Privacy Policy

YOUR PRIVACY AND COVID-19

In an effort to keep your Spark Pilates community safe in light of the COVID-19 pandemic, we are collecting additional information from our members, employees, guests and other visitors. Our transparency is key to maintaining your trust, and during these unprecedented times, we are especially mindful of striking the right balance between ensuring the health and safety of our members, employees and the public and respecting your privacy. Accordingly, effective as of August 13, 2020, the following privacy notice (the “Privacy Notice”) shall apply in addition to our existing Privacy Policy, set forth below, which will continue to otherwise govern our collection, use and other processing of your information. As the current circumstances and the needs of our community evolve, this Privacy Notice may be modified or updated in Spark Pilate’s sole discretion. If we make any changes to our Privacy Notice, we will post the revised document here and such changes will be effective immediately upon that posting. Please review this Privacy Notice periodically to ensure you are aware of any changes.

  • What Information We’re Collecting: We may collect certain information about your potential exposure to COVID-19 and health through periodic health declarations or questionnaires we ask you to complete. We may also collect measurements of your body temperature when you are at a the Studio. We will not record or store your body temperature measurement, but if your body temperature registers higher than our permitted threshold for studio access, we reserve the right to record and indicate in our system that you were denied entrance and are not eligible to return for 3 days (or other time period specified in your health declaration). In addition we may collect information provided by you, or a public health authority or other government agency, if you test positive for COVID-19, including information about how you interacted with Spark Pilates during the time in which you may have been infected with COVID-19. All of the foregoing is referred to in this Privacy Notice as “Screening Information”.

  • What We’re Doing with Screening Information: We collect and use Screening Information to help provide a safe environment for our employees and members, for public interest in protecting public health. We will use Screening Information in furtherance of those legitimate interests and business purposes. We will not use your Screening Information for any marketing or promotional purposes.

  1. How We May Share Screening Information: While we generally will not share your Screening Information without your consent, we reserve the right to disclose this information, and other related information such as contact information, to government and regulatory authorities, such as the Centers for Disease Control and Prevention, and other health authorities in your jurisdiction, or as otherwise necessary or appropriate in furtherance of public health or safety.If we are notified that you tested positive for COVID-19 within 14 days after your last visit to Spark Pilates, or if we otherwise determine that you may pose a risk to our community, we reserve the right to disclose to our employees and members that an individual who tested positive, or otherwise poses a risk to our community, was in our facilities and while we will not disclose your name unless legally required to do so, we may disclose information such as the date and time of your visit, your gender, and club areas and amenities you used. We share this information to help ensure our clubs remain safe for our employees and other members. We may also share your Screening Information and other related information with service providers, advisors or consultants who are performing services on our behalf and for other reasons in accordance with applicable law, as further described in the “Information Sharing” section of our Privacy Policy below. Please note we may disclose aggregated, de-identified information for any other lawful purpose.

  2. How We Retain Screening Information: Your Screening Information will be protected as described in our Privacy Policy below, and will be retained only as long as we determine reasonably necessary to ensure the health and safety for our members, employees, guests and other visitors and in accordance with applicable law. As noted above, your body temperature measurement will not be stored unless required by applicable law, but we will retain your acknowledgements of the health declaration, as well as any records (if any) that you were denied entrance and not permitted to return for 3 days (or other time period specified in your health declaration). Any information that we retain will be stored for a reasonable period of time, including as we determine necessary to comply with applicable law or to establish or defend our legal rights.

PRIVACY POLICY

Effective Date: This Privacy Policy was last updated on August 16, 2020

Spark Pilates, Inc. (“Spark Pilates”) respects your privacy and use your personal information in an effort to fulfill our commitment to offering and providing an unparalleled member experience. This Privacy Policy (“Privacy Policy”) describes the privacy practices of Spark Pilates, including the types of personal information we obtain, how we use this personal information, with whom we share it and the choices available regarding our use of the information.  This Privacy Policy also describes the measures we take to safeguard the personal information and how you can contact us about our privacy policies.

INFORMATION WE COLLECT

The types of personal information we collect include:

  • “Identifiers” such as your real name, alias/preferred name, postal address, unique personal identifier (e.g., device identifiers, cookies, beacons, pixel tags, mobile ad identifiers and similar technologies; member ID number, unique pseudonyms, and other forms of persistent or probabilistic identifiers), online identifier, internet protocol (IP) address, email address, telephone number, login credentials (e.g., username and password), signature, driver’s license or state ID card number, passport number, other government-issued identification information, and other similar identifiers and contact information.

  • “Commercial information” such as records of the products and services purchased, obtained or considered, purchasing or consuming histories or tendencies and other transaction-related information.

  • Payment and financial information, such as your credit/debit card number, expiration date and security code, bank account number, and billing address. Your credit/debit card number is collected and stored by third-party payment processors on our behalf. We store only the last four digits of your payment card.

  • “Characteristics of protected classifications” under applicable laws, age, sex, race, national origin, religion, gender, gender identity, gender expression, marital and family status, medical condition, disability, citizenship status, and military and veteran status, as well as other demographic information such as your date of birth..

  • Information and data regarding your fitness, health, nutrition, activities, biological characteristics, and training goals, programs and progress.

  • Sensory information such as audio, electronic, visual and similar information, including photographs and CCTV video footage.

  • Information in connection with applying for a job at Spark Pilates such as employer and employment history, education, job function, salary, professional certifications and other resume information.

  • Online and other electronic network activity, such as browsing history, search history, and information regarding your interaction with the Sites and other websites, applications or advertisements.

  • Information from third-party fitness devices, apps or services (e.g., Apple Health) if you choose to connect such devices, apps or services to your account or our Sites.

  • Other Information you provide to us, including through emails and other communications, surveys, information or content transmitted or uploaded through your Spark Pilates account (such as posts to message boards), and interactions with Spark Pilates and its personnel, or information when you enter any sweepstakes, contests or promotions we may offer.

  • Inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

In many cases, we will collect the personal information described above directly from you.  In some cases, however, we will collect the information from other sources, such as:

  • Other sources: we may obtain information from other sources such as publicly available databases, joint marketing partners, social media platforms, consumer data resellers, online advertising companies, and vendors who provide services on our behalf.

INFORMATION WE OBTAIN BY AUTOMATED MEANS

When you interact with our Sites, or when you connect to our Wi-Fi network, we obtain certain information by automated means, such as cookies, web server logs, web beacons, and other technologies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server.

We use these automated technologies to collect information about your equipment, devices, internet connection, browsing actions, and usage patterns. The information we obtain in this manner may include your IP address, identifiers associated with your devices, types of devices connected to our services, web browser characteristics, browsing history, device characteristics, language preferences, referring/exit pages, clickstream data, and dates and times of visits to our Sites. We may also obtain information about how you interact with the Sites, such as features and pages you visit, search queries, and download errors.  These technologies help us (1) remember your information so you will not have to re-enter it; (2) track and understand how you use and interact with our products and services; (3) tailor the products and services around your preferences; (4) measure the usability of our products and services and the effectiveness of our communications; and (5) otherwise manage and enhance our products and services. 

Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Sites. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device. 

Information about our cookie practices and how to change your cookie settings is available in our “Cookies Policy” below. To the extent required by applicable law, we will obtain your consent before using cookies or similar tools. 

Certain web browsers allow you to instruct your browser to send Do Not Track (“DNT”) signals to websites you visit, informing those sites that you do not want your online activities to be tracked. At this time, our Sites are not designed to respond to DNT signals or similar mechanisms from browsers.

HOW WE USE YOUR INFORMATION

We use the personal information we obtain about you to perform our contract with you or to take steps at your request prior to entering into a contract with you, including to:

  • Provide our services, products and other offerings to you;

  • Establish, manage and administer your membership and account with us, including verifying customer information and carrying out billing functions. We reserve the right to use any contact information held on file (including email, mailing address, and telephone or mobile phone) to contact to you when administering your membership.

  • Process and fulfill your purchases in connection with our membership opportunities, products and services (e.g., training sessions, retail purchases and spa treatments), and keeping you informed about the status of your membership and purchases.

  • Provide customer support services.

  • Manage career opportunities, including for recruitment purposes, candidate screening, interviewing and evaluation, and employee onboarding.

  • Establish and manage our relationships with our vendors, providers, suppliers and consultants.

We also use the information we obtain based on our legitimate interests and business purposes, including to:

  • Personalize and improve your experience on the Site

  • Communicate with you about our products and services, and send you promotional and other marketing communications. See the “Your Choices” section below to learn how you can opt out of these communications.

  • Communicate with you about, and administer your participation in, sweepstakes, surveys, events, programs, contests, promotions and other offers.

  • Enable our affiliated companies and business partners (e.g., on-premises cafes and charitable organizations we partner with) to provide you with products and services, and send you information that you requested or that we think may interest you about their products or services.

  • Respond to your requests and inquiries.

  • Operate, evaluate, develop, manage and improve our business, including by operating, administering, analyzing and improving our Sites, products and services; conducting research and developing new products and services; managing and evaluating the effectiveness of our communications; performing accounting, auditing, billing, reconciliation and collection activities and other internal functions.

  • Perform analytics (including market research, trend analysis, financial analysis, and anonymization of personal information);

  • Protect against, identify and prevent safety and security issues, fraud and other criminal activity, claims and other liabilities; and

  • Conduct investigations and comply with and enforce applicable legal requirements, relevant industry standards, and our policies and terms, and for the establishment, exercise or defense of legal claims, whether in court proceedings or in administrative or out-of-court procedures.

We use your personal information for these purposes because we have a legitimate business interest in providing services to our members, guests and other interested individuals that is not overridden by your interests, rights and freedoms to protect personal information about you.

Where we need to collect personal information by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (e.g., to process your payment). In this case, we may not be able to provide you with the product or service you have requested but we will  endeavor to notify you if this is the case.

We also may use the information we collect about you in other ways for which we will provide specific notice at the time of collection and obtain your consent if required by applicable law.

THIRD-PARTY ANALYTICS SERVICES

We use third-party web analytics services on our Sites, such as Google Analytics. The service providers that administer these services use automated technologies to collect data (such as IP addresses) to evaluate use of the Sites. To learn more about these analytics services, please see our “Cookies Policy” below.

To learn how to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.

INFORMATION SHARING

We share your personal information with our vendors and other advisors such as law firms and auditors, who perform services or functions on our behalf, such as vendors who assist Spark Pilates in maintaining the Sites, sending postal mail and email, managing and updating, and records, analyzing data, and facilitating customer service. In accordance with applicable law, we have entered into appropriate written agreements with our vendors and we do not authorize our vendors to retain, use or disclose the information for any purpose other than the specific purpose of performing services on our behalf or complying with legal requirements. However, in certain instances, vendors may use aggregated, de-identified information for their reasonable business purposes such as improving their products or services or for statistical reporting.

In accordance with applicable law, we may disclose information about you:

  • If we are required to do so by law or legal process (such as a court order or subpoena).

  • In response to requests by government agencies, such as law enforcement authorities.

  • To establish or defend our legal rights or to enforce our membership agreement, terms and conditions and other contracts with you.

  • When we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss.

  • In connection with an investigation of suspected or actual illegal activity or violation of our membership rules and policies.

We may otherwise disclose information where we have obtained your consent to do so. We also reserve the right to assign or transfer any information we have about you in the event of any merger, acquisition, sale of assets, sale of our business, joint venture, reorganization, divestiture, dissolution, liquidation or other corporate transaction, involving us or any of our parent companies or affiliates.

Social Media and Third Party Apps: We may share information with social networks when you interact with the Sites (e.g., clicking a Facebook “like” button) or connect your social media accounts to a Site. If you elect to connect Third Party Apps to the Sites, your information may also be shared with these third parties. Please see below for more information on this, as we do not control these third parties or their privacy practices.

YOUR CHOICES

Where required by applicable law, we will obtain your consent to send you marketing communications. If you do not wish to receive any marketing emails, you can opt out of future mailings by clicking on the unsubscribe link located on the bottom of the relevant email. If you are a member and have an account on the Sites, you can unsubscribe at any time by logging in and adjusting your communications preferences. If you are a member, please note that even if you opt out of receiving promotional emails, you will continue to receive administrative and operational communications regarding your membership, such as notices regarding billing, session reminders or club closures.

LINKS TO THIRD PARTY SITES

For your convenience, the Sites may contain links to other online services or otherwise enable you to connect with third party sites, features, plug-Ins, tools, widgets, social media platforms or apps such as Facebook, Instagram, Twitter, YouTube and Apple (collectively “Third-Party Sites”).  Third-Party Sites operate independently from us, and the privacy practices of the relevant third parties, including details on the information they may collect about you, are subject to the privacy policies of those third-parties, which we strongly encourage you to review, as their practices may differ from ours. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR THE NATURE AND CONTENTS OF ANY FOR THE PRACTICES OF, OR THE COLLECTION, USE OR SHARING OF YOUR PERSONAL INFORMATION BY, ANY THIRD-PARTY SITES.

HOW WE PROTECT PERSONAL INFORMATION

Spark Pilates administrative, technical and physical safeguards designed to protect personal information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. 

RETENTION OF PERSONAL INFORMATION

We will keep your personal information for the time period necessary to achieve the purposes outlined in this Privacy Policy, taking into account applicable statute of limitation periods and records retention requirements under applicable law.

UPDATES TO OUR PRIVACY POLICY

We may periodically update this Privacy Policy, in our discretion, to reflect change in our privacy practices, the Sites and applicable law. We will post a notice on the Sites to notify you of significant changes to our Privacy Policy and indicate at the top of this Privacy Policy when it was most recently updated.  You should check this page from time to time to ensure you are happy with our current Privacy Policy.

COOKIES POLICY

We collect certain information by automated means when you visit the Sites, through various means such as "cookies," "web beacons" and IP addresses, as described below.  A “cookie” is a small text file that a website saves on your computer or mobile device when you visit the site. We use cookies to tell us whether you have visited us before or if you are a new visitor.  We also use cookies to help us identify site features in which you may have the greatest interest. Cookies may also enhance your online experience by saving your preferences while you are visiting a particular site. Web beacons” (also known as Internet tags, pixel tags and clear GIFs) allow third parties to obtain information such as IP address, the URL of the page on which the beacon appears, timestamps, browser type, and the information in cookies set by the third party.  The Sites use the following types of cookies and web beacons:

Strictly Necessary: These cookies are necessary for the Sites to operate properly and facilitate your use of its features. Without these cookies, certain services cannot be provided. These cookies help us understand information, such as your session ID and other server authentication information.  This category of cookies should not be disabled.  If you use your browser settings to block them, we cannot guarantee your security or predict how the Sites will perform during your visit.  Examples of our strictly necessary cookies include:

  • • EqAuth.v1: We set this cookie to allow us to authenticate users on our websites

  • • productToken: We set this cookie to enable online purchasing through the websites by remembering the unique ID of each product you want to purchase

Functional: These cookies allow the Sites to remember choices you make and provide enhanced and more personal features. They can also be used to make sure the content we show is relevant to you – for example, if you are logged in as a member, we use a cookie to make sure we don’t show you a promotion for non-members. They can also be used to remember changes made to parts of our website that you can customized. Examples of our functional cookies include:

  • • activateJSON: We set this cookie to allow us to help remember and populate your member ID, last name and location when activating your online account

  • • LPSessionID: This cookie is set by the va.v.liveperson.net domain to help enable and provide our LivePerson online chat feature

Performance and Analytics: These cookies collect information about how you interact with the Sites, such as what pages you visit and if any errors have occurred. Information is used to improve how the Sites function.  These cookies don’t collect information that identifies you, but generate statistical data about your use of our Sites.  Examples of our analytics cookies include:

  • • AMCV_###@AdobeOrg: We set this cookie to allow our Adobe Analytics software to identify a unique website visitor

  • • s_cc: We set this cookie to allow our Adobe Analytics software to determine if a website visitor has enabled cookies

  • • JSESSIONID: This cookie is set by the .nr-data.net domain to determine which pages you visited and whether you received any errors while browsing those pages, and we use cookie to help debug and fix our site.

Targeting and Advertising: These help customize the content and information you receive on the site and to help deliver ads that we believe are relevant to your interests. Advertising cookies may be placed on the Sites by a third party with our consent, which then enables us to determine whether or not to show you at Spark Pilates ad when you are browsing other sites.  Third-party cookies we have allowed to be placed on the Sites for advertising purposes are listed below.  Please visit the relevant third party’s site for more information on these cookies and how you can opt out of them.

  • • Bing: The MR, MUID and MUIDB cookies are set on our website to help identify a Bing user as someone who visited our website so that we can determine whether or not to show that user an Spark Pilates ad on Bing. Click here for more information on Bing’s cookies.

  • • DoubleClick: The IDE and cto_lwid cookies are set on our website to help identify a Google user as someone who visited our website so that we can determine whether or not to show that user an Spark Pilates ad via Google’s DoubleClick ad services. Click here for more information on Google DoubleClick’s cookies.

  • • Facebook: The fr and other Facebook cookies are set on our website to help identify a Facebook user as someone who visited our website so that we can determine whether or not to show that user an Spark Pilates ad on Facebook.  Click here for more information.

  • • LinkedIn: The BizoID, BizoUserMatchHistory and lang are set on our website to help identify a LinkedIn user as someone who visited our website so that we can determine whether or not to show that user an Spark Pilates ad or job listing on LinkedIn.  Click here for more information.

  • • PebblePost: The pp_uid cookie is set on our website by PebblePost to help us determine a how website visitor is interacting with our website so that we can send them more personalized and relevant direct mail.   Click here for more information.

  • • Yahoo: The B cookie is set on our website to help identify a Yahoo user as someone who visited our website so that we can determine whether or not to show that user an Spark Pilates ad on Yahoo.  Click here for more information

Your Choices: In addition to visiting the third-party sites above, you can manage cookies through your web browser. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. You can find out how to do this for your particular browser by clicking "help" on your browser’s menu or by visiting www.allaboutcookies.org.  Please note, however, that if you disable cookies you may not be able to take full advantage of all features and functionalities of the Sites.  The following external links will explain how to manage cookies for the most common browsers:

Internet Explorer

Microsoft Edge

Google Chrome

Firefox

Safari

In addition to the browser-based controls, you can manage third party cookies by visiting http://aboutads.info/choices/  and http://youronlinechoices.eu/.