Privacy Policy
Effective Date/Last Updated: 10/15/2024
WHO WE ARE AND THE SCOPE OF THIS PRIVACY POLICY
We are Crunch Holdings, LLC, a US company headquartered at 386 Park Avenue South, 15th Floor, New York, New York, and our wholly owned subsidiaries and affiliates in the United States, collectively referred to as “we” or “Crunch” in this Privacy Policy (“Policy”). Our fitness products and services (“Services”) help people achieve and sustain their health and fitness goals within a supportive community.
At Crunch, we respect your privacy. This privacy policy explains how Crunch may collect, use, and share information about you through its website or mobile application (collectively “Site”) and through offline channels including but not limited to our POS systems, telephone calls, in-person interactions or use of our facilities. This Policy is incorporated into and subject to the Terms of Use. Unless otherwise noted, your use of the Site and Services constitutes your agreement to Crunch using information about you in accordance with this Policy.
This Policy may change over time as we modify or expand our Site and Services. In the event we make material changes to the Policy, we will provide notice through the Site, and we suggest that you check from time to time to review how we treat your personal information (“PI”). You understand and agree that your continued use of the Site or Services after the effective date means that the collection, use, and sharing of your PI is subject to the updated Policy. Except to the extent we receive your authorization, or as permitted or required by applicable law, we will handle your PI in accordance with the terms of the Policy in effect at the time of the collection.
1. What information do we collect?
Crunch.com gathers information from you at various points. For example, when you create an account or log in, contact us, purchase a membership, request a free trial or class pass, subscribe to our updates, attend an event, complete a survey, participate in sweepstakes or a promotion, search for a location, use or access one of our facilities, we may collect: your name, address, email address, date of birth, age, gender, address, phone number, information about your interaction with our emails, credit card number, bank routing and account number or other payment information, information about your purchase and use of Crunch products and services including app use, class attendance, PT usage, emergency contact information, information on your personal work out with a trainer, account username and password, data from security cameras, biometric information (e.g., fingerprints to redeem Personal Training services at certain clubs) and in certain cases, health or medical information. For children attending Kids Crunch, we collect their name, gender, date of birth, member’s relationship to the child, emergency contact information, allergies and special needs.
For corporate memberships, we request that you provide your name, employer name, company email address, phone number, work address, and any information you submit.
When you search for a job on our careers page, we will collect your name, email address, phone number, whether you are authorized to work in the US, your recent employer and job title, and other information you submit on your CV.
If you contact us about franchise opportunities, we will request your name, phone number, email address, zip code, net worth, military/veteran status, and liquid capital.
When you access the Site, you may provide us with access to your location by opting in to share your GPS location.
We strive to limit the types and categories of PI we collect and process to information necessary to achieve the purpose(s) for collection. We do not use PI for additional purposes that are incompatible with their initial collection. In other words, we have measures and policies designed to ensure that we only collect and process information from our users that we believe is necessary to operate and provide them with a world-class service.
You can always limit the information you provide to us, but if you choose not to provide certain requested information, you may be unable to access some of the functionality, offers, or content on the Site or Services.
As you navigate through the Site, information about you is also collected automatically. This information may include:
• IP Address
• Country; Time zone setting
• OS, platform, browser type, and version
• Information about your computer and internet connection
• How you arrived at the website (e.g., via a digital ad, organic search, direct traffic)
• Usage details, including traffic data, location data, logs, and other communication data, and the resources that you access and use on the website
• Information related to your purchases
• Search terms
• Your cell phone number if you are searching on your mobile phone
2. How do we use your information?
We use the PI we collect for the following purposes:
• To communicate with you by phone, email, or text message.
• To provide and operate our Site and Services, including managing your account and tailoring our personal training services.
• To provide the information, products, and services you request.
• To address and respond to service, security, and customer support issues.
• To verify your identity.
• To provide accommodations.
• To detect, prevent, or otherwise address fraud, security, unlawful, or technical issues.
• To update, maintain, use, and analyze our records.
• To comply with applicable laws or administrative requests, assert or protect our rights, and defend against third-party allegations and claims.
• To contract fulfillment and payment processing.
• To provide analysis or valuable data back to our customers, users, and employees.
• For lead capture and to identify prospects for marketing; provide marketing communications; engage in promotional, and marketing activities including creating look alike and custom audiences, remarketing, or retargeting. This may include enriching information we collect about you with data collected by a third party.
• For our advertising purposes or those of third parties to whom we sell or share personal data.
• To make the services of third- party providers available to Member and or Member’s guests .
• To monitor use of the Site and Services; conduct research and analysis regarding Site usage, membership and prospective members; for business planning and product development.
• For everyday business purposes such as financial account management, IT and website administration, corporate governance, reporting, and legal compliance.
• To carry out our obligations and enforce our rights arising from any contracts entered between you and us, including billing and collection.
• To protect the rights, property, security, and safety of our applicants, employees, and customers, our information systems, and the public.
• For assessing your application for employment with us or managing the employment relationship.
• For assessing your application as a franchisee candidate.
• To respond to law enforcement requests, as required by applicable law, court order, or governmental regulations, and for other lawful processes or public safety purposes.
• To fulfill any other purpose for which you provide it.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.
To the extent permitted by law, we may combine, correct, and enrich PI that we receive from you with data about you from other sources, including publicly available databases or from third parties to update, expand, and analyze our records, identify new prospects for marketing, and provide products and services that may be of interest to you. For example, we may enrich the data we have collected about you by analyzing demographic and behavioral data including location, age, gender, income and other data points that would indicate a propensity to become a member.
3. Marketing
Your email address. At Crunch, we respect your privacy concerns. If you give us your email address when you inquire about membership, request a free trial guest pass, reserve a new gym’s opening membership rate, enter a sweepstakes, or sign up for our content and newsletters, we will send you emails with your opt in permission about exclusive offers, news at Crunch and new club openings. If you have previously opted out of receiving emails from us, providing updated information will act as an 'opt back-in.' We also use pixel tracking on the emails we send. We use the information collected from these pixels for marketing purposes and to learn more about our audience. For example, these pixels help us determine information including how many people open our emails, click on links, the percentage of recipients who read email on their phones, etc. If you want to opt-out of receiving promotional emails, simply click on the unsubscribe link located at the bottom of our emails. Although we strive to update our email list as frequently as possible, you might receive another contact before we can remove you. Please note that you will continue to receive Member Services-related communications regarding your member account. Crunch may use any of your contact information held on file (including Email, Mailing, Phone, and Fax) to communicate for transactional purposes related to daily administrative activities such as freeze requests, online purchases, and important service alerts.
Your phone number. If you provide your mobile telephone number, we may use it for our text messaging program. For more information, please see our Terms of Use.
Advertising. We or third parties may use or disclose the information of members, former members, or prospective members to deliver emails, social media posts, etc. to you for our advertising partners, to enable other third parties to market to you, or to create advertising campaigns. This may include enriching information we collect about you with information from third parties.
Third Parties. From time to time, Crunch may make the services of third-party providers available to members and or members’ guests to enhance their Crunch experience. To do so, Crunch will provide the third-party provider with member or member’s guest data to enable the delivery of these services. Crunch does not warrant the quality of these services and does not guarantee that these services will remain available to members or member’s guests for any period of time.
4. Where do we get your personal information?
You. We may collect personal information directly from you, such as when you contact us, place an order, register for a membership, or participate in a contest, promotion, or survey. We may also collect information from you automatically through web technologies such as browser cookies, flash cookies, and web beacons when you visit or use the Site, Services, or open an email from us.
Social media and related services or websites. We may collect information about you through your social media services consistent with your settings on such services or from publicly available websites consistent with their terms and conditions.
Third Parties. We may collect information about you from third parties that are lawfully entitled to share your data with us, such as our franchises, your family and friends, customers, our business partners or advertising partners, services providers, staffing agencies, or your employer.
5. How do we disclose your information?
In general, we will not disclose your PI except with your consent and/or as described in this Policy. We may disclose your PI for the same reasons that we may use it as described in this Policy, as we deem necessary to carry out those purposes. Prior to disclosing your PI to affiliates, vendors, service providers and business partners, we generally require that they comply with applicable privacy laws to ensure the protection of your PI.
For example, we may share or disclose your PI to:
• our affiliated companies and subsidiaries, which are directly or indirectly owned by our parent company, Crunch Holdings, LLC
• our network of independently owned and operated franchises who have a license to operate a Crunch gym to our standards
• third parties at your direction or with your consent; or to your emergency contact or authorized agent or representative
• third-party service providers under appropriate confidentiality and data privacy obligations (only for the purposes identified in this Policy, such as payment processing or fulfillment services)
• third parties that provide advertising, promotional, and marketing services
• third parties for their own advertising and marketing purposes or to enable them to provide their services
• professional services providers such as accountants and attorneys
• third parties in connection with a merger, divestiture, acquisition, reorganization, restructuring, financing transaction, or sale of assets pertaining to a business line
• third parties as required by law or administrative order, including government or regulatory agencies
• third parties as necessary to investigate, establish, or defend against allegations or claims, including enforcing or applying any agreements such as for billing and collection purposes
• third parties as necessary to investigate, prevent, or take action regarding suspected or actual illegal activities or to assist law enforcement agencies
6. Do we use cookies?
Our Site uses cookies and other web technologies to collect and store certain information when you visit or use the Site.
A cookie is a small file consisting of letters and numbers. This file uniquely identifies and recognizes your browser or device and transmits information to the server. We use the following cookies on our Site:
Strictly Necessary/ or Essential Cookies: These cookies are essential to the basic operation of our Site. They help identify you when you sign in, remember the information you input in an online form, enable you to navigate around our Site, use its features, or provide you with services you have requested. Without these cookies, the Site will not perform as smoothly for you as we would like, and we may be unable to provide the Site or certain services or features.
Performance/Analytics Cookies: These cookies gather information about how you use our Site. For example, they help us determine how you interact with our Site so that we can improve it, which pages you open and view most frequently, whether the Site is working properly, and fixing errors. Some of these cookies may be analytics cookies set by third parties that analyze how you use our Site.
Functionality/Personalization Cookies: These cookies help save information you have entered so that the Site can recognize you, remember your username, remember your choices such as font size and color or language, or personalize Site content when you return. The information these cookies collect may be anonymized. These cookies may be set by us or by a third party.
Advertising/ or Targeting Cookies: These cookies help us provide advertising relevant to you, measure its effectiveness, or limit the number of times you have seen it. They may record your visit to our Site, including the links you follow to other sites, so we can tailor our Site, communications, and advertising or remember whether you have visited the Site before. We may share this information with third parties. Some of these cookies may follow you when you leave the Site and travel to other websites so that we can serve personalized ads targeted to your preferences. We may place some of these cookies on your computer or devices (“first party” cookies). Third parties, such as our advertising partners or service providers, may also place cookies on your devices when you visit the Site (“third-party cookies”). These technologies may collect information including details about the device you use to access the Site (e.g., your computer or mobile phone), your IP address, browser type and operating system.
Our Site may also use web beacons. These small electronic files, also known as pixels, help us with functions such as counting Site visitors or for related marketing and media services. We use this information for marketing purposes and to learn more about our audience. For example, these pixels help us determine information including how many people open our emails, click on links, the percentage of recipients who read email on their phones, etc.
The Site uses Facebook meta pixels. This pixel is used for tracking and serving targeted ads. It tracks information such as your page view, view content, search, purchase information, sign up, download, submit form, or user information (IP address, browser information). While this data is anonymized, it is still linked to individual user profiles within Facebook’s ecosystem. This means that while the data shared with advertisers is aggregated and anonymized, Facebook itself retains the ability to connect this data to individual user accounts for targeted marketing.
Exercising Choice. Most browsers will allow you to block or refuse cookies. The Help Menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and how to disable cookies altogether. However, you may need to adjust your preferences manually each time you visit a site. Please note that if you block certain cookies, some of the services and functionalities of our Site may not work, including establishing an account or installing Services.
“Do Not Track”. Do Not Track is a privacy preference you can set in your Internet search browser that sends a signal to a website indicating that you do not want the website operator to track certain browsing information about you. We track Site users over time and across third-party websites; however, we do not currently respond to web browser “Do Not Track” signals or similar mechanisms.
Statistical Data. To monitor the utilization of the Site and Services and continuously improve its quality, we compile statistical information concerning the usage of the Site and Services through analytics services. Examples of this statistical information would include: the number of visitors to the Site, or sections or pages within the Site, patterns of traffic flowing through the Site, length of time spent on the Site, or in sections or pages of the Site, the other sites that refer visitors to the Site, the pages of the Site that visitors frequently use as entry and exit points, utilization of the browser and operating systems and versions used by visitors to the Site. The analytics services may transfer this information to third parties in case of a legal obligation or if a third-party processes data on behalf of that service.
To compile this information, we may collect and store the following data:
• Your operating system version
• Your browser version
• The pages you visit within the Site
• The length of time you spend on pages within the Site
• The Site from which you linked to ours
• Search terms you used in search engines, which resulted in you linking to the Site, etc.
We use Google Analytics 4 which is a cross platform analytics tool. This tool uses data anonymization by default. You can prevent Google Analytics from using your data on our websites by installing the Google Analytics opt-out browser add-on here.
Social Media. Our Site includes social media features including but not limited to Facebook, Instagram, Google, and X “share” buttons. If you use these features, they may collect your IP address and the pages you visit on our Site and set a cookie to enable the feature to function properly. These services will also authenticate your identity and provide you the option to share certain PI with us, such as your name and email address, to pre-populate our sign-up form or provide feedback. Your interactions with these features are governed by the Privacy Policy of the third-party company providing them.
Embedded Content. The Site contains embedded content (e.g., videos). Embedded content may place third-party cookies on your device that track your online activity to enhance your experience or assess the success of their application. We have no direct control over the information these cookies collect, and you should refer to their website privacy policy for additional information. IMPORTANT: BY USING THE SITE AND SERVICES, YOU CONSENT TO THE COLLECTION AND PROCESSING OF PERSONAL INFORMATION FOR THE ANALYTICS PURPOSES AND FUNCTIONS DESCRIBED ABOVE.
7. Links to Third Parties’ Sites and Third-Party Integrations
We may provide links to websites or resources outside of our Site for your informational purposes only. We may also provide links to third-party integrations. Third-party integrations are websites or platforms that synchronize with our Site to provide you with additional functionality, tools, or services such as maps, sending requested information, etc. You acknowledge and agree we are not responsible for the availability of third-party sites, resources, or integrations and do not endorse and are not responsible or liable for any content, advertising, goods, services, or other materials on, available through, or provided by such sites, resources, or integrations. We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of personal information that you provide, or is collected by, such sites. We encourage you to review the privacy policies and terms and conditions on those linked sites.
8. How long do we retain your information?
We retain your PI for as long as necessary, such as to provide you products and Services or while you have an open membership with us. We may retain your PI for longer if it is necessary to comply with our legal or reporting obligations, resolve disputes, collect fees, etc. or as permitted or required by applicable law.
We may also retain your PI in a deidentified or aggregated form so that it can no longer be associated with you.
To determine the appropriate retention period for your PI, we consider various factors such as the amount, nature, and sensitivity of your information; the potential risk of unauthorized access, use or disclosure; the purposes for which we process your PI; and applicable legal requirements.
9. How do we protect your information?
Crunch has implemented a comprehensive data privacy and security program, which includes reasonable technical and organizational measures designed to safeguard and protect the personal information we collect or you share with us. Independent third-party auditors have assessed Crunch‘s operations against recognized security standards and controls on a product-specific basis.
Any payment transactions are encrypted and handled through our third-party payment processors. We do not have access to, store or retain your full credit card number or related financial information.
You are responsible for keeping the password to your membership account confidential. We ask you not to share your password with anyone.
No system for safeguarding personal or other information is 100% secure. Even though we have taken steps to protect your PI from being intercepted, accessed, used, or disclosed by unauthorized persons, we cannot fully eliminate security risks associated with PI.
10. Mobile Apps
We offer a downloadable native member (iOS and Android) app (“App”). You can use this App to book classes, log workouts, and check in to a Crunch club with the digital barcode. The App does not have e-commerce functionality. Our App may collect personal and other information as described in Section 1 that will be used or disclosed in accordance with this Policy. We provide a link to this Policy to persons prior to their downloading of any of our App.
If you allow our mobile App to access your location information on your device, our mobile App may use your mobile device’s Global Positioning System (GPS) technology and other technology (such as wireless transmitters known as beacons) to provide you with information and offers based on the location of your device. Beacons allow us to collect information about your location within participating properties by communicating with mobile devices in range. We may use this location information to enhance your experience by delivering push notifications and other content to your mobile device, providing navigation assistance as you move around our locations, and sending you information and offers about products, services, or activities we believe may be of interest to you.
We may share this information with third parties, including business partners and service providers, to provide information, offers, and services that may be of interest to you. You may prevent or limit the collection of location information by changing the settings in the App or by changing your device settings.
11. Children’s privacy
The Site is not directed to children under the age of eighteen (18) and the products and services on this Site are not intended for persons under the age of sixteen. We intend Crunch’s web pages for general audiences – we do not seek through our Site to gather PI from or about persons under sixteen years of age. If you inform us or we otherwise become aware that we have unintentionally received PI from an individual under the age of sixteen, we will delete this information from our records.
When we collect information for membership inquiry purposes, users are informed they must be at least 18 years of age or have parental consent to provide personally identifying information to us. We encourage parents to monitor children's Internet use to keep them safe while navigating Crunch.com and all other areas of the Internet.
If your child attends Kids Crunch, we collect certain personal information that you provide, as noted in Section 1, above.
12. Access requests
Crunch respects your control over your information, and, upon request, we will confirm whether we hold or are processing PI that we have collected from you. You also have the right to amend or update inaccurate or incomplete PI, request deletion of your PI, or request that we no longer use it. Under certain circumstances, we may not be able to fulfill your request such as when it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort. Still, in any event, we will endeavor to respond to your request within forty five (45) days and provide you with an explanation if we are not able to comply with your request.
Please note that for PI we have obtained about you or received for processing on behalf of a separate, unaffiliated entity – which determined the means and purposes of processing - all such requests should be made directly to that entity. We will honor and support any instructions they provide us concerning your PI.
13. Applicable law
This Policy is governed by the internal substantive laws of New York, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of this Policy shall lie exclusively with the state and federal courts within New York. If any provision of this Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect.
14. Contact us
If you have questions or requests relating to this Policy or your PI, please contact us at www.crunchprivacy.com, which allows you to contact us online, or email us at privacy@crunch.com.
If you no longer want to receive marketing communications from us, you can opt-out of marketing by clicking on the unsubscribe link on any marketing email you receive or at https://info.crunch.com/hs/manage-preferences/unsubscribe-simple.
15. State Specific Notices: California, Colorado, Connecticut, Nevada, Oregon, Virginia, Utah and Texas
If you are a resident of California, Colorado, Connecticut, Nevada, Virginia, Utah, or Texas the following state specific provisions describe our policies and practices in accordance with the applicable state consumer data protection law regarding the collection, use, and disclosure of personal information that we obtain about you when you access or use the Site, our mobile application, and Services or through other channels (e.g., phone and e-mail conversations, viewing our emails, when you visit our locations or attend our events, or through authorized services providers or third parties).
Capitalized terms used in the following state sections shall have the meanings set forth in the applicable state consumer data protection law. The other provisions of this Policy continue to apply except as modified by the state section applicable to you. Please read the relevant state section carefully before using the Site and Services or otherwise submitting your personal information to us.
Except as otherwise noted, any capitalized terms not defined in a state-specific section have the meaning set forth in the Policy and Terms of Use. With the exception of the California section, these state sections do not apply to personal information we obtain about you in a commercial or employment context.
By accessing or using the Site or Services, or otherwise submitting personal information to us, you indicate your understanding that the collection, use, and sharing of your information is subject to the terms of the relevant state section, the Privacy Policy, and our Terms of Use. If you do not consent to the collection, use, and sharing of your personal information as described, please do not use the Site or Services or otherwise provide us with such information.
Consumer Rights. These state-specific sections include rights you may have under the applicable state law and information on how to exercise them. Where permitted by law, we reserve the right to respond only to a verifiable request to exercise a right. A verifiable request may be made by any of the following:
• the Consumer who is the subject of the request,
• a Consumer on behalf of the Consumer’s minor child, or
• a natural person or person registered with the Secretary of State authorized to act on behalf of a Consumer, where permitted by applicable law.
If we request, you must provide sufficient information to verify your identity and/or authority to act on behalf of a Consumer. In general, we may ask you to provide identifying information that we already maintain about you or we may use a third-party verification service. In either event, we will try to avoid asking you for sensitive Personal Information to verify your identity. We may not be able to respond to your request if we cannot verify your identity or authority to make the request and/or confirm the Personal Information relates to you. Please note that making a Consumer request does not require you to create an account with us.
Additionally, you will need to describe your request with sufficient detail to allow us to review, understand, assess, and respond. We will not use the Personal Information we collect from an individual to determine a verifiable request for any other purpose, except as required by law.
Fees. We reserve the right to charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded. If we determine that a request warrants a fee, we will attempt to notify you as to why we made that decision and provide a cost estimate before completing your request. We will attempt to respond to a verifiable Consumer request within forty-five (45) days of receipt, but we may require up to ninety (90) days to respond, under which circumstances we will notify you of the need for an extension.
Response. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the receipt of your verifiable Consumer request.
• California residents: With respect to Personal Information collected on and after January 1, 2022, and to the extent expressly permitted by applicable regulation, you may request that such disclosures cover a period beyond the 12 months referenced above, provided doing so would not be impossible or require a disproportionate effort by us.
Agents. Subject to certain limitations, you may authorize a natural person or a business registered with the applicable Secretary of State to act on your behalf with respect to exercising your rights under a state section. Unless you have provided the authorized agent with a qualifying power of attorney, you must provide your authorized agent with written permission (signed by you) to act on your behalf and verify their identity with us. We reserve the right to deny requests from persons or businesses claiming to be authorized agents that do not submit sufficient proof of their authorization. The following state- specific limitations apply to agents:
• Colorado: An agent may submit only a request to Opt Out of the processing of Personal Data concerning the Consumer for purposes of Targeted Advertising or the Sale of Personal Data.
• Connecticut: An agent may exercise only the right to Opt Out of processing of Personal Data concerning the Consumer for purposes of Targeted Advertising, the Sale of Personal Data, or Profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning the consumer.
• Oregon: An agent may exercise only the right to Opt Out of processing of Personal Data concerning the Consumer for purposes of Targeted Advertising, the Sale of Personal Data, or Profiling.
• Texas: An agent may submit only a request to Opt Out of Targeted Advertising or the selling of Personal Data.
This Site recognizes and processes opt-out preference signals that indicate your intent to opt out of the processing of Personal Information for a Sale or Sharing (see CA rights), a Sale, and or Targeted Advertising.
A. CALIFORNIA RESIDENTS
“Shine the Light Law”: If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information by Crunch to third parties for the third parties’ direct marketing purposes. Requests may be made one time per calendar year. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2018 will receive information regarding 2017 sharing activities). You may submit your request using the contact information at the end of this Policy.
California Consumer Privacy Act (“CCPA”): The following CCPA section supplements and amends the Policy to disclose information about our data processing practices as required by the California Consumer Privacy Act of 2018 (“CCPA”). You can download a PDF version here. This CCPA Section applies solely to individuals who are residents of the State of California (“Consumers” or “you”).
1. Personal Information. The following chart includes the categories of Personal Information we may collect or have collected about California residents and, for each type of Personal Information collected, the categories of third parties to whom we may or have disclosed, Sold, or Shared that Personal Information in the preceding twelve (12) months.
We may add to the categories of Personal Information we collect and the purposes we may use it. In that case, we will inform you by posting an updated version of this CCPA section on the Site.
Please note that Personal Information does not include:
• Publicly available information from government records.
• Deidentified or aggregated Consumer information.
• Information excluded from the CCPA’s scope, such as certain health or medical information and other categories of information protected by different laws.
Under the CCPA, Sell means disclosing Personal Information for monetary or other valuable consideration. Share means disclosing Personal Information for purposes of Cross Contextual Behavioral Advertising regardless of consideration.
We may disclose, Sell, or Share your Personal Information for the purposes listed in Section 2, above, to the following categories of third parties:
• Our related entities, affiliates, or franchisees (e.g., for assistance with advertising or marketing).
• Vendors who provide us with certain services (e.g., security, collections, background checks, benefits administration, fraud protection, app development, etc.)
• Service providers and contractors who collect or process information on our behalf (e.g., Site operation or hosting, fulfillment services, payment authorization and processing, email services, security, product and services customization, marketing and promotional services, website analytics, IT services, cloud storage). These third parties are not authorized to use or disclose Personal Information you provide to us on or through the Site for any purpose other than to perform the services designated by us.
• Third party advertising and marketing companies that assist us with creating marketing profiles, delivering targeted ads, etc.
• Third parties for their own advertising and marketing related purposes, including partner advertisers.
• Reseller and channel partners (e.g., when a reseller sells or provides referrals for Crunch Services and/or third-party partners offer bundles with Crunch Services)
• Business partners (e.g., as part of promotions or events).
• Professional advisors (e.g., lawyers, accountants, auditors, bankers, insurers).
• Social networks.
We may disclose your Personal Information to third parties, as necessary
• When needed by outside auditors and regulators.
• To comply with federal, state, or local laws.
• To comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities.
• To cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith believe may violate federal, state, or local laws.
• To protect you, others, or us.
• To investigate allegations or claims and establish, exercise or defend legal claims.
• In connection with a merger or sale involving all or part of our Site or as part of a corporate reorganization, stock sale or other change of control. Personal Information that we have collected about may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets.
Categories of Personal Information Collected | Categories of Parties to Whom We Disclose Personal Information | Categories of Parties with Whom We Sell/Share Personal Information (as those terms are defined by applicable law) |
Identifiers and other elements described in CA Civ Code Section 1798.80(e). | • Affiliates, direct or indirect affiliates or subsidiaries of our parent company. | • Business or promotional partners. |
Characteristics of protected classifications under California or federal law including gender, age, medical conditions, disability. | • Affiliates, direct or indirect affiliates or subsidiaries of our parent company. | • Business or promotional partners. |
Commercial information. | • Affiliates, direct or indirect affiliates or subsidiaries of our parent company. | • Business or promotional partners. |
Internet or other electronic network activity. | • Affiliates, direct or indirect affiliates or subsidiaries of our parent company. | • Business or promotional partners. |
Geolocation data. | • Affiliates, direct or indirect affiliates or subsidiaries of our parent company. | • Business or promotional partners. |
Biometric information | • Vendors, contractors and service providers. | |
Audio, electronic, visual, thermal, or similar information. | • Affiliates, direct or indirect affiliates or subsidiaries of our parent company. | • Business or promotional partners. |
Education, Professional or Employment-related information. | • Affiliates, direct or indirect affiliates or subsidiaries of our parent company. | • Business or promotional partners. |
Sensitive information | • Affiliates, direct or indirect affiliates or subsidiaries of our parent company. | • Business or promotional partners. |
Children’s Personal Information. | • Affiliates, direct or indirect affiliates or subsidiaries of our parent company. | • Business or promotional partners. |
Consumer profile. | • Affiliates, direct or indirect affiliates or subsidiaries of our parent company. | • Business or promotional partners. |
2. Financial Incentive
Crunch offers free trials, guest passes and opportunities to participate in sweepstakes. While no purchase is necessary, we collect certain personal information which may include your name and email address. If you opt in to receive text messages from us, we will also collect your cell phone number. We use the personal information we collect for lead capture, marketing, research, and product development purposes. The financial incentive we provide in exchange for your personal information (e.g., free trial, guest pass, sweepstakes prize) is reasonably related to the value of your personal information to us. We calculate this value by determining the approximate return on membership enrollment and purchases, the expenses involved in providing the services or prizes and the expenses involved in offering and administering these activities and opportunities. You must opt in to receive a financial incentive (e.g., receive a free trial, guest pass or participate a sweepstakes) and you may opt out at any time by emailing privacy@crunch.com.
3. Your Consumer Rights and How to Exercise Them. The CCPA provides California Consumers with the following rights, subject to certain exceptions:
a. The Right to Opt Out of the Sale or Sharing of Your Personal Information.
a. In certain circumstances, we Sell or Share your Personal Information. To Opt Out of the Sale or Sharing of your Personal Information, please click here: MANAGE MY DATA.
b. This Site also recognizes and processes opt-out preference signals that indicate your intent to opt out of the Sale or Sharing of your Personal Information.
c. We do not have actual knowledge that we have Sold the PI of minors under the age of 16 years.
b. Sensitive Personal Information. We do not use or disclose your Sensitive Personal Information for purposes that, with limited exceptions, are not necessary to provide our products and services as are reasonably expected by an average Consumer requesting those goods and services.
c. Additional Rights:
(i) Right to Know. You have the right to request that we disclose the following to you as it relates to the 12-month period preceding the Company’s receipt of your request:
• The categories of Personal Information we have collected about you.
• The categories of sources from which the Personal Information was collected.
• The business or commercial purpose for collecting, Selling, or Sharing Personal Information.
• The categories of Personal Information we disclosed, Sold, or Shared for a business purpose.
• The categories of third parties to whom we disclosed, Sold or Shared Personal Information, by the category of Personal Information.
• The specific pieces of Personal Information we collected about you.
(ii) Right to Request Correction of Your Personal Information. You have the right to request that we correct any inaccurate Personal Information we maintain about you.
(iii) Right To Request Deletion of Your Personal Information. You have the right to request that we delete Personal Information we collected or maintain about you. Upon receipt of a verifiable request and as required by the CCPA, we will delete and direct any Service Providers, Contractors, and Third Parties to delete your PI from their records.
Where we process your personal information based on your consent, you may withdraw it; however, we may be unable to provide certain Services.
To submit a California Consumer Rights request to Know, Delete, Correct or Withdraw Consent please contact us at (888) 415-1388 or please click here: MANAGE MY DATA.
d. Nondiscrimination. We will not discriminate against you for exercising any of your CCPA rights. For example, we generally will not provide you a different level or quality of goods or services if you exercise your rights under the CCPA.
B. COLORADO RESIDENTS
The following Colorado section supplements and amends the Policy to disclose information about our data processing practices and your rights as required by the Colorado Privacy Act (“CPA”). This CPA section applies solely to individuals who are residents of the State of Colorado (“Consumers” or “you”).
1. Purposes for Collecting and Processing Your Personal Data.
Categories Personal Information Collected | Purposes for Collecting and Processing Your Personal Data |
Identifiers and other contact information such as your name, address, unique personal identifier, online identifier, IP address, email address, account name, Social Security number, driver’s license number, photo, signature, characteristics or description, bank account number, credit card number. | • To communicate with you by phone, email, or text message. |
Gender, pregnancy, age, mental or physical disability, medical condition, military or veteran status. | • To provide the information, products, and services you request. |
Commercial information such as services purchased, obtained, or considered or other purchasing or consuming histories or tendencies. | • To provide and operate our Site and Services, including managing your account. |
Internet or other electronic network activity such as browsing history, search history, and a consumer’s interaction with an internet website, application, or advertisement. | • To provide and operate our Site and Services, including managing your account. |
Geolocation data such as location information while using one of our apps. | • To communicate with you by phone, email, or text message. |
Biometric information | • To identify you; for security and fraud prevention; to provide and operate our Services. |
Audio, electronic, visual, thermal, or similar information such photos, identifiable information obtained about you while speaking with our customer service representatives on the telephone or CCTV footage. | • To communicate with you. |
Educational, professional or employment-related information. | • To communicate with you by phone, email, or text message. |
Children’s Personal Information. | • To communicate with you. |
Sensitive Data | • To communicate with you by phone, email, or text message. |
Consumer profile which may include inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, and behaviors. | • To provide analysis or valuable data back to our customers, users, and employees. |
2. Your Consumer Rights and How to Exercise Them.
Colorado Consumers have specific rights with respect to Personal Data we collect about them. Subject to verification and certain limitations, these rights include the following:
a. Disclosing and Selling Personal Data. Crunch Sells, as that term is defined by the CPA, and discloses your Personal Data to the categories of third parties listed in section 15.A.1, above. To opt out of the Sale of your Personal Data, please click here: MANAGE MY DATA.
b. Targeted Advertising. Crunch processes your Personal Data for Targeted Advertising. To opt out of the processing of your Personal Data for Targeted Advertising, please click here: MANAGE MY DATA.
c. Profiling. We do not process Personal Data for Profiling in furtherance of decisions that produce legal or similarly significant effects concerning a Consumer.
d. Additional Rights:
i. Right to Confirmation and Access. You have the right to request that we confirm whether we are processing your Personal Data and to access such data.
ii. Right to Request Correction of Your Personal Data. You have the right to request that we correct any inaccurate Personal Data we maintain about you.
iii. Right To Request Deletion of Your Personal Data. You have the right to request that we delete Personal Data we collected or maintain about you.
iv. Right to Obtain a Copy. You have the right to obtain a copy of your Personal Data in a portable and, to the extent technically feasible, readily usable format up to two times in per calendar year.
Where we process your personal information based on your consent, you may withdraw it; however, we may be unable to provide certain Services.
To submit a request to Access, Correct, Delete, Obtain a Copy, or Withdraw Consent please contact the Company by calling (888) 415-1388 or please click here: MANAGE MY DATA.
If we deny your request, you may appeal our decision by emailing privacy@crunch.com.
C. CONNECTICUT RESIDENTS
The following Connecticut section supplements and amends the Policy to disclose information about our data processing practices and your rights as required by the Connecticut Act Concerning Personal Data Privacy and Online Monitoring (CTDPA). This CTDPA section applies solely to individuals who are residents of the State of Connecticut (“Consumers” or “you”).
1. Your Consumer Rights and How to Exercise Them.
Crunch collects from Connecticut residents the categories of Personal Data set forth in Sections 1 and 15.A.1.
Connecticut Consumers have specific rights with respect to Personal Data we collect about them. Subject to verification and certain limitations, these rights include the following:
a. Disclosing and Selling Your Personal Data. Crunch Sells, as that term is defined by the CTDPA, and discloses your Personal Data to the categories of third parties listed in section 15.A.1, above. To opt out of the Sale of your Personal Data, please click here: MANAGE MY DATA.
b. Targeted Advertising. Crunch processes your Personal Data for Targeted Advertising. To opt out of our processing your Personal Data for Targeted Advertising, please click here: MANAGE MY DATA.
c. Profiling. We do not process Personal Data for Profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning a Consumer.
d. Additional Rights:
i. Right to Confirmation and Access. You have the right to request that we confirm whether we are processing your Personal Data and to access such data.
ii. Right to Request Correction of Your Personal Data. You have the right to request that we correct any inaccurate Personal Data we maintain about you.
iii. Right To Request Deletion of Your Personal Data. You have the right to request that we delete Personal Data we collected or maintain about you.
iv. Right to Obtain a Copy. You have the right to obtain a copy of your Personal Data in a portable and, to the extent technically feasible, readily usable format where the processing is carried out by automated means.
Where we process your personal information based on your consent, you may withdraw it; however, we may be unable to provide certain Services.
To submit a request to Access, Correct, Delete, Obtain a Copy, or Withdraw Consent please contact the Company by calling (888) 415-1388 or please click here: MANAGE MY DATA.
If we deny your request, you may appeal our decision by emailing privacy@crunch.com.
D. NEVADA RESIDENTS
The following Nevada section supplements and amends the Policy to disclose information about our data processing practices and your rights as required by NRS 603A. This section applies solely to individuals who are residents of the State of Nevada (“Consumers” or “you”).
Nevada law requires that we notify Nevada Consumers of their right to submit a verified request instructing us not to Sell any of the Covered Information we have collected or will collect about them through our Site.
To submit your request, please click here: MANAGE MY DATA.
Please note that we do not Sell Consumer Covered Information. For purposes of this section, Sell means the exchange of Covered Information for monetary consideration by us to a person who will license or sell that information to additional persons. Covered information means a name, physical address, email address, phone number, Social Security number, an identifier that allows you to be contacted physically or online, and any other information collected from you through the Site in combination with an identifier that makes the person’s information personally identifiable.
E. OREGON RESIDENTS
The following Oregon section supplements and amends the Policy to disclose information about our data processing practices and your rights as required by the Oregon Consumer Protection Act (“OCPA”). This OCPA section applies solely to individuals who are residents of the State of Oregon (“Consumers” or “you”).
1. Your Consumer Rights and How to Exercise Them.
Crunch collects from Oregon residents the categories of Personal Data set forth in Sections 1 and 15.A.1.
Oregon Consumers have specific rights with respect to Personal Data we collect about them. Subject to verification and certain limitations, these rights include the following:
a. Disclosing and Selling Your Personal Data. Crunch Sells, as that term is defined by the OCPA, your Personal Data to the categories of third parties listed in section 15.A.1, above. To opt out of the Sale of your Personal Data, please click here: MANAGE MY DATA.
b. Targeted Advertising. Crunch processes your Personal Data for Targeted Advertising. To opt out of our processing your Personal Data for Targeted Advertising, please click here: MANAGE MY DATA.
c. Profiling. We do not process Personal Data for Profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning a Consumer.
d. Additional Rights:
i. Right to Confirmation. You have the right to request that we confirm whether we are processing your Personal Data.
ii. Right to Request Correction of Your Personal Data. You have the right to request that we correct any inaccurate Personal Data we maintain about you.
iii. Right To Request Deletion of Your Personal Data. You have the right to request that we delete Personal Data we collected or maintain about you.
iv. Right to Obtain a Copy. You have the right to obtain a copy of your Personal Data in a format that to the extent technically feasible, is portable and readily usable format, and allows you to transmit the data to another controller without impediment, where the processing is carried out by automated means.
To submit a request to Access, Correct, Delete or Obtain a Copy, please contact the Company by calling (888) 415-1388 or please click here: MANAGE MY DATA.
Where we process your personal information based on your consent, you may withdraw it; however, we may be unable to provide certain Services.
If we deny your request, you may appeal our decision by emailing privacy@crunch.com.
F. UTAH RESIDENTS
The following Utah section supplements and amends the Policy to disclose information about our data processing practices and your rights as required by the Utah Consumer Privacy Act (“UCPA”). This UCPA section applies solely to individuals who are residents of the State of Utah (“Consumers” or “you”).
1. Your Consumer Rights and How to Exercise Them.
Crunch collects from Utah residents the categories of Personal Data set forth in Sections 1 and 15.A.1.
Utah Consumers have specific rights with respect to Personal Data we collect about them. Subject to verification and certain limitations, these rights include the following:
a. Disclosing and Selling Your Personal Data. Crunch Sells, as that term is defined by the UCPA, your Personal Data to the categories of third parties listed in section 15.A.1, above. To opt out of the Sale of your Personal Data, please click here: MANAGE MY DATA.
b. Targeted Advertising. Crunch processes your Personal Data for Targeted Advertising. To opt out of our processing your Personal Data for Targeted Advertising, please click here: MANAGE MY DATA.
c. Additional Rights:
v. Right to Confirmation and Access. You have the right to request that we confirm whether we are processing your Personal Data and to access such data.
vi. Right To Request Deletion of Your Personal Data. You have the right to request that we delete Personal Data we collected or maintain about you.
vii. Right to Obtain a Copy. You have the right to obtain a copy of your Personal Data that you previously provided to us in a format that to the extent technically feasible, is portable and readily usable format, and allows you to transmit the data to another controller without impediment, where the processing is carried out by automated means.
To submit a request to Access, Delete or Obtain a Copy, please contact the Company by calling (888) 415-1388 or please click here: MANAGE MY DATA.
G. VIRGINIA RESIDENTS
The following Virginia section supplements and amends the Policy to disclose information about our data processing practices and your rights as required by the Virginia Consumer Privacy Act (“VCDPA”). This VCDPA section applies solely to individuals who are residents of the State of Virginia (“Consumers” or “you”).
1. Your Consumer Rights and How to Exercise Them.
Crunch collects from Virginia residents the categories of Personal Data set forth in section 15.A.1.
Virginia Consumers have specific rights with respect to Personal Data we collect about them. Subject to verification and certain limitations, these rights include the following:
a. Disclosing and Selling Your Personal Data. Crunch Sells, as that term is defined by the VCDPA, and discloses your Personal Data to or with the categories of third parties listed in section 15.A.1, above. To opt out of the Sale of your Personal Data, please click here: MANAGE MY DATA.
b. Targeted Advertising. Crunch processes your Personal Data for Targeted Advertising. To opt out of our processing your Personal Data for Targeted Advertising, please click here: MANAGE MY DATA.
c. Profiling. We do not process Personal Data for Profiling in furtherance of decisions that produce legal or similarly significant effects concerning a Consumer.
d. Additional Rights:
i. Right to Confirmation and Access. You have the right to request that we confirm whether we are processing your Personal Data and to access such data.
ii. Right to Request Correction of Your Personal Data. You have the right to request that we correct any inaccurate Personal Data we maintain about you.
iii. Right To Request Deletion of Your Personal Data. You have the right to request that we delete Personal Data we have collected about you.
iv. Right to Obtain a Copy. You have the right to obtain a copy of your Personal Data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format where the processing is carried out by automated means.
Where we process your personal information based on your consent, you may withdraw it; however, we may be unable to provide certain Services.
To submit a request to Access, Correct, Delete, Obtain a Copy, or Withdraw Consent please contact the Company by calling (888) 415-1388 or please click here: MANAGE MY DATA.
If we deny your request, you may appeal our decision by emailing privacy@crunch.com.
H. TEXAS RESIDENTS
The following Texas section supplements and amends the Policy to disclose information about our data processing practices and your rights as required by the Texas Data Privacy and Security Act (TDPSA). This TDPSA section applies solely to individuals who are residents of the State of Texas (“Consumers” or “you”).
1. Your Consumer Rights and How to Exercise Them.
Crunch collects from Texas residents the categories of Personal Data set forth in Sections 1 and 15.A.1.
Texas Consumers have specific rights with respect to Personal Data we collect about them. Subject to verification and certain limitations, these rights include the following:
a. Disclosing and Selling Your Personal Data. Crunch Sells, as that term is defined by the TDPSA, and discloses your Personal Data to the categories of third parties listed in section 15.A.1, above. To opt out of the Sale of your Personal Data, please click here: MANAGE MY DATA.
b. Targeted Advertising. Crunch processes your Personal Data for Targeted Advertising. To opt out of our processing your Personal Data for Targeted Advertising, please click here: MANAGE MY DATA.
c. Profiling. We do not process Personal Data for Profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning a Consumer.
d. Additional Rights:
i. Right to Confirmation and Access. You have the right to request that we confirm whether we are processing your Personal Data and to access such data.
ii. Right to Request Correction of Your Personal Data. You have the right to request that we correct any inaccurate Personal Data we maintain about you.
iii. Right To Request Deletion of Your Personal Data. You have the right to request that we delete Personal Data we collected or maintain about you.
iv. Right to Obtain a Copy. You have the right to obtain a copy of Personal Data that you previously provided in a portable and, to the extent technically feasible, readily usable format.
Where we process your Personal Data based on your consent, you may withdraw it; however, we may be unable to provide certain Services.
To submit a request to Access, Correct, Delete, Obtain a Copy, or Withdraw Consent please contact the Company by calling (888) 415-1388 please click here: MANAGE MY DATA.
If we deny your request, you may appeal our decision by emailing privacy@crunch.com.
16. Accessibility
Consumers who have a visual disability may be able to use a screen reader or other text-to-speech or text-to-Braille tool to review the contents of this notice. You may also contact privacy@crunch.com if you wish to obtain a copy of this CCPA Section in an alternative format.
17. How can you contact Crunch?
If you have questions regarding our Privacy Policy, our website, or how we use your data, please email privacy@crunch.com. To exercise any rights you may have, please click here: MANAGE MY DATA. For other inquiries about our clubs, please contact us here: CONTACT A CRUNCH GYM.
Or you may send us a request via mail to Crunch Headquarters, at Crunch LLC, PO Box 1918, Old Chelsea Station, NY 10011.
Your feedback is always welcome and appreciated.