Gympass Privacy Policy

Welcome to Gympass! We at Gympass know you care about how your Personal Data is used and shared, and we take your privacy seriously. 

This Privacy Policy, incorporated into our Terms and Conditions of Use (“Terms”), describes the privacy practices of Gympass (“Gympass,” “we,” or “us”). Any terms we use in this policy without defining them have the definitions given to them in our Terms. By accessing or using our Services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy. 

 

I. What does this Privacy Policy cover?

Gympass offers eligible employees, qualifying Family Members, and others the opportunity to purchase a Gympass subscription. The Gympass subscription provides access to the services and content of our Third Party Providers. Our network of Third Party Partners varies by location, by subscription level, and by the fitness or wellness services offered.

This Privacy Policy covers the data we collect about you (the “Personal Data”) (either from you, from your employer, from a Third Party Provider, or from others) and how we store, analyze, and share your Personal Data. This Policy does not apply to the practices of companies we do not own or control, including your employer, Third Party Provider, or other third parties. 

We gather various types of Personal Data from you, as explained in more detail below, and we use this Personal Data internally in connection with our Services, including to personalize, provide, and improve our Services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, and to fulfill your requests for certain products and services. In certain cases, we may also share some Personal Data with third parties, as described below.

 

II. Does Gympass collect Personal Data from children?

As noted in our Terms, you must be at least 16 years of age to register for Gympass Services and become a Gympass member. While individuals under the age of 16 may utilize the service through a Family Member account in some circumstances, they may do so only with the involvement, supervision, and approval of a parent or legal guardian as the primary account holder.  If you extend the registration opportunity to a child and authorize payment for this account, you are expressly consenting to the collection and use of the child’s Personal Data in accordance with this Privacy Policy. If you are a parent or guardian of a minor who has registered for or used the Services without your consent, please contact us and we will delete any personal data collected as quickly as possible.

 

III. Will Gympass ever change this Privacy Policy?

We are constantly improving our Services, so we may need to change this Privacy Policy from time to time. If you decide to use and/or access the Services after any changes to the Privacy Policy have been posted, you have expressly consented to such changes and the revised Privacy Policy will apply.

 

IV. What information does Gympass collect? 

We may collect Personal Data from you when you access and use our Services. The Personal Data that you provide directly to us through your interactions with our Services and Third Party Providers will typically be apparent from the context in which you provide that information. Gympass may also automatically collect certain Personal Data and information from you while you interact with our Services. We may also receive information about you from various sources to support and improve our Services, including your employer or other organization who is enabling your Subscription, the Third Party Providers in our network, and public databases. Certain data may be required to register with us or to take advantage of some of our features.

Eligibility Information. To offer you our Services and confirm your eligibility, we may collect Personal Data from your employer (or, in the case of a qualifying Family Member, the employee who sponsors you), or other third party, which may include first and last name, work email, employee ID or another personal identifier, and/or your status as an active employee. 

Contact and Registration Information. If you access our website or app and/ or register for an account, we will collect Personal Data such as your first and last name, username and password, email, mobile or other phone number, mailing address, and zip code, as well as any other Personal Data you choose to provide, including a profile picture and your preferred location. If you have registered for an account, you may log in to review and update your information and preferences. If you contact Gympass directly by inquiring about Gympass, signing up for one of our blogs or mailing lists, providing a testimonial or review, or entering a sweepstakes or contest we may offer, then we may collect information you provide, such as name, email, mobile or other phone number, mailing address and postal code, and/or social media information.

Transaction Information. If you become a Gympass member and utilize a credit/ debit account, we will collect information related to the payment for our Services, such as your credit/ debit card information, billing address, and other related transaction information, either directly or through our payment provider. If you pay for our Services by requesting that your employer debit your paycheck, we will receive confirmation of the transaction from your employer.

Social Media Apps. If you link your Gympass account to any social media profile, or otherwise interact with us through a social media site (e.g., by logging in through Facebook or by clicking a Facebook “like” button), the social media network may share information with us. You can access and revise your information-sharing practices in the privacy settings of such social media sites.

Usage Information. We will collect information about how you interact with and use our Services, such as your “check-in” with a Third Party Provider or other proof of your access and/or use of the Services of a Third Party Provider, virtual or in-person classes that you book and/or attend, workouts you log, and information that you provide regarding a Third Party Provider (e.g. your review of a class that you attended). 

Communications, Surveys and Reviews. We will also collect information when you communicate with us, such as through emails or other communications that you send us, exchanges through the website or app, or exchanges through social media. If we ask you to provide feedback by completing a survey or by offering a testimonial or review, we will collect any information you choose to provide. 

Data Collected Automatically. When you interact with our Services, either on our website or through our mobile app, we automatically receive and record data on our server logs from your browser or device, which may include your IP address, geolocation data, device identification, “cookie” data (please see below), the type of browser and/or device you’re using to access our Services, and the page or feature you requested and time of access. We may use this data to provide a customized experience for you based on your usage patterns, for remarketing, or other analysis. We may also use it to improve the Services – for example, this data can tell us how often Users use a particular feature, which we can use to enhance our user experience.

 

V. Does Gympass use cookies? 

“Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. Through cookies, we may collect data about your online activity after you leave our Services. For more information, please review our Cookie Policy. Just like any other usage data we collect, this data allows us to improve the Services and customize your online experience. Our Services do not currently support “Do Not Track” requests, which means that we collect data about your online activity while you are using the Services.

We use cookies for the following purposes:

  1. Authentication and login status. We use cookies to identify you when you open our website and to know whether you’re logged in to our website 
  2. Advertising. We use cookies to help us identify your usage patterns on our website and app and to help us display advertisements which are relevant to you
  3. Analytics. We use Google Analytics to analyze the use of our website and our app. Google collects data about website and app use through cookies and uses this data to create reports about the use of our website and app. Through Google's Privacy Policy, you can make choices regarding these collection methods.

You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features. Again, this Privacy Policy does not cover the use of cookies by any third parties, and we are not responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device.

 

VI. How does Gympass use my Personal Data?

We use your Personal Data to provide you with our Services, confirm eligibility for and administer your subscription, respond to your inquiries, deliver a more relevant experience with our Services and Third Party Providers, and to meet our other business purposes. We may also use your Personal Data in order to facilitate the administration of your account through your employer or a wellness solution platform that your employer has engaged in order to offer you our Services. We may use this data to contact you or to cross-reference it with other Personal Data we may hold about you in accordance with this Policy. Specifically, we may use your Personal Data for the following purposes:

Administering Your Account. We process your Personal Data to fulfill our contractual relationship with you as a member or recipient of our Services, including by providing you with administrative and usage support. We also use your Personal Data to invite you to join or enroll in a Subscription plan,  determine if you are eligible for our Services, facilitate payment for our Services, and, in some circumstances, confirm your use of our Services as part of your employer’s wellness program.

Promotional and Marketing Communications. We may communicate with you, if you provide us the means to do so.  For example, we may use your Personal Data to provide special offers, promotions, and information about Gympass and our Services. By providing us with your wireless phone number, email address or social media account credentials, you confirm that you want Gympass to send you data we think may be of interest to you through those channels, including but not limited to Gympass offers, promotions and updates.  Where applicable law requires, we will obtain your consent to send you marketing communications. If you do not want to receive email communications from us, please indicate your preference by clicking the unsubscribe link that will appear in all communications or by contacting us. Gympass will use all reasonable efforts to perform your unsubscribe request without undue delay as required by applicable law. However, even if you opt out of marketing communications, you will continue to receive administrative and operational communications from us, such as notices regarding bookings or billing.  

Business Purposes. We may use your Personal Data for our business purposes, such as to operate and improve our business and Services, develop new Services, perform market research, and to improve the security of our Services. We may also use your Personal Data to protect us from and prevent fraud, claims and other liabilities, and to comply with legal or regulatory requirements.  

 

VII. How does Gympass share my Personal Data?

We may share your Personal Data as described in this Privacy Policy or where we have provided you with prior notice and, to the extent applicable law requires, obtained your consent. Gympass may share your Personal Data with the following parties for the reasons discussed below:

Third Party Providers (including gyms and studios). We may share your Personal Data with Third Party Providers (such as a gym, studio, third party wellness app, or booking partner) as directed by you when you book a class or other experience in order to facilitate your use of their services, including to ensure your check-in if required, to facilitate and process your booking and the payment to the Provider, and to allow the Third Party Provider to operate their business as disclosed in that Third Party’s terms and privacy policy. We may also share your data with booking partners when you book a class; information you submit to book a class through that booking partner is subject to that partner’s own terms of use and privacy policy, found on that third party’s site. 

Subscription Sponsor. In some circumstances, we may share your Personal Data with your employer who enables your Gympass membership or other third party that offers you an opportunity to use our Services. For example, we may share Personal Data with the eligible employee if you sign up for Gympass as a qualifying Family Member. You hereby acknowledge that we may receive Personal Data about you from your employer or other third party.  

Vendors. We may share Personal Data with companies who perform services on our behalf, including providers that help us send communications, analyze data, and maintain our websites and apps.  

Social Media and Third-Party Apps. We may share information with social networks when you use our Services to interact with a social media site (e.g. you click a Facebook “like” button), or connect to our Services through social media (e.g. using Facebook to log-in to our app). You can review the privacy practices of these sites and third-party apps on their respective sites. 

Affiliates. We may share your Personal Data with Gympass corporate affiliates, such as parent or sister entities, in order to administer our Services and operate, evaluate, and improve our business.

Legal and Compliance. We may disclose your Personal Data as required or permitted by law, regulation, or legal process, including to respond to an inquiry from a governmental or law enforcement agency or a court order, to investigate suspected or actual fraud, illegal activity, or security incident, to enforce or apply our Terms of Use or other agreement we may have with you, and where we believe disclosure is appropriate to protect the rights, property, health, or safety of Gympass, its affiliates (including Third Party Providers), our users, employees, or others.

Corporate Transactions. We may choose to buy or sell assets and may share and/or transfer customer data in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, your Personal Data could be one of the assets transferred to or acquired by a third party.

User Profiles and Submissions. Certain account data, including your name, location, and any video or image content that you have uploaded to the Services, may be displayed to other Users to facilitate user interaction within the Services or address your request for our Services. Please remember that any content you upload to your public user profile, along with any Personal Data or content that you voluntarily disclose online in some manner other Users can view (on discussion boards, reviews, posts, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone. Your username may also be displayed to others if you interact with others, such as by sending messages, comments, or uploading content. 

Aggregated or De-identified Data. We may share aggregate usage data with current or prospective Third Party Providers or corporate clients (or allow Third Party Providers or corporate clients to collect that data from you). We reserve the right to provide all such aggregated and/ or de-identified data to third parties.

 

VIII. How does Gympass communicate with me?

If you have opted to receive push notifications on your mobile device, we may send you push notifications to provide you reminders and notifications. If you no longer wish to receive such communications, you may turn them off at the device level. 

From time to time, we may send you emails with information about Gympass and its Services. You may opt-out of these communications at any time by clicking on the unsubscribe button at the bottom of each communications or by contacting us directly. You cannot opt-out of communications regarding transactional or service updates.  

We may on occasion contact you by phone, and we may also allow you to elect to use text messaging as a way for us to communicate with you. By accepting our Terms or agreeing to receive text or phone messages if required under applicable law, you expressly consent to receiving phone or text messages made using an automatic telephone dialing system from Gympass or its service providers, and you also understand and agree that data rates and charges may apply. You may opt-out of receiving any phone call or text by following the instructions in the communication. For example, you may opt-out from receiving text messages at any time by replying “STOP” to a text you have from Gympass. Please note that we may send you a confirmation that you have unsubscribed. Please allow us a reasonable time to process your request.

 

IX. How does Gympass protect my Personal Data?

We endeavor to protect the privacy and security of your account and Personal Data. However, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure. You should protect your account against unauthorized access to your password, phone, and computer by, among other actions, signing off after using a shared computer, selecting and protecting your password and/or other sign-on mechanism appropriately, and limiting access to your computer or device and browser by signing off after you have finished accessing your account. We are not responsible for any lost, stolen, or compromised passwords, or for any activity in your account via unauthorized password activity. If you access your account via a third-party site or service, you may have additional or different sign-on protections via that third-party site or service. 

 

X. Are there links to third party services?

Our Services may contain links to websites and services from third parties, including to Third Party Providers. Please know that your access of any third-party site through one of these links is not governed by this Privacy Policy, and the privacy policies for those third parties govern the use of Personal Data by those third parties. We are not responsible for the privacy or security practices of those third parties.

 

XII. What are my data subject rights?

Where required by applicable law, you have the following rights with respect to your Personal Data:

  1. Right to access; right to data portability. You have the right to receive a copy of the Personal Data that we have about you and how we use this information. You also have the right to receive your Personal Data in a structured format and the right to have the Personal Data transmitted directly from Gympass at your direction. 
  2. Right to rectification. You have the right to obtain from us without undue delay the correction of inaccurate Personal Data concerning you. 
  3. Right to erasure. You have the right to request deletion of Personal Data concerning you unless processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defense of a legal claim.  
  4. Right to restrict or object to processing. You have the right to object to or restrict the processing of your Personal Data to the extent that you dispute the accuracy of the data, the processing is unlawful but you oppose the erasure, or you have objected to the processing. If your Personal Data is processed by us for direct marketing, you have the right to object to the processing. 
  5. Right to lodge a complaint. You have the right to lodge a complaint with our Data Protection Officer or a supervisory authority.  As a rule, you can contact the supervisory authority of your usual place of residence. 
  6. Right to withdraw consent. You can withdraw your consent to the processing of your Personal Data by us at any time.

You can always opt not to disclose data to us, but keep in mind some data may be needed to register with us or to take advantage of some of our features. Through your account settings, you may access and update the data you have provided to us. If you wish to exercise any of your rights and that option is not yet available through your account settings, please contact us and we will address your request.  Please note that we own and may use aggregated and anonymized data derived from or incorporating your Personal Data. 

 

XII. What are my rights if I am a California resident?

California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes. Subject to certain limitations, California consumers have certain rights over their personal information such as the right to request details about the categories or specific pieces of personal information we collect and to delete personal information. Gympass does not sell (as such term is defined in the California Consumer Privacy Act) the personal information we collect from you (and will not sell it without providing a right to opt out). Please note that we do use third party cookies for advertising purposes as further described in our Cookie Policy.

To submit a request pursuant to these rights, you may contact us at help.me@gympass.com. We will verify your request using the information associated with your account, including email address.

 

XIII. Other Provisions

Data controller. For Personal Data collection in connection with our Services in the European Economic Area and the United Kingdom, Gympass B.V. is the data controller. For the personal data collected in connection with our Services anywhere else, Gympass US LLC is the data controller as required under applicable law. 

Data transfer and location. We process personal data inside and outside the United States. We may transfer your Personal Data to our affiliates and other recipients in countries other than where your data was originally collected. The personal data of users outside the U.S. is transferred on the basis of mechanisms approved under applicable law, such as the EU Standard Contractual Clauses. 

Legal basis for processing. We collect and use Personal Data only where we have one or more lawful grounds for doing so. Such grounds may vary depending on where our users are located, but generally include processing personal data on the following basis:

  1. Your Permission. For example, when you choose to pay through payrolling, we will share some information with your employer. 
  2. The processing is necessary for the performance of our agreement with you. For example, we will share some of your account details and booking information with Third Party Providers including Third Party Apps to enable your use of those services.
  3. The processing is necessary for our or others’ legitimate interests, and do not outweigh your interests. For example, when we collect Personal Data to prevent, detect and combat fraud in connection with the use of our Services and or to protect the rights, property, or safety of Gympass, our employees, our Users, or others. Also, where we advertise to you according to your preferences. 
  4. The processing is necessary to fulfill Gympass’ legal obligations. We reserve the right to access, read, preserve, and disclose any data that we believe is necessary to comply with law or court order, and to enforce our Terms.

Modern Slavery Act. Gympass complies with all applicable labor laws, including the Modern Slavery Act. Contact Gympass to review a copy of its statement.

 

XIV. How do I contact Gympass or its Data Protection Officer (DPO)?

If you have questions regarding this Privacy Notice, you may contact our Data Protection Officer at DPO@gympass.com

Alternatively, you may contact us in writing at one of the following addresses:

If you are located in North or South America:

Gympass Legal Team -- Privacy Policy

160 Varrick Street

New York, NY 10013

 

If you are located in Europe:

Gympass Legal Team -- Privacy Policy

De entree 99

15 Verdieping

1101HE Amsterdam

Netherlands

 

If you have questions concerning our Services,you may contact the entity listed below in your country of residence:

Residence

Contact Details

Argentina

Gympass SAS

Torre Bellini, Esmeralda 950, C1007 

Ciudad Autónoma de Buenos Aires

+54 (11) 5984-1117

atencionar@gympass.com

Brazil

GPBR Participações Ltda.

Rua Engenheiro Dr. Luiz Carlos Berrini, 716 10º andar

Vila Olimpia, São Paulo/SP

+55 (11) 4003-6191

contato@gympass.com

Chile

Gympass Chile SpA

Moneda n° 975 Depto/ local piso 10,

Comuna de Santiago, Santiago

+56 232108291

atencioncl@gympass.com

France

GPFR SarL

33 Rue Lafayette

75009, Paris

+33 (0) 1 82 88 81 77

serviceclients@gympass.com

Germany

GPDE GmbH

Gympass c/o WeWork

Oskar-von-Miller-Ring 20

80333 München

+49 (089) 121 402 314

kontakt@gympass.com

Italy

GPIT S.R.L.

Gympass c/ o Tag via Arcivescovo Calabiana, 6

20139, Milano

+39 02 9475 8343

+39 06 9480 1325

contatto@gympass.com

México

Gympass Mexico, S. de R.L. DE C.V.

Av. Paseo de la Reforma, 250, Cuauhtemoc. Ciudad de Mexico

+52 55 1163-8741

atencion@gympass.com

Netherlands

Gympass BV

De entree 99

15 Verdieping

1101HE Amsterdam

Netherlands

+31 (020) 2622152

klantenservice@gympass.com

Portugal

Gympass, Lda

Calle Eloy Gonzalo, 27

28010, Madrid.

+351 308 807 163

contacto.pt@gympass.com

Spain

Bookgym SL

Calle Eloy Gonzalo, 27

28010, Madrid

+34931816821

contacto.es@gympass.com

United Kingdom

Gympass UK Ltd.

WeWork, 1st Floor

115 Mare St.

London, E8 4RU

+44 (0) 20 3868 7759

support@gympass.com

United States

Gympass US, LLC

160 Varick Street

New York, NY 10013

help.me@gympass.com

 

Without prejudice to any other rights you may have, if you are located in the European Union, you may also contact the Dutch Data Protection Authority which is Gympass’ Lead Supervisory Authority at the following address:

Autoriteit Persoonsgegevens

PO Box 93374

2509 AJ DEN HAAG

+31 (0) 70 - 888 85 00

If you live in the European Economic Area, you may also file a complaint with your local data protection regulator.

 

Last updated: July 24, 2020



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