Smash Gyms Privacy Policy
Effective Date: January 1, 2019
Please read below to see how Smash Gyms (“SMASH GYMS”) handles information. SMASH GYMS
respects the privacy and security of data you may submit to SMASH GYMS’s websites and the related
mobile applications and services (collectively, the “Services”). This privacy policy (the “Privacy Policy”)
explains our information gathering and dissemination practices and our data protection practices for the
Services. Please read this policy carefully. If you do not agree to this Privacy Policy, please do not use the
Services or give us any of your information. The terms “Smash Gyms”, “SMASH GYMS”, “we”, “us”, and
“our” refer to SMASH GYMS and any subsidiaries and affiliates. The terms “you”, “your”, and “yours”
refer to the user/customer using the Services. The words “include” and “including,” and variations thereof,
are not terms of limitation, but are deemed to be followed by the words “without limitation;” This Privacy
Policy is governed by our Terms of Use.
Questions or comments about this Privacy Policy may be submitted by mail to the address below or via
https://SmashGyms.com/contact/.
Smash Gyms, Inc.
1239 Reamwood Ave
Sunnyvale 94089
Information Collected
SMASH GYMS collects information about you, including personally identifiable information (which
means any information which can be used to identify an individual), if you choose to share it with SMASH
GYMS, register an account, or if you use the Services. SMASH GYMS also collects information about
how you use the Services. There are several opportunities for you to share information about yourself and
your activities with SMASH GYMS, including your name, physical address, email address, gender, age,
equipment usage, activities, profile photo and other pictures. You may also submit other content relevant to
your use of the Services. In addition, SMASH GYMS will collect your credit card or other payment
information if you choose to utilize the portions of Services requiring the collection of such information.
If you elect to use location-based features via the Services, then the physical location of your device will be
collected. You are able to disallow our use of certain location data through your device or browser settings
but this may prevent the Services from functioning as intended.
The Services may access your contacts’ information to in order to allow to you to use certain features of the
Services as intended. If you choose to use these features, SMASH GYMS will access and store your
contacts’ information. You may delete your contacts’ information by contacting us at any time via
https://SmashGyms.com.
SMASH GYMS allows you to sign up and log in to the Services using accounts you create with third-party
products and services, such as Facebook or Google (collectively, “Third-Party Accounts”). These Third-
Party Accounts may ask your permission to share certain information from your Third-Party Account with
SMASH GYMS. We use this information to verify your identity as well as to provide you with features of
Services. This information may include your first and last name, email address, profile information and
preferences with the applicable Third-Party Account. This information is collected by the Third-Party
Account provider and is provided to SMASH GYMS under their privacy policies. You can generally
control the information that we receive from these sources using the privacy settings in your Third-Party
Account. You can deactivate your account with SMASH GYMS at any time by contacting us at any time
via https://SmashGyms.com/contact/.
When you make a payment through our payment page, we may collect information from you to process
your payment. This personal information may include your name, address, phone, email address, your
credit card information and payment amount. We use Payment Card Industry certified third-party payment
services and do not store your credit card information.
We endeavor to limit our requests for personally identifiable information to information we believe is
reasonably necessary to achieve our purposes and provide Services. Any personally identifiable
information received in communication or in material you transmit by electronic mail or otherwise are and
will be treated in accordance with this Privacy Policy. When you use the Services we also collect non-
personally identifiable information, which is information that by itself cannot be used to identify or contact
you, such as demographic information (such as age or gender) or usage information (such as the browser
you are using, the URL that referred you to the Services or the parts of the Services you visit). We may also
supplement the information we collect with information from other sources to assist us in evaluating and
improving the Services.
How Information is Collected and Stored
SMASH GYMS collects information you provide to us. When you register, and agree to our Terms of
Service, you must provide personal information such as your name and email address. You may also
upload location-based information to the Services. You may also post photos and communicate with other
members. You may also provide additional personal information or payment information to complete your
member profile or make purchases.
SMASH GYMS also automatically collects a variety of technical information, including location, device
and network information, cookies, log files and analytics services.
Cookies
We use cookies and other similar technologies in order to, among other things, remember preferences, track
conversions, conduct marketing and promotional efforts, analyze site traffic and trends, and generally
understand the online behaviors and interests of people who use the Services. SMASH GYMS’s cookies do
not contain any personally identifying information. SMASH GYMS may also use cookies to assist it in
delivering content specific to your interests. If you have any questions about opting out of the collection of
cookies and other tracking/recording tools, please contact us. You may utilize the features of your browser
to manage how your browser stores cookies. Not accepting cookies may make certain features of the
Services unavailable to you. SMASH GYMS may also use your IP address to identify you, to administer
the Services and to assist in diagnosing problems with SMASH GYMS’s servers.
Logs
The Services uses log files. Stored information includes IP addresses, browser type, internet service
provider (ISP), referring/exit pages, platform type, date/time stamp, and click information. This information
is used to analyze trends, administer the Services, track member movement in the aggregate, and gather
broad demographic information for aggregate use. IP addresses, etc., may be linked to login information
used for the Services.
Analytics
SMASH GYMS uses third party analytics providers to understand how the Services are used and to help us
improve the Services. We may also use third parties, such as Google Analytics and Mixpanel, to provide
measurement and analytic services. You can find more information on Google Analytics by visiting
https://tools.google.com/dlpage/gaoptout.
Third Parties
SMASH GYMS may collect personally identifiable information about your activities over time and across
third-party websites or online services when you use the Services. We may obtain additional information
about you from third parties such as marketers, partners, researchers, and others. We may combine
information that we collect from you with information obtained from such third parties and information
derived from any other subscription, product, or service we provide.
SMASH GYMS is committed to providing you choices to manage your privacy and sharing. However,
SMASH GYMS does not recognize or respond to browser-initiated Do Not Track signals, as the internet
industry has not fully developed Do Not Track standards, implementations and solutions.
How SMASH GYMS Uses Information
SMASH GYMS primarily uses the information we collect to administer and operate the Services. We also
use your information to analyze, develop and improve the Services. We may also use your information to
market the services, credit or accept payments, provide support related to the Services, protect members
and enforce our Terms of Service, promote safety, and communicate with you. Additionally, your
information may be shared with third parties, as set forth below.
How Information is Shared
Sharing Information
Subject to your privacy settings and your use of the Services, you may share your information, including
your profile, username, photos, gyms you belong to, and your check-ins. If you link your SMASH GYMS
account to other social networks and share your use of the Service, your information may be viewable
outside the Services. If you choose to share or post your location information via such third parties, it is
possible that unintended people could have access to such information. These features may also collect
your IP address and information regarding how you are using the Services, and may set a cookie to enable
the feature to function properly. Your interaction with these features are governed by the privacy policy of
the relevant platform. Please refer to the privacy policies of those social sharing services for more
information
Publicly Available Information
Subject to your privacy settings, your information and content may be publicly accessible. The Services
may allow you to post or share content to a public area of the Services such as a public profile, public feed,
or other public area. You should be aware that any content or information you choose to disclose in these
areas can be read, collected and used by other users, the general public and other sites (including search
engines). We are not responsible for, and this Privacy Policy does not apply to, information you may
choose to post in these areas.
Third Party Businesses
When you use third party apps, plug-ins, or websites that integrate with the Services, they may receive your
information and content, including your personal information, photos, and your check-in data (including
private check-ins). Information collected by these third parties is subject to their terms and policies.
SMASH GYMS is not responsible for the terms or privacy policies of third parties.
Within SMASH GYMS
We may share your information and content within SMASH GYMS to operate, improve, or promote the
Services.
Service Providers
We may share your information with third parties who provide services to SMASH GYMS for things like
supporting and improving the Services, promoting the Services, or processing payments. These third parties
may include venues, studios, and instructors. These service providers will only have access to the
information necessary to perform these limited functions on our behalf and are required to protect and
secure your information. We may also use service providers to collect information about your use of the
Services over time so that we or they may promote SMASH GYMS or display information that may be
relevant to your interests on the Services or other websites or services.
Affiliates and Acquirors
We may share your information with affiliates under common control with us, who are required to comply
with the terms of this Privacy Policy with regard to your information. If SMASH GYMS becomes involved
in a business combination, securities offering, bankruptcy, reorganization, dissolution or other similar
transaction, we may share or transfer your information in connection with such transaction.
Aggregated and De-Identified Information
SMASH GYMS may modify, de-identify and aggregate the information, data, text, sound, photographs,
graphics, video, messages, or other materials you make available in connection with the Services
(“Content”), in ways that do not personally identify you or contain personally identifiable information.
Examples of such aggregated information or data include information about classes and usage and check-in
information. SMASH GYMS may use, sell, license, and share this information with third parties for
research, business or other purposes. If you make information or content publicly available on the Services,
such information, even when aggregated, is capable of being publicly viewed and possibly associated with
you.
With Consent
We may share your information if (a) you direct us to do so or (b) you otherwise consent to such sharing.
Legal Requirements
We may share your information with third parties, including law enforcement, public or governmental
agencies, or private litigants, within or outside your country of residence, if we determine that disclosure is
reasonably necessary to comply with the law, including to respond to court orders, warrants, subpoenas, or
other legal or regulatory process. We may also disclose your information if we determine that disclosure is
reasonably necessary or appropriate to prevent any person from death or serious bodily injury, to address
issues of national security or other issues of public importance, to prevent or detect violations of our Terms
of Service or fraud or abuse of SMASH GYMS or its members, or to protect our operations or our property
or other legal rights, including by disclosure to our legal counsel and other consultants and third parties in
connection with actual or potential litigation.
Unforeseeable Disclosures
Your personally identifiable information may be disclosed to third parties in unforeseeable situations that
are not preventable even when commercially reasonable protections are employed, such as in the case that
SMASH GYMS or the Services is subject to a hacking or other attack. In the event of such an occurrence,
we will notify you as soon as commercially reasonable.
How We Protect Information
We are committed to safeguarding the collection, transmission and storage of the data we collect. SMASH
GYMS takes reasonable steps to safeguard the confidentiality of the information we collect. These steps
depend on the sensitivity of the data that we collect, process, and store. We do not guarantee or warrant the
security of the information you share with us and we are not responsible for the theft, destruction, loss or
inadvertent disclosure of your information or content.We encrypt Personally Identifiable Information
during transmission to us by using Secure Sockets Layer (SSL) software. In addition, SMASH GYMS’s
secure servers protect this information using commercially reasonably technology.
How to Modify Privacy Settings
SMASH GYMS offers several features and settings to help you manage your privacy and how you share
your activities. Most privacy settings are located in your privacy settings page, but some are specific to
individual features. SMASH GYMS provides you the option to make certain of your information private.
To manage your privacy settings, please visit the appropriate parts of the Services.
How to Opt Out or Adjust Notification and Email Preferences
We offer various ways to opt-out of our notifications. This means we assume you have given us your
consent to collect and use your information in accordance with this Privacy Policy unless you take
affirmative action to indicate that you do not consent, for instance by clicking or checking the appropriate
option or box at the point of collection.
To choose to stop receiving certain emails from SMASH GYMS, please follow the unsubscribe instructions
within each email communication or contact us at https://smashgyms.com . SMASH GYMS will not
provide or share any mailing lists or other information about you to another company or service other than
as set forth in this Privacy Policy. Any administrative or service related emails (e.g. to confirm a purchase,
or an update to the Terms of Service, etc.) generally do not offer an option to unsubscribe as they are
necessary to provide the service you requested.
Updating Account Information
You may correct, amend or delete submitted account information that is inaccurate at any time by adjusting
that information in your account settings. If you need further assistance, please contact SMASH GYMS at
https://SmashGyms.com/contact/ . SMASH GYMS will generally respond to your request within 7-10
business days.
Privacy Policy Information
By using the Services, you agree to this Privacy Policy. SMASH GYMS reserves the right to modify this
Privacy Policy at any time. If SMASH GYMS makes changes to this Privacy Policy, the updated Privacy
Policy will be posted on the Services. If the changes are significant, we will provide a prominent notice.
The date of the most recent update of this document will always be displayed at the beginning of this page.
We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting
the Personally Identifiable Information we collect. If you object to any of the changes to Privacy Policy,
you may cease using the Services and deactivate your account. Using the Services after a notice of changes
has been communicated to you or published on the Services shall constitute your agreement to the changes.
United States
The Services are operated from the United States. If you are located outside of the United States and choose
to use the Services or provide information to us, your information will be transferred, processed and stored
in the United States. United States privacy laws may not be as protective as those in your jurisdiction. You
acknowledge and consent to this practice.
Disclaimer
While SMASH GYMS continues to work hard to protect your personal information, no data transmission
over the Internet can be guaranteed to be absolutely secure, and SMASH GYMS cannot ensure or warrant
the security of any information you transmit to SMASH GYMS. Transmitting personal information is done
at your own risk.
Retention of Information
We retain information as long as it is necessary and relevant for our operations. Information about you that
is no longer necessary and relevant for our operations will be de-identified and/or disposed of securely. In
addition, we may retain information from closed accounts to comply with the law, prevent fraud, collect
fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Services’ terms and
conditions and take other actions permitted by law. The information we retain will be handled in
accordance with this Privacy Policy.
You may request deletion of your personally identifiable information at any time by contacting us
at https://SmashGyms.com/contact/ to request account deletion. Once deactivated, your account and related
information cannot be reinstated.
When you delete your user account, certain personal information will be de-associated with the account and
deleted, such as your e-mail, name, address, and profile photo. Additionally, your Third-Party Account
information will be immediately de-associated with your account. We may, however, keep a record of your
deletion for up to 30 days following your deletion of an account. Additionally, we may keep system logs,
which may be associated with your account for up to 30 days following your deletion of an account.
When you delete your account, we may retain geolocation information to continue to improve the Services.
Upon deletion of your account, however, this information cannot be viewed by other users and will be de-
associated with your name and other identifiers.