Privacy Statement

TF Fitness Operating, LLC and related TFF entities (“Texas Family Fitness”) are committed to protecting the privacy of its guests and members. The below statement has been prepared to inform people how their personally identifying information is gathered on our family of websites and in the Texas Family Fitness mobile application (for convenience, the website and the app are referred to herein as the “Site”) and how that information is stored, protected and used by Texas Family Fitness. Texas Family Fitness encourages people to always make smart and informed choices regarding their personal information while using the internet.

POLICY UPDATES

If we decide to change our Privacy Statement, we will post our updated Privacy Statement on our Site, and in other places we deem appropriate. We reserve the right to modify this Privacy Statement at any time, so please review it frequently. Any changes to this Privacy Statement will become effective when we post the revised Privacy Statement on our Site. Your use of our Site following any change constitutes acceptance the updated Privacy Statement.

Policy Effective Date: Sept 4, 2018

CONTACT

In the event you have any questions pertaining to TexasFamilyFitness.com’s Privacy Statement, please contact us as follows: by phone: 972.417.1900, by email: customerservice@txfamilyfitness.com or by letter to P.O. Box 3525 Coppell, TX 75019.

PERSONALLY IDENTIFIABLE INFORMATION

Personally identifiable information is any information a user submits voluntarily (whether manually entered or automatically tracked) about themselves that Texas Family Fitness had no other way of obtaining. Texas Family Fitness receives and stores a user’s personally identifiable information entered by a user into any form on our Site. This includes but is not limited to: Name, street address, telephone number and email address. Additionally, if a user contacts Texas Family Fitness via email, or posts in any forum we have open, we may store that correspondence. Whenever Texas Family Fitness receives personally identifiable information, we will make an effort to provide a link to this privacy statement.

CHILDREN

Texas Family Fitness offers membership to individuals who are at least twelve (12) years of age. However, children that are at least twelve (12) years of age may only become members with the written consent of their parent or legal guardian. Similarly, the Site is intended for use by adults, and you must be at least eighteen (18) years of age or, for children ages twelve (12) and older, have parental consent to provide personal data to Texas Family Fitness. The Site is not intended for children under the age of twelve (12), and we do not knowingly collect or store any personal data from children under the age of twelve (12).

COOKIES

A cookie is data sent to a user’s browser from a web server that is then stored in your computer. This is a way for a user to quickly store and remember passwords and logins. All pages on the Site that utilize cookies (i.e. a page with a login required) will prompt users to accept the cookies in order to proceed to the next stage of the site. Cookies can be set up and personalized by a user on their computer. By modifying browser preferences, a user has the choice to accept cookies, be notified when one is created and to reject all cookies.

Uses of cookies may include:

Cookies may be used by third-party advertisers such as for banner ads. This policy is the user’s agreement to allow Texas Family Fitness to use your personal information to deliver the best banner ads, administrative notes, products and communications relevant to a user’s experience on the Site. By accepting the Terms & Agreement and this privacy policy, the user agrees to receiving this information. If you do not wish for such communication to occur we encourage the user to opt out.

Cookies assist Texas Family Fitness with tracking visits to the Site. Information is collected via a “clickstream” and can include which pages a user looked at while on the Site. By tracking which pages were viewed, Texas Family Fitness can better understand the online habits of users that visit the Site in order to make a user’s experience more personal, enjoyable and useful.

Cookies can be used to remind Texas Family Fitness who each user is and access their account information to deliver them a more personalized experience from the minute you open TexasFamilyFitness.com the Site. This cookie is created when/if the user signs into any portion of the Site.

Cookies may also be used to track the audience size of the Site and compare said size to our member list size to track how many visitors have joined Texas Family Fitness. Each IP Address that accesses the Site is assigned a unique cookie that is attached to any user on the IP address.

Cookies might be used to track a user’s entries into a promotion or sweepstakes. This will allow Texas Family Fitness to be certain entries are being created properly as well as reach out to winners in the event of a prize win.

APP USAGE DATA

When you download and use any of our mobile applications, we and our service providers may track and collect app usage data, such as the date and time the app on your device accesses our servers.

PHYSICAL LOCATION

We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with location-based services and content and to learn when you have checked into one of our clubs. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing service providers to enable them to provide you with more localized content and to study the effectiveness of advertising campaigns. You may be able to allow or deny such uses and/or sharing of your device’s location by changing your device’s location settings, but if you choose to deny such uses and/or sharing, we and our marketing service providers may not be able to provide you with location-based services and content.

USES OF PERSONALLY IDENTIFIABLE INFORMATION

A user’s personally identifiable information will be used by Texas Family Fitness and authorized third-party agents only. Information will be shared with third-party agents only when it best serves to further the purpose for which the user provided their personally identifiable information. An example of such a further purpose would be to process a sweepstake’s entry, a subscription request or product order. If personally identifiable information might be disclosed with agents for reasons not listed above, users will be advised of the reasoning at the time they submit their information. Texas Family Fitness does not currently sell any personally identifiable information to third-party agents.

Texas Family Fitness may also utilize a user’s personally identifiable information to send them updates that might interest them. These may include but are not limited to Texas Family Fitness news and promotional offers.

Personally identifiable information may also be shared with third-party advertisers. If such information is shared, it will be for the purpose of tailoring advertisements to a user while they explore the Site. For further information, please see the Digital Advertising Alliance’s consumer information page at http://www.networkadvertising.org/choices/. Information practices of those such websites advertising on the Site are not represented by this privacy policy.

PROTECTION & SECURITY

There is no guarantee information transmitted over the internet is 100% safe. At Texas Family Fitness, we strive to protect your information. Texas Family Fitness takes the following steps to ensure there is no unauthorized access to your personally identifiable information:

Once your personally identifiable information has been received, we utilize reasonable efforts to protect any and all information you have given Texas Family Fitness. Your information will not be readily accessible to any unauthorized third-party agents. In addition, Texas Family Fitness has limited the number of people with access to our database and your personally identifiable information. Our database has electronic security in place including but not limited to password protection and user specific identification.

It is important to note Texas Family Fitness may disclose your personally identifiable information to respond to court orders, subpoenas or other legal practices. A user’s personally identifiable information might also be disclosed pursuant to due diligence related to a potential sale or merger of Texas Family Fitness or the Site.

Due to the existing regulatory environment, we cannot ensure all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Statement. By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications or users may abuse or misuse your personal information they collect from the Site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, your personal information or private communications will always remain private.

LINKS TO THIRD-PARTY SITES

The Site may contain links to or otherwise enable you to connect with other sites, social media platforms or apps such as Facebook, Instagram, twitter, YouTube and Apple (collectively “Third-Party Sites”). We do not control Third-Party Sites and are not responsible for the privacy practices, contents or nature of any Third-Party Site. If you choose to use any Third-Party Site, any personal data collected by such site or app will be controlled by the privacy policy of that Third-Party. We strongly encourage you to read the privacy polices of Third-Party Sites, as their practices may differ from ours. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE COLLECTION OR USE OF YOUR PERSONAL DATA FROM ANY THIRD-PARTY SITES.

TRANSFER IN THE EVENT OF SALE OR CHANGE OF CONTROL

If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Site to a third party, we may transfer your personal information to the new owner.

JURISDICTION

The Site is controlled and operated by us from the State of Texas and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the State of Texas and the United States. Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers and by using the Site you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.

If after reading this Privacy Statement you wish to opt out, you may do so by emailing customerservice@txfamilyfitness.com. The subject line must say: “Remove Me”. Please include your name, phone number and mailing address in this email. If you wish to do so by mail, please mail a letter with the same information above to: P.O. Box 3525 Coppell, TX 75019.