PRIVACY POLICY

Last updated 2/23/23

Thank you for visiting NexT Fit Clubs.  This Privacy Policy governs the visitation and use of the website, www.nextfitclubs.com, any NexT Fit Clubs mobile application and any online service or program where this Privacy Policy is posted or linked (for reference purposes, collectively, the “Site”). This Privacy Policy explains the manner in which NexT Fit Clubs, and its affiliates, parents, subsidiaries, successors and assigns (each a “NexT Fit Clubs Party” or “us”, “we”, or “our”) may collect, use and disclose your personal information and other information gathered through your visitation and/or use of the Site. You agree to be bound by the terms of this Privacy Policy (this “Policy”) by visiting the Site or otherwise providing any NexT Fit Clubs Party, or any of its franchisees, with your personal information.

COLLECTION AND USE OF PERSONAL INFORMATION

The NexT Fit Clubs Parties may collect personal information that you provide or that is otherwise provided to one or more of the NexT Fit Clubs Parties on your behalf. You may choose to provide certain personal information including for one or more of the following purposes: in order to join a NexT Fit Clubs outlet; to access or use certain features or services of the Site; to pay membership fees and/or other fees now or in the future; to request information; to fill out an employment application; to enter sweepstakes or contests; or to contact one or more of the NexT Fit Clubs Parties. The information you provide may include, among other information, your name, phone numbers (including your mobile number), e-mail address, mailing address, credit card and/or banking information, transaction data, purchase information, payment methods, and other information. It is your choice as to whether or not you provide information through your use of the Site, to a NexT Fit Clubs outlet, or otherwise to a NexT Fit Clubs Party and you are free to choose not to provide any information. You understand that if you choose not to provide any information, your decision may limit your ability to use a particular function or feature of the Site, and/or your ability to use certain services.

You hereby authorize the NexT Fit Clubs Parties to collect, use and disclose, as authorized under this Policy, any and all information you provide: through your use of the Site, to a NexT Fit Clubs outlet, or to one or more of the NexT Fit Clubs Parties, simply by your having provided such personal information. Unless you are advised otherwise, your information may be used for the purposes authorized under this Policy, for the purpose for which it was provided, and in order to contact you regarding related matters.

To the fullest extent permitted under applicable law, you acknowledge that parties may periodically send you newsletters, e-mails or similar communications, including information featuring sales and promotions, news and developments regarding NexT Fit Clubs products and/or services, requests for your feedback and input, and/or such other information that any of the NexT Fit Clubs Parties determine may be of interest to you. If you wish to stop receiving marketing communications from a NexT Fit Clubs Party, you must follow the instructions included in the message or communication you received.

Additionally, if and when you link your social media account or engage with the Site, you understand that you may be allowing the NexT Fit Clubs Parties to have ongoing access to certain information stored on those social media sites, including, without limitation, your public profile, friend list, people and businesses you follow and those that follow you, your email address, birthday, work and employment history, education history, interests, website, personal description, likes, endorsements, and skills. We may receive certain information about you that is stored on social media sites if other users give us access to their social media profiles if you are one of their friends, links or connections. We may also receive other information resulting from your interaction with any and all of our social media pages and platforms. You acknowledge and agree that this information may be transmitted to analytic providers and advertising parties, including through cookies and other current and future developed tracking techniques.  By your association of any account, including those managed by a third party, with any NexT Fit Clubs account, you authorize the NexT Fit Clubs Parties to have access to this information and you agree that the NexT Fit Clubs Parties may collect, use and store any and all such information in accordance with this Policy.

COLLECTION AND USE OF AUTOMATICALLY PROVIDED INFORMATION

The NexT Fit Clubs Parties may also collect any and all information that is sent to any of the NexT Fit Clubs Parties automatically by your web browser. The information sent depends upon your browser’s settings and generally includes your computer or electronic device’s IP address, the address of the web page you were visiting when you accessed the Site, the name of the operating system installed on your computer or device, the name and version of the browser you are using and the date and time of your visit. You acknowledge and agree that the NexT Fit Clubs Parties may use this information primarily to create statistics that assist in improving the Site and in making it more compatible with the technology used by visitors to the Site. One or more of the NexT Fit Clubs Parties may link this information with your personal information as such party deems necessary for its business purposes.

Be advised that if any criminal activity is suspected, one or more of the NexT Fit Clubs parties may share your information without your permission with the appropriate investigative authorities. You acknowledge that this information may contain visitors’ IP addresses and other information, and such information may be used to trace and identify individual persons and/or entities.

SECURITY NOT GUARANTEED

You acknowledge and agree that no data transmission over the Internet can ever be guaranteed to be 100% secure. Methods employed to secure and protect your information, including encryption, are not a guarantee of protection against loss, misuse, unauthorized access, disclosure, modification or destruction of your information. Accordingly, you understand that the NexT Fit Clubs Parties cannot ensure or warrant the security of any information you transmit or that is otherwise received by any of the NexT Fit Clubs Parties. YOUR USE OF THE SITE AND/OR TRANSMISSION OF ANY AND ALL INFORMATION TO ANY NEXT FIT CLUBS PARTY IS AT YOUR OWN RISK.

DISCLOSURE OF PERSONAL INFORMATION

NexT Fit Clubs will not disclose, trade, rent, sell or otherwise transfer your personal information for purposes other than as those set out herein, except with your consent or as required or permitted by law.

The NexT Fit Clubs Parties may disclose your personal information to third party service providers or agents who provide services to or on behalf of any of the NexT Fit Clubs Parties, or any NexT Fit Clubs outlet members including, but not limited to, hosting, data management and storage services, sweepstakes providers, benefits providers and retention services. Your personal information may be processed and stored in the United States or such other foreign country and the governments, courts, law enforcement and regulatory agencies of that country may be able to demand disclosure of personal information pursuant to the laws of such country.

The NexT Fit Clubs Parties may disclose your personal information without your consent for a number of purposes, including, without limitation: (A) disclosure of any and all information that is already in public record; (B) disclosure of information in response to a subpoena or court order or as otherwise required under applicable law; (C) disclosure of information to parties involved in a sale, acquisition, merger, reorganization of other business transaction involving one or more of the NexT Fit Clubs Parties; (D) disclosure of information to third party service providers as may be necessary in connection with the provision or administration of services; (E) disclosure of information to NexT Fit Clubs franchisees or licensees; (F) disclosure of information to one or more of the NexT Fit Clubs Parties; and (G) disclosure of information to third parties for use by the third party (parties) for marketing purposes relating to products and/or services that the disclosing party deems may be of interest to you.

COOKIES/WEB BEACONS; SIMILAR TECHNOLOGIES

“Cookies”, “web beacons”, traffic data and other similar technologies may be used on the Site and by third parties to collect information over time and across third party websites, including to support the Site’s functionality, to improve user experience and for marketing purposes. You should have the ability to set your browser settings to “reject” cookies. You acknowledge that if you do so, the rejection may affect or limit the use of certain features and functionality of this Site.

YOUR RIGHT TO ACCESS/CORRECT YOUR PERSONAL INFORMATION

Under applicable law, you may have a right to challenge the accuracy and completeness of your personal information and to have it corrected. You may also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. If you make any such request and it is denied, you will be notified in writing as to the reason for the denial. You acknowledge and understand that, if you are a member of a NexT Fit Clubs Outlet, you must contact that outlet directly to request access to and/or to amend or correct your personal information.

Because we plan our communications in advance, it may take several weeks for your request to become effective. If you continue to receive any communications from us after expressing an opt-out preference, please let us know so we can investigate the situation. Please be aware that if you do not allow us to collect and use your personal information, we may not be able to deliver certain products, services, promotions or offerings to you.

SHARING OF INFORMATION WITH FRANCHISEES AND OTHER THIRD PARTIES

As stated above, any NexT Fit Clubs Party may share your personal information with NexT Fit Clubs franchisees, licensees and other third parties, as set forth more fully in this Policy. You acknowledge that any NexT Fit Clubs Party may also provide links to other websites that are not affiliated with any of the NexT Fit Clubs Parties and that, if provided, none of the NexT Fit Clubs Parties have any control over any such third parties’ use and/or handling of your personal information. You understand and agree that the NexT Fit Clubs Parties are NOT responsible and will not be liable for any third-party privacy procedures or lack thereof.  You are strongly advised to carefully review any and all third party privacy policies, procedures, terms and conditions before you provide any information to the third party.

EMAIL SECURITY

“Phishing” is a scam designed to steal your personal information. If you receive any email from us that looks like it is from us asking you for your personal information which you believe may be a scam, please notify us as provided in the contact section of this Policy.

USE OF THIS SITE BY MINORS IS PROHIBITED

This is a commercial website intended for use by individuals that are at least 18 years old. If you are younger than 18 years old, you may not use this Site without the prior permission and supervision of your legal guardians.  The NexT Fit Clubs Parties do not knowingly collect information from anyone under the age of 13. If you believe we may have collected such information without parental or guardian consent or other than in a manner authorized by law, please contact us via the contact information provided below and we will work to delete it.

NOTICE TO CALIFORNIA RESIDENTS

Currently, there is no worldwide uniform or consistent industry standard or definition for responding to, processing or communicating Do Not Track signals. Therefore, the Site is not currently able to respond to Do Not Track signals.

California Civil Code § 1798.83 permits residents of California to request from NexT Fit Clubs a notice disclosing: (1) the categories of personal information NexT Fit Clubs has shared with third parties, if any, for the third parties’ direct marketing purposes, during the preceding calendar year, and (2) the names and addresses of those third parties.

To make such a request, please do so at the contact information below.

INTERNATIONAL VISITORS

For visitors using the Site or the Services from outside the United Stated, any data you provide will be transferred to the United States for use by NexT Fit Clubs and/or its affiliates for any of the purposes described in this Policy. By using the Site or the Services you hereby expressly consent to such transfer of information or data to the United States.

INCORPORATION OF TERMS OF USE

Your use of this Site and any issues relating to this policy are subject to NexT Fit Clubs’ then-current Terms of Use, which are located on our Site.

PRIVACY POLICY UPDATES AND MODIFICATIONS

The NexT Fit Clubs Parties reserve the right to update or modify this Policy at any time and from time to time without prior notice by posting a revised version of the policy on the Site. You acknowledge and agree that you will be deemed to have notice of any and all material changes to this policy that are communicated to you either through a conspicuous notice on the Site or through any direct communication to you, including via email. Your access of or use of the Site, or your use of any NexT Fit Clubs Outlet following any revision to the Policy, constitutes your agreement that all personal information collected from or about you or through your use of the Site after the revised policy is posted will be subject to the terms and conditions of the revised policy.

PRIVACY OFFICER CONTACT INFORMATION

If you have any questions or concerns about our privacy practices, please feel free to contact our Privacy Officer at:

NexT Fit Clubs

572 Valley Road

P.O. Box 43666

Montclair, NJ 07043

Attn: Privacy Officer

Email:  privacy@nextfitclubs.com