If you are a California resident, please read the following Privacy Notice for California Residents (“Policy”).
This Policy describes how information obtained from California consumers, including visitors to MotiFIT Fitness (“MotiFIT Fitness”, “we”, “us” or “our”) website found at www.fitiv.com(“Website”), our mobile application (“Application” or “App” or “Apps”), and our company-owned and franchised-locations, where applicable is collected, used, and disclosed. This Policy also explains how you can make requests to know about your personal information and delete your personal information. Please note that this Policy applies to information collected by us and/or independently owned and operated franchised locations, where applicable.
Terms included in this Policy, including but not limited to, personal information and service provider, carry the same meaning in this Policy as they do in the California Consumer Privacy Act of 2018, California Civil Code sections 1798.100 et seq. (“CCPA”). Additionally, and to protect your privacy, we do not sell, share, or rent your personal information in any way, as outlined in Section 7 below. If our business practices should change in the future, we will inform you of this change before selling your personal information and provide you with instructions on how you can opt-in.
For ease of reference, you may click on any of the following links to jump to one of the sections addressed below:
California’s Shine the Light Law
California Consumer Privacy Act
California Residents’ Rights Under the CCPA
Categories of California Consumers’ Personal Information Collected or Disclosed
Methods for Submitting CCPA Requests to Us
Response Timing and Format
We Do Not Sell Your Personal Information
Metrics Regarding CCPA Requests and Responses During the Previous Calendar Year
Children Under the Age of 16
Contact Us for More Information
CALIFORNIA’S SHINE THE LIGHT LAW
CALIFORNIA’S CONSUMER PRIVACY ACT
1. CALIFORNIA RESIDENTS’ RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT
If you are a California resident, you have certain rights regarding information that is treated as personal information under the CCPA.
The right to know what categories of personal information are being collected or disclosed and the categories of sources of that personal information
You have the right to know what categories of personal information we collect, sell, or disclose about you, as well as the categories of third parties who received your personal information and the categories of sources of that personal information. These categories are described in the “Categories of California Consumers’ personal information Collected or Disclosed” section below. We are also required to provide to you, before or at the point of collection, with a general notice about the categories of personal information collected by us and how we intend to use the collected personal information.
The right to access collected personal information
You have the right to request that we provide a copy of your personal information that we collected or disclosed in the preceding twelve (12) months. Only you, or someone you legally authorize to act on your behalf, may make a request related to your personal information. You may submit a maximum of two requests in a 12-month period.
You must provide sufficient information to enable us to reasonably verify your identity or that of your authorized agent. We will only use the personal information provided in your request to verify your identity or that of your authorized agent. Please note that we cannot provide any personal information in response to a request if we cannot verify your or your authorized agent’s identity, or your authorized agent’s authority to make the request on your behalf, and/or if we cannot confirm that the collected personal information relates to you.
You are not required to create an account with us before submitting a verifiable request. Please submit your request using the online Data Privacy Request form found at www.fitiv.com/dataprivacyrequest, or by calling our Data Privacy Request toll-free number at 1-888-390-5099. After receiving and verifying your request, we will provide the following information (depending on your request):
The categories of personal information collected about you in the preceding twelve (12) months.
The sources of that personal information by category.
The business or commercial purpose(s) for collecting that personal information.
The categories of third parties with whom we shared that personal information, if applicable.
The specific pieces of personal information collected about you.
If we disclosed your personal information for a business purpose, we will provide:
the categories of personal information disclosed for a business purpose in the previous twelve (12) months and the categories of third parties, if applicable, to whom the personal information was disclosed.
See the “Methods for Submitting CCPA Requests to Us” section below for information on how you can exercise your right to access collected personal information. For more information, see also the “Response Timing and Format” section below.
The right to request deletion of personal information
With certain exceptions, you have the right to request that we and our service providers (where applicable) delete personal information we or our service providers collected or maintained. Once we receive and verify your request, we will delete and instruct any applicable service providers to delete your personal information from our records, unless an exception applies.
We and our service providers may deny a verified deletion request if we must maintain your personal information to:
Complete the transaction or provide a good or service requested by you for which we collected the personal information, or otherwise perform a contract between us.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity.
Debug to identify and repair errors that impair existing intended functionality of our systems.
Exercise a legal right provided for by law, including exercising or ensuring free speech rights.
Comply with the California Electronic Communications Privacy Act (California Penal Code sections 1546 to 1546.4).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest if:
the research adheres to all other applicable ethics and privacy laws;
deleting the Personal Information is likely to make the research impossible or seriously impair it; and
you provided informed consent during the initial data collection.
Enable our internal use in a manner that you would reasonably expect based on your relationship with us.
Comply with our legal obligations.
Otherwise use your Personal Information internally in a lawful manner that is compatible with the context in which you provided the information.
See the “Methods for Submitting CCPA Requests to Us” section below for information on how you can exercise your right to delete collected Personal Information.
The right to be free from discrimination
You have the right to equal service, and we will not discriminate against you if you exercise your rights under the CCPA. However, under certain circumstances, we may offer you special discounts or other incentives for the right to continue to collect or use your Personal Information. In that event, we will notify you of the relevant program’s material terms and obtain your voluntary opt-in consent to the program.
2. CATEGORIES OF CALIFORNIA CONSUMERS’ PERSONAL INFORMATION COLLECTED OR DISCLOSED
We collect a variety of categories of Personal Information about California consumers, their household, and/or their devices from both online and offline (such as hard-copy forms) sources. We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated, or incompatible purposes without providing advance notice.
In particular, the following types of personal information we may have collected and reason for collection in the last twelve (12) months includes but is not limited to:
Where the account registration feature is available, your contact information to create a FITIV account, such as your first name, last name, phone number, and email address;
Where the account registration feature is available, your profile username and password to enter the password-protected portion of the Website;
Your transaction history relating to the use of our studios, purchase of certain products or other information you wish to share with us and integrate with the Website;
If integration with your membership is available to you, membership-related information, such as your home address, MotiFIT Fitness location, and membership number;
Fitness-related information provided in the membership process, such as your height, weight, general fitness-related goals or other information helpful to achieving your fitness goal;
Information regarding training sessions, classes, or other information regarding your utilization of services at the studio-level;
Where the account registration feature is available, correspondence with your personal training or MotiFIT Fitness studio regarding your activity;
Information provided by you when you participate in a survey or communication to you regarding your use of the Website, or utilizing any of our MotiFIT Fitness services;
Information provided by you to participate in advertising contests or sweepstakes;
Various account information related to your membership or accounts to allow you to update credit card, bank account, other payment information, or any other information regarding your profile;
If you are a prospective franchisee, we may collect detailed information such as your first name, last name, email address, phone number, address, and general financial information such as liquidity and assets, to evaluate your qualifications for an affiliates franchise;
If we offer alternative sign-ins, we may collect certain sign on information you have provided to third parties, such as Facebook or Twitter, when you sign on to use our Website or Apps through these third parties;
Computer data or files, often called “cookies,” which may be sent by your web browser and stored on an individual computer to allow our server to “recognize” you through the navigation of the Website and for us to credit your account for various online transactions;
Computer data files, often called “web beacons” that are collected from emails or links on third-party sites that allow our server to evaluate the popularity of those links or the information contained in emails or on third-party sites; and
Your IP address to measure our website traffic and to help provide a more personalized experience.
The information we may collect through your use of the Apps may depend on the version of the Apps or the country you are in, but this information may include, but is not limited to:
Information to register for your App account, such as first name, last name, email address and other membership information related to MotiFIT Fitness, as well as a username and password to access the App;
Your activity history regarding your use of the Apps, such as your visits to studios, participation in training activities, classes or utilization of other MotiFIT Fitness products or services;
Membership-related information, such as your home address, MotiFIT Fitness studio location, and membership number;
Fitness-related information provided in the membership process, where applicable;
Certain location or geolocation information pulled directly from your mobile device, your wireless carrier or certain third-party providers, to allow tracking of your activity. This collection and tracking may occur even when the Apps or other related applications are not actively open and running;
Information regarding personal training sessions and communication with staff from MotiFIT Fitness;
Records of copies of your correspondence, if you contact us;
Information provided by you when you participate in a survey or communication to you regarding your use of the Apps, or utilizing MotiFIT Fitness services;
Various account information related to your membership to allow you to update credit card, bank account, other payment information, or any other information regarding your profile, where applicable;
If we offer alternative sign-ins, we may collect certain sign on information you have provided to third parties, such as Facebook or Twitter, when you sign on to use our Apps through these third parties; and
Computer data or files, often called “cookies,” which may be sent by your mobile device to allow our server to “recognize” you through the navigation of the Apps and for us to link your activity on the Apps with your membership.
Information obtained from your Social Media Accounts, where applicable:
You may choose to log into your account with MotiFIT Fitness Inc. on the Website or through our Apps via certain social media networking services, such as Facebook and Twitter (“Social Media Accounts”). By integrating these Social Media Accounts into your account, we can offer you more personalized services, but may also collect certain personal information provided in your Social Media Accounts, such as your profile information, email address, profile picture and friend list. If you do not want us to have access to this information, do not utilize the Social Media Account sign-in feature.
We have shared the personal information listed above with the following partners, where applicable:
Service providers, business partners, cloud platform providers
3. METHODS FOR SUBMITTING CCPA REQUESTS TO US
You have the right to submit a verifiable request to us using the following methods:
Online Request Form. You may submit a data privacy request by completing the online Data Privacy Request form located here: www.fitiv.com/dataprivacyrequest.
Toll-Free Telephone Call. You may submit requests by calling our toll-free Data Privacy Request number at 1-888-390-5099. A member of our team will process your request as applicable
Studio Locations. If you are at any of our studio locations in California, you will be asked to submit the data privacy request using either of the two options referenced above (online form or toll-free number)
4. VERIFICATION PROCESS
Once we receive a request to know or to delete, we must verify your identity before we can respond. You may be required to provide the following information for verification purposes and efficiency when applicable:
Your first and last name
Your home address
Your e-mail address
Your telephone number
Your studio location
If you submit either a request to know specific pieces of personal information collected, or a request to delete sensitive, irreplaceable, or otherwise valuable personal information, you (or your authorized agent, if applicable) will be required to provide a signed declaration affirming your identity (or your authorized agent’s identity, if applicable).
5. AUTHORIZED AGENTS
An authorized agent is either a natural person or a business entity registered with the California Secretary of State that a consumer has authorized to act on his or her behalf. You may use an authorized agent to submit a request to know or request to delete. Your agent will need to provide: either (1) a power of attorney; or (2) your written permission to allow the authorized agent to submit the request on your behalf and verification of your identity.
6. RESPONSE TIMING AND FORMAT
Acknowledgement of receipt of request
We will confirm receipt of a request from you within ten (10) days. This confirmation will provide information about how we will process the request, including a description of our verification process and an approximation of when we will send you a substantive response.
We will respond to a verifiable request from you within forty-five (45) days. If we cannot respond in that time, we will notify you in writing that we need an additional forty-five (45) days and explain the reason for the needed additional time. If you have an account with us, we will respond to that account. If you do not have an account with us, we will deliver the written response by mail or e-mail, at your option.
Any disclosures we provide will cover only the 12-month period preceding our receipt of your verifiable request. If we cannot comply with your request, we will explain why. If you have requested to know specific personal information we collected, we will provide that information to you.
We do not charge a fee to process or respond to a verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why and provide you with a cost estimate before completing the request.
7. WE DO NOT SELL YOUR PERSONAL INFORMATION
To protect your privacy, we do not sell, share, or rent your personal information as such terms are defined under the CCPA. In the event that our business practices should change in the future, we will inform you of this change before selling your personal information and provide instructions on how you can opt-in.
8. METRICS REGARDING CCPA REQUESTS AND RESPONSES DURING THE PREVIOUS CALENDAR YEAR
At the end of each calendar year, starting in 2020, we will report as applicable regarding the number of requests to know or requests to delete that we received, complied with in whole or in part, or denied, and the median length of our response time.
9. CHILDREN UNDER THE AGE OF 16
10. CONTACT US FOR MORE INFORMATION
California consumers who have questions or concerns about our privacy policies and practices may contact a trained representative through one of the following methods:
Mail: MotiFIT Fitness Inc.
Attention: Data Protection Officer
835 Champlain St.
Dieppe, NB, E1A1P6, Canada
When contacting us, please include in the communication or have available the information listed under the “Verification Process” section above. If using an authorized agent, please include in the communication or have available proof of authorization.