Privacy Policy

This Privacy Policy applies to your use of any of our online services (e.g., website, software, or mobile app) (collectively, the “Service”) owned or operated by Tremont Athletic Club or another entity associated with Tremont Athletic Club (collectively “Tremont Athletic Club” “we” “our” or “us”). The complete provisions, and not the headings or summaries, govern. This Privacy Policy will provide you with information as to how Tremont Athletic Club collects, uses, and shares information about you, including the choices Tremont Athletic Club offer with respect to that information. This Privacy Policy applies to your use of any Service, regardless of how you access or use it, but it does not apply to Tremont Athletic Club’s data collection activities offline or otherwise outside of the Service (unless otherwise stated below or at the time of collection). For certain Services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.

By visiting or otherwise using the Service, you agree to the Service’s Terms of Use and consent to Tremont Athletic Club’s data collection, use, and disclosure practices, and other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the Service. If you do not agree and consent, please discontinue use of the Service, and uninstall any Service downloads and applications.

1. INFORMATION WE COLLECT

A. Information about You that You Provide.
Tremont Athletic Club, and/or our Service Providers (defined below), may collect information you provide directly to Tremont Athletic Club and/or our Service Providers via the Service. For example, Tremont Athletic Club collect information when you use the Service, purchase a membership, sign up for our mailing list or guest pass, participate in promotional activities, or communicate or transact in any through the Service. In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties.

Information Tremont Athletic Club, our Service Providers and/or Third-Party Services may collect may include: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, email address, phone number, address, photos of you, date of birth, or full payment account number (“Personal Information”); and (2) demographic information, such as your gender, age, zip code, interests, usage habits and purchase information (“Demographic Information”). Except to the extent required by applicable law, Demographic Information is “non-Personal Information” (i.e., data that is not Personal Information under this Privacy Policy).

EEOC / Affirmative Action Reporting. In conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission (“EEOC”), the Office of Federal Contract Compliance Programs (“OFCCP”) and similar state and local regulatory agencies, we may ask you to provide us with self-identifying information (such as veteran status, gender and ethnicity). Providing such self-identifying information is voluntary, but if you do provide us with such information, we may submit that information to the EEOC, the OFCCP and similar state and local regulatory agencies or otherwise use or disclose it for business-related purposes, including, without limitation, responding to information requests, fulfilling regulatory reporting requirements and defending against employment related complaints.

B. Information Collected Automatically.
Tremont Athletic Club, our Service Providers, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service (“Usage Information”). Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the Service, your device location and data regarding network connected hardware (e.g., computer or mobile device). Except to the extent required by applicable law, or to the extent Usage Information is combined by or on behalf of Tremont Athletic Club, Tremont Athletic Club does not consider Usage Information (including, without limitation, unique device identifiers) to be Personal Information.

The methods that may be used on the Service to collect Usage Information include:

Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, fingerprinting, device recognition technologies, in-app tracking methods and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior.

Some information about your use of the Service and certain third-party services may be collected using Tracking Technologies across time and services and may be used by Tremont Athletic Club and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Service and certain third-party services. See Section 11 regarding certain choices regarding these activities.We are giving you notice of the Tracking Technologies and your choices regarding them as explained so that your consent to encountering and being subject to them is meaningfully informed.

C. Information Tremont Athletic Club Collects from Other Sources.
Tremont Athletic Club may also obtain information about you from other sources, including Service Providers and Third-Party Services. Notwithstanding anything to the contrary, this Privacy Policy is not intended to limit Tremont Athletic Club’s activities regarding any such third-party-sourced, or non-Service-sourced, information (including Personal Information). We are not responsible or liable for the accuracy of the information provided by third parties or for third party policies or practices.

2. HOW WE USE THE INFORMATION WE OBTAIN

Tremont Athletic Club may use information about you, including Personal Information, for any purposes (a) not inconsistent with Tremont Athletic Club’s statements under this Privacy Policy, (b) not inconsistent with statements made by us in writing at the point of collection, and (c) not prohibited by applicable law. Such purposes include, without limitation, the following:

Allowing you to participate in the features we offer on the Service;
Facilitating, managing, personalizing, and improving your experience;
Processing your membership, guest pass, digital communications or managing your account;
Publishing stories, comments, photos, and other information posted in online features;
Sending you push notifications in order to update you about any events or promotions we may be running, content you may be interested in, or for other reasons;
Transacting with you, providing services or information you request, responding to your comments, questions and requests, serving you content and/or advertising, and sending you notices;
Tremont Athletic Club marketing and other purposes;
Improving the Service and for any other internal business purposes;
Tailoring our content, advertisements, and offers;
Fulfilling other purposes disclosed at the time you provide Personal Information or for purposes that are otherwise legally permitted or required;
Determining your location and managing digital content rights (e.g., territory restrictions); and
Identifying, managing, preventing and/or addressing actual or potential fraud, breach of policies or terms, and threats or harm.

3. INFORMATION WE SHARE WITH THIRD PARTIES

Subject to applicable law, Tremont Athletic Club may share non-Personal Information and Personal Information with third parties. Without limiting the generality of the foregoing, we and third parties may convert your Personal Information to non-Personal Information by hashing it, substituting a unique identifier for the Personal Information, or other methods, and we and third parties may use and share that de-identified data as permitted by applicable law, including to match data attributes to and from other sources. Any such third-party activities are subject to their privacy policies and practices.

Tremont Athletic Club may share any information about you for any purposes not inconsistent with this Privacy Policy, or our written statements at the point of collection, and otherwise not prohibited by applicable law. Such sharing may include, without limitation:

Tremont Athletic Club’s agents, vendors, consultants, and other service providers (collectively “Service Providers”) may receive, or be given access to, your information (including, without limitation, Personal Information, Demographic Information, and Usage Information) in connection with their work on
Tremont Athletic Club’s behalf, provided that Tremont Athletic Club does not authorize such Service Providers to send you direct marketing messages absent your consent (which may be by opt-in or opt-out), with the exception of messages related to Tremont Athletic Club and our Affiliates;
Sharing to comply with applicable law, law enforcement or other legal process, and, where permitted, in response to a government request; and
Sharing if Tremont Athletic Club believe your actions are inconsistent with Tremont Athletic Club’s Terms of Use, Additional Terms, user agreements, other applicable terms or policies, or to protect the rights, property, life, health, security and safety of Tremont Athletic Club (including any individual associated with Tremont Athletic Club), the Service or its users, or any third party.

In addition, Tremont Athletic Club may share your Personal Information and your non-Personal Information in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of Tremont Athletic Club’s assets, or a transfer of all or a portion of Tremont Athletic Club’s business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding (“Corporate Transactions”).

4. PROMOTIONS

Tremont Athletic Club may offer sweepstakes, contests, and other promotions (each, a “Promotion”), including Promotions jointly sponsored or offered by third parties and which may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your information (including Personal Information) may be disclosed to Tremont Athletic Club, co-sponsors, Service Providers, and other third parties, including for administrative purposes and as required by law (e.g., on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing data practices from those contained in this Privacy Policy. Please review those rules carefully. We may offer benefits and loyalty programs from time-to-time, which may provide you with benefits for or from transactions and activities, which we will track. By participating in any such program, you consent to this Privacy Policy and the Terms of Use and our collection and use of your Personal and non-Personal Information.

5. THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS

“Third-Party Service(s)” are websites, locations, platforms, applications or services operated by third parties and which are connected to the Services either via hyperlinks or inclusion on or other connection to the Services. Some of these Third-Party Services may be our licensees and use our branding but are still independent third parties operating a service with their own terms and policies. You may be linked to some Third-Party Services via a window that displays the Third-Party Service while you otherwise remain on our Service. In such case, when you interact with the Third-Party Service within the window, you are no longer on our Service and are subject to the Third-Party Service’s policies and practices, even though the surrounding frame may look like you are still on our Service. These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Information from you, and we are not responsible for your interactions with Third-Party Services even when you access them through a window open in connection with our Service.

We may engage and work with Service Providers and other third parties to serve advertisements on the Service and/or on Third-Party Services. Some of these ads may be tailored to your interests and may be based on your browsing of the Service and elsewhere on the Internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”). Such Interest-based Advertising may include sending you an ad on a third-party service after you have left the Service (i.e., “retargeting”).

We may use Google Analytics, Adobe Analytics, or other Service Providers for analytics services. These analytics services may use cookies and other Tracking Technologies to help us analyze Service users and how they use the Service. Information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these Service Providers on servers in the U.S. (or elsewhere) and these Service Providers may use this information for purposes such as evaluating your use of the Service, compiling statistical reports on the Service’s activity, and providing other services relating to Service activity and other Internet usage.

Data obtained by Tremont Athletic Club from a third party, even in association with the Service, is not subject to our limitations under this Privacy Policy, however such data remains subject to any restrictions imposed on Tremont Athletic Club by the third party, if any. Otherwise, the information collected, stored, and shared by third parties remains subject to their privacy policies and practices, including whether they continue to share information with us, the types of information shared, and your choices on what is visible to others on Third-Party Services.

We are not responsible for and make no representations regarding the policies or business practices of any third parties, including, without limitation, analytics Service Providers and Third-Party Services associated with the Service, and we encourage you to familiarize yourself with and consult their privacy policies and terms of use.

6. DATA SECURITY AND MONITORING

Tremont Athletic Club takes reasonable measures to protect information from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmissions via the Internet and online digital storage are not completely secure and we do not guarantee the security of your information collected through the Service.

To help protect you and others, Tremont Athletic Club and our Service Providers may (but make no commitment to) (a) monitor use of the Service or (b) collect and use related information for all purposes not prohibited by applicable law or inconsistent with this Privacy Policy, including, without limitation to: identify fraudulent activities and transactions; prevent abuse of, and investigate and/or seek prosecution for, any potential threats to or misuse of the Service; ensure compliance with the Terms of Use and this Privacy Policy; investigate violations of or enforce these documents; and otherwise protect the rights and property of Tremont Athletic Club, Affiliates, third parties, and other users. Such monitoring may result in the collection, recording, and analysis of online activity or communications through our Service. If you do not consent to these conditions, you must discontinue your use of the Service.

7. INTERNATIONAL TRANSFER

We are based in the U.S., and the information we and our Service Providers collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence and your information may be available to the U.S. government. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from the U.S. and the processing, usage, sharing, and storage of your information (including Personal Information) in the U.S., as set forth in this Privacy Policy.

8. CHILDREN’S PRIVACY

The Service is intended for a general audience and not directed to children less than thirteen (13) years of age.

Tremont Athletic Club not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA. If we obtain knowledge that we have collected Children’s Personal Information in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA.

9. ACCESSING AND CHANGING INFORMATION

Tremont Athletic Club may provide web pages or other mechanisms allowing you to delete, correct, or update some of the information about you (e.g., profile and account information). Tremont Athletic Club will make good faith efforts to make requested changes in Tremont Athletic Club’s then-active databases as soon as practicable, but it is not always possible to completely change, remove, or delete all of your information or public postings from Tremont Athletic Club’s databases (California minors see Section 8), and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained, except to the extent prohibited by applicable law.

10. CHOICES: TRACKING AND COMMUNICATIONS OPTIONS

A. Tracking Technologies Generally
By selecting certain settings and using tools available as part of most commercial browsers, regular cookies may generally be disabled or removed and, in some instances, blocked in the future. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that your ability to limit browser-based Tracking Technologies when you revisit the Service is subject to your browser settings and limitations.

Some app-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer. Apple and Google mobile device settings include settings to limit ad tracking and other tracking, but these may not be completely effective. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. For specific information on some of the choice options offered by third-party analytics and advertising providers, see the next section.

B. Analytics and Advertising Tracking Technologies
You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on. You may exercise choices regarding the use of cookies from Adobe Analytics by going to http://www.adobe.com/privacy/opt-out.html under the section labeled “Our business Customers’ Use of Adobe Experience Cloud.”

You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us or third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Tremont Athletic Club supports the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising (http://www.iab.net/media/file/ven-principles-07-01-09.pdf)*) and expects that ad networks Tremont Athletic Club directly engage to serve you Interest-based Advertising will do so as well, though Tremont Athletic Club cannot guarantee their compliance. Tremont Athletic Club is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

In addition, we may serve ads on third-party services that are targeted to reach people on those services that are also identified on one of more of our databases (“Matched List Ads”). This is done by using Tracking Technologies or by matching common factors between our databases and the databases of the third-party services. For instance, we may use such ad services offered by Facebook or Twitter and other Third-Party Services. We are not responsible for these Third-Party Services, including, without limitation, their security of data. If we use Facebook to serve Matched List Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad or go to your account settings to find out what options Facebook offers you to control such ads. If we use Twitter Matched List Ads, you should be able to review your ad options in account settings on Twitter. We are not responsible for such third parties’ failure to comply with your or our opt-out instructions, as they may not give us notice of opt-outs to our ads that you give to them and they may change their options without notice to us or you.

C. Mobile App
With respect to Tremont Athletic Club’s mobile app (“app”), you can stop all collection of data generated by use of the app by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain features (e.g., location-based services, push notifications, accessing calendar/contacts/photos, etc.), by adjusting the permissions in your mobile device and/or the app’s settings. Beware that if GPS precise location services are disabled, other means of establishing or estimating location (e.g., your connection to wi-fi or your proximity to wi-fi, Bluetooth, beacons, or our networks) may persist. However, see the prior section regarding the DAA’s mobile Interest-based Advertising choices. Opting out of mobile Interest-based Ads through the DAA includes an opt-out to location-based ads, and we expect that the Third-Party Service Providers we use will send location-based ads to look for and honor such DAA opt-outs, as well as Apple and Android app ad blocking settings. Opting-out of mobile Interest-based Ads does not mean you have opted-out of receiving push notifications from us on our app.

D. Communications and Marketing
You can opt out of receiving certain promotional communications (emails or text messaging) from Tremont Athletic Club at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or, if applicable, by changing your communication preferences by logging onto your account; (ii) for text messages, following the instructions provided in text messages from Tremont Athletic Club or replying via text with the word, “STOP”; and (iii) for app push notifications, turning off push notifications on the settings of your device and/or the app, as applicable. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, Tremont Athletic Club may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Tremont Athletic Club’s ongoing business relations. Contact us at [email protected] to prospectively opt-out of our sharing of your information with entities other than Affiliates and other than in connection with Corporate Transactions.

11. CHANGES TO THIS PRIVACY POLICY

We reserve the right to change this Privacy Policy prospectively effective upon the posting of the revised Privacy Policy, and your use of our Service indicates your consent to the privacy policy posted at the time of use. However, we will not treat your previously collected information, to the extent it is not collected under the new privacy policy, in a manner materially different than how it was represented at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.