service and to allow us to make certain internal reports and make recommendations, we collect aggregate information about the use of the Service, including information about users accessing the Website such as internet protocol addresses, browser type, browser language, referring / exit pages and URLs, other browser history, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your visit, and other technical information.
IP Address – An Internet Protocol (IP) address is a number that’s automatically assigned to your computer whenever you’re surfing the Web. We retain your IP address in order to help us diagnose problems with our servers, to administer our Website, to help identify you, to gather broad anonymous demographic and location information (such as the number of visitors from a geographic area), to enforce compliance with the Website terms and conditions, or otherwise in order to protect our services, sites, customers, or others.
Log information – When you use the Service, our servers automatically record information that your browser sends whenever you visit a Website. These server logs include information such as your web request, IP address, browser type, browser language, the date and time of your request, and one or more cookies that uniquely identify your browser.
User communications – When you send email or other communication to Tune Up Fitness, we retain those communications in order to process your inquiries, respond to your requests, and improve our services.
Affiliated sites – We offer some of our Services in connection with other websites. Personal information that you provide to those websites is sent to Tune Up Fitness in order to deliver the Service. We process such information in accordance with this Policy. The affiliated websites have different privacy practices and we encourage you to read their privacy policies.
Social Media – We collect information from social media platforms and networks that you use in connection with our website, or that share or allow you to share information with us, such as Facebook, Twitter, Pinterest, LinkedIn, and Instagram. For example, if you use functionalities, plugins, widgets, or tools from social media platforms or networks in connection with our website (e.g., to log into an account, purchases, etc.), we will collect the information that you share with us, or that those social media platforms or networks share with us. We use conversion tracking to help us measure the return on investment of our social media advertisements by reporting on the actions people take after viewing those ads. We create pixels that track conversions, add them to the pages of the Site where the conversions will happen, and then track these conversions back to advertisements. No personal information is contained in or collected as a result of using these cookies or pixels. For more information about social media platform and network privacy practices, please review the privacy policies and settings of the social media platforms and networks that you use.
Links – Tune Up Fitness presents links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our Website.
2. Information Use and Sharing
We use your personal information for the purposes described in this Policy and/or any privacy notice provided for specific Services. Such purposes include, but are not limited to:
* Providing our Services to users, including the display of customized content and promotions;
* Sharing information to our business partners who perform core services (such as hosting, billing, data storage, security, and reporting services) related to the operation of the Service;
* Collecting and processing information about your actual location to provide location-aware products, services, and other content;
* Verifying your identity;
* Following up with transactions or inquiries initiated on the Website, the application, or via email;
* Auditing, research and analysis in order to maintain, protect, and improve our Services;
* Ensuring the technical functioning of our network; and
* Developing new Services
We may use any user preference or interests data you supply to create a more personalized experience for you (i.e., serving content or informing you of new products that are relevant to your preferences and interests).
We will not disclose any of your preferences or interest data to advertising platforms, data brokers, or information resellers, or for advertising, marketing, or use-based data mining purposes. We will not disclose such data to other third parties without your consent.
We may disclose personal information, interests and preferences: (i) if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on Tune Up Fitness or its parent company, subsidiaries, or affiliates, (2) protect and defend the rights or property of Tune Up Fitness or the users of the Website, or (3) act under exigent circumstances to protect the safety of the public or users of the Website; (ii) in connection with a partial or total sale of stock or assets, merger, or any other change of control transaction, including in bankruptcy; or (iii) when we have your consent to do so.
We may share technical or personal information that has been anonymized or aggregated without limitation.
3. Your Choices
When you sign up for the Service, we ask you to provide personal information. If we use this information in a manner different than those described in this Policy and/or in the specific service notices, then we will ask for your consent prior to such use. If you no longer wish to receive email notifications from Tune Up Fitness, please let us know by contacting us. Please specify which notifications you no longer wish to receive and provide your exact name, email address and/or physical address so that we can do our best to ensure that you stop receiving the notifications that you no longer wish to receive. Please note that you will continue to receive communications related to our transaction(s) and relationship with you.
If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, and you decline, Tune Up Fitness may not be able to provide its Service to you.
We may partner with third-party ad networks and other ad serving providers (“Advertising Providers”) that serve ads on our behalf and others’ on non-affiliated platforms. Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information Advertising Providers collect about your use of the Website and other sites or apps over time, including information about relationships among different browsers and devices. This type of advertising is known as interest-based advertising.
Tune Up Fitness adheres to the Digital Advertising Alliance (“DAA”) Self-Regulatory Principles in connection with this interest-based advertising activity. You can visit www.aboutads.info or www.youradchoices.com/AppChoices to learn more about interest-based advertising and how to opt out of this advertising by companies participating in the DAA self-regulatory program. If you delete your cookies, reset your device advertising identifier, or use a different browser or mobile device, you will need to renew your opt-out choices. You may also be able to limit data collection for advertising purposes using tools available on your device. Note that electing to opt out will not stop advertising from appearing in your browser or applications. It may make the ads you see less relevant to your interests. Even if you opt out, Advertising Providers may continue to collect data for other purposes, including analytics and other operational purposes.
We may also work with third parties that collect data about your use of the Website and other sites or apps over time for non-advertising purposes. For example, Tune Up Fitness uses Google Analytics and other third-party services to improve the performance of the Website and for analytics and marketing purposes. For more information about how Google Analytics collects and uses data when you use our Website, visit www.google.com/policies/privacy/partners/, and to opt out of Google Analytics, visit tools.google.com/dlpage/gaoptout/.
When you use the Service, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected, or removed before processing such requests, and we in some cases decline to process requests in certain circumstances. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
4. Data Security
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure, or destruction of data. These include internal reviews of our data collection, storage and processing practices, and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal information.
We restrict access to personal information to Tune Up Fitness employees, contractors, and agents who need to know that information in order to operate, develop, or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
However, please note that no data transmission over the Internet can be guaranteed to be 100% secure, so while Tune Up Fitness strives to protect your information, Tune Up Fitness cannot ensure or warrant the security of any information that you voluntarily give to Tune Up Fitness.
5. Website Areas Beyond Tune Up Fitness’s Control
Tune Up Fitness may choose various third party websites to link to, link from, and frame within, the Website. Tune Up Fitness also may participate in co-branding and other relationships to offer e-commerce and other services and features to its users. However, even if the third party is affiliated with Tune Up Fitness, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of Tune Up Fitness. We have no responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of any such websites. Please make sure you are comfortable with the privacy practices of every site you visit before providing the site with your personal information. These linked sites are only for your convenience and you therefore access them at your own risk.
We also may make chat rooms, forums, and message/comment boards available to you through the Services. Please remember that we cannot control the information that is shared by members and that anything you voluntarily provide in any public area of the Internet will be publicly available to other visitors on that website and potentially to other third parties. Thus, please note that you should always exercise caution when deciding to publicly disclose any of your personal information in these and similar areas.
6. International Visitors – Laws in Other Countries
We comply with the United States privacy laws and regulations. We do not represent that the Site is governed by, or operated in accordance with, the laws of other nations or jurisdictions, or that the Site or any portion of it is appropriate or available for use in any particular location. If you choose to access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations. By using the Site, visitors to the Site from outside the United States acknowledge and agree that our Site is subject to United States laws and regulations, and waive any claims against us that may arise under their own national laws.
7. Nevada Privacy Rights
Under Nevada law, Nevada residents may submit a request directing us not to make certain disclosures of personal information we maintain about them. To exercise this right, please contact us at [email protected] or the contact section below.
8. California Privacy Rights
If you are a California resident, you may be entitled to yearly notice about certain information provided in the previous calendar year to third parties for use by those third parties in marketing products and services to you. Please send your request by email to [email protected] or the contact section below. We reserve the right to not respond to requests submitted other than to the email or mailing addresses specified in this section.
Tune Up Fitness regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or Tune Up Fitness’s treatment of personal information by contacting us using the information in the Contact section below.
When we receive formal written complaints at this address, it is Tune Up Fitness’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal information that cannot be resolved between Tune Up Fitness and an individual.
10. Users Under 18
Tune Up Fitness’s content is not directed at users under eighteen (18) years of age, and if you provide information about yourself as a user of Tune Up Fitness, you are representing that you are at least eighteen (18) years of age. We do not knowingly collect personal information from anyone under eighteen (18) years of age, but if we do become aware of having collected personal information from a user who is younger than eighteen (18) years of age, we will remove such information from our files.
11. Changes To This Policy
This Policy may be amended from time to time. You should visit this page periodically to review any changes to the Policy. If we believe that the changes are material, Tune Up Fitness will let you know by doing one (or more) of the following: (i) posting the changes on or through the Website or Service, or (ii) sending you an email or message about the changes.
12. Tune Up Fitness Terms and Conditions of Use
A complete statement of our Terms and Conditions of Use can be found here. Tune Up Fitness’s Terms and Conditions of Use are expressly incorporated into this Policy by this reference.
Tune Up Fitness Worldwide, Inc. 14144 Ventura Blvd., Ste. 302 Sherman Oaks, CA 91423 1-818-760-2045 [email protected]
Effective Date: January 1, 2023