PRIVACY POLICY
Anytime Fitness Privacy Notice
This Privacy Notice describes how Cape Point Group Pty Ltd, located at CAPE POINT GROUP PTY LTD – Registration 2021/816690/07– Unit 6092, 16 Triplets Way, Erinvale Estate, Somerset West, Western Cape 7130 including its officers, directors, employees, affiliates, volunteers, agents and authorized representatives including independent contractors (collectively, “Anytime”, “we,” “us,” or “our”) collects, uses, shares, and protects personal information. This Privacy Notice also tells you about your rights and choices with respect to your personal information, and how you can reach us to get answers to your questions.
Territories
This Privacy Notice covers our activities throughout the world. We may host the sites or information within the apps on servers located within these countries or in any other country we, our service providers, or our service providers’ vendors maintain facilities, including the United States. This means that your personal information may be stored on servers located within any country where there are Anytime Fitness locations. The locations of our servers may change from time-to-time. Further, our franchisees may maintain individual websites in the country or territory they service.
You can jump to particular topics by going to the headings below:
Information We Collect
How We Use Information
How We Share Information
Your Choices
How We Protect and Retain Information
Transmission Of Information To Other Countries
Third-Party Applications/Websites
Changes To This Privacy Notice
Contact Information
Information We Collect
We collect information about you in a variety of ways depending on how you interact with us and our websites, mobile applications, products, and services, including:
- Directly from you when you provide it to us, such as when you register for an account, sign up to receive communications from us, make a purchase, or contact us by phone, email, or otherwise.
- Automatically through the use of cookies, web beacons, server logs, and other similar technologies when you interact with our websites, mobile applications, advertisements, and emails.
- From other sources, including, for example, our affiliates, business partners, service providers, online social media networks, and other third parties, or from publicly available sources. For example, if you submit a job application or an application for a franchise, we may conduct a background check.
The following provides examples of the type of information that we collect in a variety of contexts and how we use that information.
Context | Types of Information | Primary Purpose for Collection |
Account Registration | When you create an account or register for our services, we collect your name, contact information (such as your email address, and phone number), profile username and password. We also collect information relating to the actions that you perform while logged into your account. | We have a legitimate interest in providing account related functionalities to our users. |
Cookies and First-Party Tracking | We use cookies and similar tracking technologies, such as web beacons (also known as clear GIFs) to collect certain information when you visit our websites or interact with our emails. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a website is viewed. See our Cookie Settings for more information. | We have a legitimate interest in making our website operate efficiently. |
Cookies and Third-Party Tracking | We may place tracking technology on our website that collects analytics, records how you interact with our website, or allows us to participate in behavior-based advertising. This means that a third party uses technology (e.g., a cookie) to collect information about your use of our website so that they can report analytics to us or provide advertising about products and services tailored to your interests. That third party might also collect information over time and across different websites in order to serve advertisements on our website or other websites. See our Cookie Settings for more information. | Where required by law, we base the use of third-party cookies upon consent. |
Advertising Purposes | We engage in targeted advertising, including by converting email addresses into identifiers (either by us or using a third-party organization to deidentify the information). | Where required by law, we base using email addresses in this way upon consent. |
Demographic Information | We collect personal information, such as your age or location. | We have a legitimate interest in understanding our users and providing tailored services. |
Distance Information | When you use one of our mobile applications we collect your location from the GPS, Wi-Fi, and/or cellular technology in your device to determine your location and your distance from a location which offers our services. | We have a legitimate interest in understanding our users and providing tailored services. In some contexts our use is also based upon your consent to provide us with geo location information. |
Inquiries, Comments, and Feedback | If you contact us, we will collect your name and contact information (such as email address), as well as any other content that you send to us, in order to reply. | We have a legitimate interest in receiving, and acting upon, your feedback or issues. |
Mailing List | When you sign up for one of our mailing lists, we collect your email address or postal address (as applicable). | We share information about our products and services with individuals that consent to receive such information, where required by law. We also have a legitimate interest in sharing information about our products or services. |
Mobile Devices | We collect information from your mobile device such as unique identifying information broadcast from your device when visiting our website or when visiting one of our locations. | We have a legitimate interest in identifying unique visitors, and in understanding how users interact with us on their mobile devices. |
Mobile Application Integrations | We collect information through integrations with HealthKit™ and/or Google Fit™, to allow us to personalize your app experience, to allow our coaches to measure your progress and adjust programming, and for other related uses. | We base mobile application integrations upon consent. |
Payments | We collect your name, mailing address, billing address, email address, phone number, and credit card number when you make a purchase, using a third-party payment processing vendor. | We use your information to perform our contract to provide you with products or services. |
Partner Promotion | We collect information that you provide as part of a co-branded promotion with another company. | We have a legitimate interest in fulfilling our promotions. |
Prospective Employees | If you are a prospective employee or employee, we may collect detailed information such as your first name, last name, email address, phone number, address, and related information to evaluate your qualifications for employment. This may include, among other things, your Social Security Number. Providing this information is required to be considered for employment. | In some contexts, we are required by law to collect information about potential employees or applicants. We also have a legitimate interest in using your information to have efficient staffing and work force operations. |
Prospective Franchisees | 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. | We have a legitimate interest in evaluating potential franchisees. |
Public Health and Safety | In certain situations where a serious public health threat has been identified (e.g., Covid-19), we may collect information from employees, guests, and other individuals accessing our facilities. This may include medical and health information, such as body temperature, symptoms, and underlying health conditions. | We have a legitimate interest in protecting the health and safety of our employees and guests. In some jurisdictions we may be required by law, regulation, or governmental order to collect and retain information related to issues of public health and safety. We have a legitimate interest in complying with the laws in the jurisdictions in which we operate. |
Social Media Account Sign-In Feature | You may choose to log into your account on a website or through our mobile applications via certain social media networking services, such as Facebook and Twitter (“Social Media Accounts”). By integrating these Social Media Accounts into your account, we are able to 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 a legitimate interest in providing alternative sign ins to our users. |
Surveys | When you participate in a survey, we collect information that you provide through the survey. If the survey is provided by a third party service provider, the third party’s Privacy Notice applies to the collection, use, and disclosure of your information. | We have a legitimate interest in understanding your opinions, and collecting information relevant to our organization. |
Sweepstakes or Contests | When you participate in a sweepstakes, contest, or other promotional activity, we collect information about you which includes contact information to notify you if you are selected. | We have a legitimate interest in operating our sweepstakes, contests, and other promotional activities. In some contexts, we are also required by law to collect information about those that enter into our sweepstakes, and we have a legitimate interest in complying with those laws. |
Website Interactions | We use technology to monitor how you interact with our website. This may include which links you click on, or information that you type into our online forms. This may also include information about your device or browser. | We have a legitimate interest in understanding how you interact with our website to better improve it, and to understand your preferences and interests in order to select offerings that you might find most useful. We also have a legitimate interest in detecting and preventing fraud. |
Web Logs | When you visit our website, we automatically collect certain information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors. | We have a legitimate interest in monitoring our networks and the visitors to our websites. Among other things, it helps us understand which of our services is the most popular. |
Please note, some of the information described above is mandatory for the performance of certain services, and if not provided, you may not be able to utilize or participate in some of our online services or features.
How We Use Information
In addition to the purposes and uses described above, we use information in the following ways:
- To identify you when you visit our websites or any of our locations.
- To provide products and services or to process returns or refunds.
- To process payments (using a third-party payment processing vendor).
- To create and manage your account and/or membership
- To improve our websites, mobile applications, services, and product offerings.
- To conduct analytics and research.
- To communicate with you, such as to respond to and/or follow-up on your requests, inquiries, issues, or feedback.
- To send you electronic communications you have requested, such as text messages, push notifications, notifications through our mobile application or through your mobile device.
- To send marketing and promotional materials including information relating to our products, services, sales, or promotions, or those of our business partners.
- To develop and display content and advertising tailored to your interests and preferences.
- To detect and protect against malicious, deceptive, fraudulent, or illegal activity, including violation of our policies and terms and conditions, security incidents, and harm to the rights, property, or safety of our company and our users, employees, or others.
- To debug, identify and repair errors that impair existing intended functionality of our website and services.
- To comply with our legal or regulatory obligations, to establish or exercise our rights, and to defend against a legal claim.
- For internal administrative purposes, as well as to manage our relationships.
- For such other purposes as you may consent (from time to time).
Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. For example, if you complete an online purchase, we may collect your information to perform our contract with you, but we also collect your information as we have a legitimate interest in maintaining your information after your transaction is complete so that we can quickly and easily respond to any questions about your order. As a result, our collection and processing of your information is based in different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business.
To the extent we maintain and use personal information in a deidentified form, we will not attempt to reidentify the information, except for the purpose of determining whether our deidentification processes satisfy our legal obligations.
How We Share Information
In addition to the specific situations discussed elsewhere in this Privacy Notice, we may disclose personal information in the following situations:
- Affiliates and Acquisitions. We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business, or our assets, we will also share information with that company, including at the negotiation stage.
- Franchisees and Business Partners. We may share information with our franchisees, or other business partners with whom we collaborate or work with to provide specific services to you.
- Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws or regulations. We may also disclose your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies.
- Partner Promotion. We may offer contests, sweepstakes, or other promotions with third-party partners. If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third-party partner, the information that you provide will be shared with us and with them. Their use of your information is not governed by this Privacy Notice.
- Service Providers. We may share your information with service providers. Among other things service providers may help us to maintain our website and/or mobile applications, conduct analytics, administer surveys, provide technical support, process payments, assist with customer services, and manage direct marketing programs on our behalf .
- Other Disclosures with Your Consent. We may disclose your information to other third parties when we have your consent or direction to do so.
Your Choices
Some jurisdictions give you a right to make the following choices regarding your personal information:
- Access To Your Personal Information. You may request access to your personal information or confirmation that we have information about you. In certain limited circumstances, you may also request to receive access to your data in a portable, machine-readable format.
- Changes To Your Personal Information. You may ask us to correct information that is inaccurate or incomplete. Note that we may keep historical information in our backup files as permitted by law. We rely on you to update and correct your personal information. You may edit or deactivate your account information or account at any time by signing into your account on the website or mobile application and navigating through your settings. If our website or mobile application does not permit you to update or correct certain information, you can contact us at the address described below in order to request that your information by modified.
- Deletion Of Your Personal Information. You may request that we delete your personal information. If required by law, we will grant a request to delete information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another business purposes.
- Opt-out of Sharing for Targeted Advertising. You may opt-out of online tracking based targeted advertising (e.g., cookies) by clicking the Cookie Settings link here. Please note that if you change browsers or computers, or if you clear your browser’s cache, you may need to click the link again to apply your preference. You may also opt-out of other forms of targeted advertising by submitting a request via the “Do Not Sell or Share My Information” button in our online portal.
- Objection to or Restriction of Certain Processing. In certain limited circumstances, you may object to or restrict our processing of your personal information.
- Revocation Of Consent. Where we process your personal information based upon consent, you may revoke consent. Please note, if you revoke your consent for the processing of personal information then we may no longer be able to provide you services.
- Online Tracking. We do not currently recognize the “Do Not Track” signal.
- Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive. If you decide not to receive promotional emails, we may still send you service related communications.
- Promotional Mailings. If at any time you do not want to receive offers and/or circulars from us you can remove yourself from our mailing lists by emailing us (our contact information is below) with “NO SNAIL MAIL” in the subject line along with your name, address, and zip code. Please note that our mailings are prepared in advance of their being sent. Although we will remove your name from our mailing list after receiving your request, you may still receive mailings from us that had been initiated prior to your name being removed.
- Promotional Text Messages. If you receive a text message from us that contains promotional information you can opt-out of receiving future text messages by replying “STOP.”
Please note, not all of the rights described above are absolute, and they do not apply in all circumstances. In some cases, we may limit or deny your request because the law permits or requires us to do so, or if we are unable to adequately verify your identity. We will not discriminate against individuals who exercise their privacy rights under applicable law.
Submitting Requests
You may exercise the rights described above through our online portal or by contacting us as indicated in the “Contact Information” section below. If we refuse to honor a request, you may appeal our refusal by contacting us with the subject line “Appeal.”
Note that, as required by law, we will require you to prove your identity. We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name, email address, telephone number and club location. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files.
Authorized Agents
In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. If you are an authorized agent submitting a request on behalf of an individual, you must attach a copy of a completed Authorized Agent Designation Form indicating that you have permission to act on another person’s behalf.
How We Protect and Retain Information
No method of transmission over the internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
Some of our websites and mobile applications permit you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.
We retain your personal information for only as long as necessary to fulfil the purposes outlined in this Privacy Notice, including for the purposes of satisfying any legal, accounting, or reporting requirements, unless a longer retention period is required or permitted by law. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we obtained the information and whether we can achieve those purposes through other means, as well as applicable legal requirements.
Transmission Of Information To Other Countries
As a multi-national company, we transmit information between and among our affiliates. As a result, your information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. Nonetheless, where possible we take steps to treat personal information using the same privacy principles that apply pursuant to the law of the country in which we first received your information. By submitting your personal information to us you agree to the transfer, storage, and processing of your information in a country other than your country of residence including, but not necessarily limited to, the United States.
We rely on Standard Contractual Clauses established by the European Commission for the cross-border transfer of personal information from the European Union and Switzerland to the United States. We also rely on the International Data Transfer Agreement established by the United Kingdom’s Information Commissioner’s Office, for the cross-border transfer of personal information from the United Kingdom to the United States. If you would like further information related to our use of Standard Contractual Clauses or International Data Transfer Agreement/s, please feel free to contact us using the information within the Contact Information section below.
Additional Disclosures
We may also disclose personal data in any of the following circumstances: (1) in response to a subpoena, search warrant, court order, or other legal process or request, or as may otherwise be required by applicable law or regulation; (2) to protect and defend our rights or property or those of its franchisees, suppliers, related entities, affiliates, business partners, or others; or (3) as we, in our sole discretion, believe is appropriate under exigent circumstances in response to a perceived threat to the personal safety, property, or rights of any other person or organization.
In addition, since member data on our Sites and in our Apps is a business asset, in the event we are reorganized or sold to or merged with another company, we may sell, assign, or transfer your personal data to a purchaser of all or substantially all of our business assets, or to an affiliate, as applicable.
We rely on the following legal grounds for the processing of personal data:
General personal data.
- Performance of the contract with you pursuant to section 11(1)(b) of the Protection of Personal Information Act, 2013 (“POPIA”);
- legitimate interests of Anytime Fitness South Africa, our affiliates or other third parties (such as existing or potential franchisees, business partners, suppliers, customers, end-customers, governmental bodies, or courts) pursuant to section 11(1)(f) of POPIA (more information on the balancing test is available upon request));
- consent pursuant to section 11(1)(a) of POPIA, if provided by you for certain purposes and permitted under local data protection law, e.g. pictures of events, surveys;
- compliance with legal obligations pursuant to section 11(1)(c) of POPIA, in particular in the area of data protection law, tax law, and corporate compliance laws; and
- protection of your legitimate interests pursuant to section 11(1)(d) of POPIA.
Sensitive Employee Data.
- Explicit consent pursuant to section 27(1)(a) of POPIA if provided by you for certain purposes and to the extent permitted by EU law or local data protection law;
- carrying out the obligations, exercising or defending the specific rights of Anytime Fitness South Africa, or you in the field of local data protection law pursuant to section 27(1)(b) of POPIA;
- public data as made public manifestly by you pursuant to section 27(1)(e) of POPIA; and
- establishing, exercising, or defending legal claims pursuant to section 27(1)(b) of POPIA.
We strive to offer you an integrated, comprehensive way to manage your lifestyle, fitness goals and activity. In order to operate the Sites and Apps as one seamless experience, however, we must share your personal data with our parent company, subsidiaries, and affiliates to provide you with the integrated services offered through the Sites and Apps. We may also share such data with our franchisees, or other business partners with whom we collaborate or work with to provide specific services to you or if we think the products or services, they offer would be of interest to you. We may provide user data to third-party service providers or vendors for purposes of, including without limitation, initiating direct marketing programs on our behalf, data tracking, maintenance or development of our Sites or Apps, development of online products and services, customer service or new product development, or other contracted promotional opportunities provided to our users. We, as well as our franchisees, vendors, or other business partners may use this data for marketing and solicitation purposes. This may require that we transfer your personal data to natural or legal persons in countries outside South Africa. Those countries’ laws might not protect your personal data in the same way or on the same level as the law in South Africa, however, we will take reasonable steps to ensure that any recipients of your personal data in other countries have appropriate privacy measures in place by, for example, concluding a legal agreement with the recipient.
Your fitness club visit data (for all Anytime Fitness® clubs that you visit), App data, and personal data may be made available to those clubs’ franchisees, management and employees, or other contracted service providers whom you have engaged to provide services to you. Each of those parties is obligated to maintain the confidentiality of your personal data, and is permitted to access and use your personal data solely for the purpose of providing or enhancing services you use through the Anytime Fitness® club system or Apps. Additionally, you may choose to share personal data from the Sites or Apps with personal trainers or other Anytime Fitness® members to assist you in evaluating your activities and goals.
We try to be selective in working with third parties and, where applicable we ensure that third parties with whom we share your personal data will process your personal data in accordance with the provisions of POPIA, however, we are not responsible for their use of your personal data outside the scope of our mandate with such third parties. Where payments are involved, we must release your credit card data to credit card authorization service providers and associated banks to process your payment for purchases, returns or refunds.
We may transfer to our online service providers personal data you provide to us so that these parties may store and process your personal data to provide their services to us.
We may share aggregate data with vendors, potential advertisers, business partners, or other third parties. Aggregate data does not include personal data.
Except as described in this section, we will not give or sell your personal data to any other party.
Third-Party Applications/Websites
For your convenience, we may provide links to websites and other third-party content or services that we do not own or operate. The websites and third-party content to which we link may have separate privacy notices or policies. Please note, we have no control over the privacy practices websites, or services that we do not own. We encourage you to review the privacy policies of any third-party website or application for details about such third party’s privacy practices.
Changes To This Privacy Notice
Our Privacy Notice includes an “effective” and “last updated” date. The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current version was last substantively modified. We reserve the right to modify this Privacy Policy, completely or in part, from time to time through the posting of notices on the Sites, at any time. You should check the Sites frequently for notices to identify modifications of the Privacy Policy that may be of interest to you.
Children
Our websites and online services are not intended for children under the age of 13 and we do not knowingly collect personal information from children under age 16, without parental consent. Children under the age of 13 should not provide their personal information to us.
Contact Information
If you have any questions, comments, or complaints concerning our privacy practices, or if you need to access this Privacy Notice in an alternative format due to having a disability, please contact us at the appropriate address below. We will attempt to respond to your requests and to provide you with additional privacy-related information.
[update to reflect the correct email address] @anytimefitness.com
Anytime [update to reflect your legal entity name]
Attention: Privacy Department
Update to reflect your address]
For further information or enquiries regarding your personal data (including to request access to or correction of your personal data or to make a privacy complaint), please contact our Data Protection Officer at:
Cape Point Group Pty Ltd exclusive agent for Anytime Fitness South Africa
Attention: Data Protection Officer
16 Triplets Way, Erinvale Estate
Somerset West, Cape Town
Western Cape, 7130
South Africa
info@anytimefitness.co.za
If you have a complaint about how we have collected or handled your personal data, please contact our Data Protection Officer at the mail address set forth above.
Our representative can be contacted as follows: info@anytimefitness.co.za.
If you are not satisfied with our response, and are in the European Union or United Kingdom, you may have a right to lodge a complaint with your local supervisory authority.
Right to lodge a complaint
You have a right to lodge a complaint to the Information Regulator if you believe that we have interfered with the protection of your personal information. Should you wish to do so, you may contact the Information Regulator at the following address:
Address: | JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001 |
Post: | P.O Box 31533, Braamfontein, Johannesburg, 2017 |
Email: | inforeg@justice.gov.za (enquiries) / complaints.IR@justice.gov.za (complaints) |
Website: |
Effective Date: 15 December 2024
Last Update: 21 October 2024
• Automatically through the use of cookies, web beacons, server logs, and other similar technologies when
you interact with our websites, mobile applications, advertisements, and emails.
• From other sources, including, for example, our affiliates, business partners, service providers, online social
media networks, and other third parties, or from publicly available sources. For example, if you submit a
job application or an application for a franchise, we may conduct a background check.
The following provides examples of the type of information that we collect in a variety of contexts and how we use
that information.
Context Types of Information Primary Purpose for Collection
and Use of Information
Account Registration When you create an account or register
for our services, we collect your name,
contact information (such as your email
address, and phone number), profile
username and password. We also collect
information relating to the actions that
you perform while logged into your
account.
We have a legitimate interest in providing
account related functionalities to our
users.
Cookies and First–
Party Tracking
We use cookies and similar tracking
technologies, such as web beacons (also
known as clear GIFs) to collect certain
information when you visit our websites or
interact with our emails. “Cookies” are
small pieces of information that a website
sends to a computer’s hard drive while a
website is viewed. See our Cookie Settings
for more information.
We have a legitimate interest in making
our website operate efficiently.
Cookies and Third–
Party Tracking
We may place tracking technology on our
website that collects analytics, records
how you interact with our website, or
allows us to participate in behavior–based
advertising. This means that a third party
uses technology (e.g., a cookie) to collect
information about your use of our website
so that they can report analytics to us or
provide advertising about products and
services tailored to your interests. That
third party might also collect information
over time and across different websites in
order to serve advertisements on our
website or other websites. See our Cookie
Settings for more information.
Where required by law, we base the use
of third–party cookies upon consent.
Advertising
Purposes
We engage in targeted advertising,
including by converting email addresses
into identifiers (either by us or using a
third–party organization to deidentify the
information).
Where required by law, we base using
email addresses in this way upon consent.
Demographic
Information
We collect personal information, such as
your age or location.
We have a legitimate interest in
understanding our users and providing
tailored services.
Distance
Information
When you use one of our mobile
applications we collect your location from
the GPS, Wi–Fi, and/or cellular technology
in your device to determine your location
and your distance from a location which
offers our services.
We have a legitimate interest in
understanding our users and providing
tailored services. In some contexts our use
is also based upon your consent to
provide us with geo location information.
Inquiries,
Comments, and
Feedback
If you contact us, we will collect your
name and contact information (such as
email address), as well as any other
content that you send to us, in order to
reply.
We have a legitimate interest in receiving,
and acting upon, your feedback or issues.
Mailing List When you sign up for one of our mailing
lists, we collect your email address or
postal address (as applicable).
We share information about our products
and services with individuals that consent
to receive such information, where
required by law. We also have a legitimate
interest in sharing information about our
products or services.
Mobile Devices We collect information from your mobile
device such as unique identifying
information broadcast from your device
when visiting our website or when visiting
one of our locations.
We have a legitimate interest in
identifying unique visitors, and in
understanding how users interact with us
on their mobile devices.
Mobile Application
Integrations
We collect information through
integrations with HealthKit™ and/or
Google Fit™, to allow us to personalize
your app experience, to allow our coaches
to measure your progress and adjust
programming, and for other related uses.
We base mobile application integrations
upon consent.
Payments We collect your name, mailing address,
billing address, email address, phone
number, and credit card number when
you make a purchase, using a third–party
payment processing vendor.
We use your information to perform our
contract to provide you with products or
services.
Partner Promotion We collect information that you provide as
part of a co–branded promotion with
another company.
We have a legitimate interest in fulfilling
our promotions.
Prospective
Employees
If you are a prospective employee or
employee, we may collect detailed
information such as your first name, last
name, email address, phone number,
address, and related information to
evaluate your qualifications for
employment. This may include, among
other things, your Social Security Number.
Providing this information is required to
be considered for employment.
In some contexts, we are required by law
to collect information about potential
employees or applicants. We also have a
legitimate interest in using your
information to have efficient staffing and
work force operations.
Prospective
Franchisees
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
We have a legitimate interest in
evaluating potential franchisees.
assets, to evaluate your qualifications for
an affiliates franchise.
Public Health and
Safety
In certain situations where a serious public
health threat has been identified (e.g.,
Covid–19), we may collect information
from employees, guests, and other
individuals accessing our facilities. This
may include medical and health
information, such as body temperature,
symptoms, and underlying health
conditions.
We have a legitimate interest in
protecting the health and safety of our
employees and guests. In some
jurisdictions we may be required by law,
regulation, or governmental order to
collect and retain information related to
issues of public health and safety. We
have a legitimate interest in complying
with the laws in the jurisdictions in which
we operate.
Social Media
Account Sign–In
Feature
You may choose to log into your account
on a website or through our mobile
applications via certain social media
networking services, such as Facebook and
Twitter (“Social Media Accounts”). By
integrating these Social Media Accounts
into your account, we are able to 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 a legitimate interest in providing
alternative sign ins to our users.
Surveys When you participate in a survey, we
collect information that you provide
through the survey. If the survey is
provided by a third party service provider,
the third party’s Privacy Notice applies to
the collection, use, and disclosure of your
information.
We have a legitimate interest in
understanding your opinions, and
collecting information relevant to our
organization.
Sweepstakes or
Contests
When you participate in a sweepstakes,
contest, or other promotional activity, we
collect information about you which
includes contact information to notify you
if you are selected.
We have a legitimate interest in operating
our sweepstakes, contests, and other
promotional activities. In some contexts,
we are also required by law to collect
information about those that enter into
our sweepstakes, and we have a
legitimate interest in complying with
those laws.
Website Interactions We use technology to monitor how you
interact with our website. This may
include which links you click on, or
information that you type into our online
forms. This may also include information
about your device or browser.
We have a legitimate interest in
understanding how you interact with our
website to better improve it, and to
understand your preferences and
interests in order to select offerings that
you might find most useful. We also have
a legitimate interest in detecting and
preventing fraud.
Web Logs When you visit our website, we
automatically collect certain information,
We have a legitimate interest in
monitoring our networks and the visitors
including your browser type, operating
system, Internet Protocol (IP) address (a
number that is automatically assigned to a
computer when the internet is used),
domain name, click–activity, referring
website, and/or a date/time stamp for
visitors.
to our websites. Among other things, it
helps us understand which of our services
is the most popular.
Please note, some of the information described above is mandatory for the performance of certain services, and if
not provided, you may not be able to utilize or participate in some of our online services or features.
How We Use Information
In addition to the purposes and uses described above, we use information in the following ways:
• To identify you when you visit our websites or any of our locations.
• To provide products and services or to process returns or refunds.
• To process payments (using a third–party payment processing vendor).
• To create and manage your account and/or membership
• To improve our websites, mobile applications, services, and product offerings.
• To conduct analytics and research.
• To communicate with you, such as to respond to and/or follow–up on your requests, inquiries,
issues, or feedback.
• To send you electronic communications you have requested, such as text messages, push
notifications, notifications through our mobile application or through your mobile device.
• To send marketing and promotional materials including information relating to our products,
services, sales, or promotions, or those of our business partners.
• To develop and display content and advertising tailored to your interests and preferences.
• To detect and protect against malicious, deceptive, fraudulent, or illegal activity, including violation
of our policies and terms and conditions, security incidents, and harm to the rights, property, or
safety of our company and our users, employees, or others.
• To debug, identify and repair errors that impair existing intended functionality of our website and
services.
• To comply with our legal or regulatory obligations, to establish or exercise our rights, and to defend
against a legal claim.
• For internal administrative purposes, as well as to manage our relationships.
• For such other purposes as you may consent (from time to time).
Although the sections above describe our primary purpose in collecting your information, in many situations we
have more than one purpose. For example, if you complete an online purchase, we may collect your information to
perform our contract with you, but we also collect your information as we have a legitimate interest in maintaining
your information after your transaction is complete so that we can quickly and easily respond to any questions about
your order. As a result, our collection and processing of your information is based in different contexts upon your
consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our
business.
To the extent we maintain and use personal information in a deidentified form, we will not attempt to reidentify the
information, except for the purpose of determining whether our deidentification processes satisfy our legal
obligations.
How We Share Information
In addition to the specific situations discussed elsewhere in this Privacy Notice, we may disclose personal information
in the following situations:
• Affiliates and Acquisitions. We may share information with our corporate affiliates (e.g., parent
company, sister companies, subsidiaries, joint ventures, or other companies under common control).
If another company acquires, or plans to acquire, our company, business, or our assets, we will also
share information with that company, including at the negotiation stage.
• Franchisees and Business Partners. We may share information with our franchisees, or other business
partners with whom we collaborate or work with to provide specific services to you.
• Other Disclosures without Your Consent. We may disclose information in response to subpoenas,
warrants, or court orders, or in connection with any legal process, or to comply with relevant laws or
regulations. We may also disclose your information in order to establish or exercise our rights, to
defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities,
suspected fraud, safety of person or property, or a violation of our policies.
• Partner Promotion. We may offer contests, sweepstakes, or other promotions with third–party
partners. If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third–party
partner, the information that you provide will be shared with us and with them. Their use of your
information is not governed by this Privacy Notice.
• Service Providers. We may share your information with service providers. Among other things service
providers may help us to maintain our website and/or mobile applications, conduct analytics,
administer surveys, provide technical support, process payments, assist with customer services, and
manage direct marketing programs on our behalf .
• Other Disclosures with Your Consent. We may disclose your information to other third parties when
we have your consent or direction to do so.
Your Choices
Some jurisdictions give you a right to make the following choices regarding your personal information:
• Access To Your Personal Information. You may request access to your personal information or
confirmation that we have information about you. In certain limited circumstances, you may also
request to receive access to your data in a portable, machine–readable format.
• Changes To Your Personal Information. You may ask us to correct information that is inaccurate or
incomplete. Note that we may keep historical information in our backup files as permitted by law. We
rely on you to update and correct your personal information. You may edit or deactivate your account
information or account at any time by signing into your account on the website or mobile application
and navigating through your settings. If our website or mobile application does not permit you to
update or correct certain information, you can contact us at the address described below in order to
request that your information by modified.
• Deletion Of Your Personal Information. You may request that we delete your personal information. If
required by law, we will grant a request to delete information, but you should note that in many
situations we must keep your personal information to comply with our legal obligations, resolve
disputes, enforce our agreements, or for another business purposes.
• Opt–out of Sharing for Targeted Advertising. You may opt–out of online tracking based targeted
advertising (e.g., cookies) by clicking the Cookie Settings link here. Please note that if you change
browsers or computers, or if you clear your browser’s cache, you may need to click the link again to
apply your preference. You may also opt–out of other forms of targeted advertising by submitting a
request via the “Do Not Sell or Share My Information” button in our online portal.
• Objection to or Restriction of Certain Processing. In certain limited circumstances, you may object to
or restrict our processing of your personal information.
• Revocation Of Consent. Where we process your personal information based upon consent, you may
revoke consent. Please note, if you revoke your consent for the processing of personal information
then we may no longer be able to provide you services.
• Online Tracking. We do not currently recognize the “Do Not Track” signal.
• Promotional Emails. You may choose to provide us with your email address for the purpose of allowing
us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted
offers from third parties. You can stop receiving promotional emails by following the unsubscribe
instructions in emails that you receive. If you decide not to receive promotional emails, we may still
send you service related communications.
• Promotional Mailings. If at any time you do not want to receive offers and/or circulars from us you can
remove yourself from our mailing lists by emailing us (our contact information is below) with “NO SNAIL
MAIL” in the subject line along with your name, address, and zip code. Please note that our mailings
are prepared in advance of their being sent. Although we will remove your name from our mailing list
after receiving your request, you may still receive mailings from us that had been initiated prior to your
name being removed.
• Promotional Text Messages. If you receive a text message from us that contains promotional
information you can opt–out of receiving future text messages by replying “STOP.”
Please note, not all of the rights described above are absolute, and they do not apply in all circumstances. In some
cases, we may limit or deny your request because the law permits or requires us to do so, or if we are unable to
adequately verify your identity. We will not discriminate against individuals who exercise their privacy rights under
applicable law.
Submitting Requests
You may exercise the rights described above through our online portal or by contacting us as indicated in the
“Contact Information” section below. If we refuse to honor a request, you may appeal our refusal by contacting us
with the subject line “Appeal.”
Note that, as required by law, we will require you to prove your identity. We may verify your identity by phone call
or email. Depending on your request, we will ask for information such as your name, email address, telephone
number and club location. Following a request, we will use reasonable efforts to supply, correct or delete personal
information about you in our files.
Authorized Agents
In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights
on your behalf. If you are an authorized agent submitting a request on behalf of an individual, you must attach a
copy of a completed Authorized Agent Designation Form indicating that you have permission to act on another
person’s behalf.
How We Protect and Retain Information
No method of transmission over the internet, or method of electronic storage, is fully secure. While we use
reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot
guarantee the security of your personal information. In the event that we are required by law to inform you of a
breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do
so by law.
Some of our websites and mobile applications permit you to create an account. When you do you will be prompted
to create a password. You are responsible for maintaining the confidentiality of your password, and you are
responsible for any access to or use of your account by someone else that has obtained your password, whether or
not such access or use has been authorized by you. You should notify us of any unauthorized use of your password
or account.
We retain your personal information for only as long as necessary to fulfil the purposes outlined in this Privacy
Notice, including for the purposes of satisfying any legal, accounting, or reporting requirements, unless a longer
retention period is required or permitted by law. To determine the appropriate retention period for personal
information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from
unauthorized use or disclosure of the information, the purposes for which we obtained the information and whether
we can achieve those purposes through other means, as well as applicable legal requirements.
Transmission Of Information To Other Countries
As a multi–national company, we transmit information between and among our affiliates. As a result, your
information may be processed in a foreign country where privacy laws may be less stringent than the laws in your
country. Nonetheless, where possible we take steps to treat personal information using the same privacy principles
that apply pursuant to the law of the country in which we first received your information. By submitting your
personal information to us you agree to the transfer, storage, and processing of your information in a country other
than your country of residence including, but not necessarily limited to, the United States.
We rely on Standard Contractual Clauses established by the European Commission for the cross–border transfer of
personal information from the European Union and Switzerland to the United States. We also rely on the
International Data Transfer Agreement established by the United Kingdom’s Information Commissioner’s Office, for
the cross–border transfer of personal information from the United Kingdom to the United States. If you would like
further information related to our use of Standard Contractual Clauses or International Data Transfer Agreement/s,
please feel free to contact us using the information within the Contact Information section below.
Additional Disclosures
We may also disclose personal data in any of the following circumstances: (1) in response to a subpoena, search
warrant, court order, or other legal process or request, or as may otherwise be required by applicable law or
regulation; (2) to protect and defend our rights or property or those of its franchisees, suppliers, related entities,
affiliates, business partners, or others; or (3) as we, in our sole discretion, believe is appropriate under exigent
circumstances in response to a perceived threat to the personal safety, property, or rights of any other person or
organization.
In addition, since member data on our Sites and in our Apps is a business asset, in the event we are reorganized or
sold to or merged with another company, we may sell, assign, or transfer your personal data to a purchaser of all
or substantially all of our business assets, or to an affiliate, as applicable.
We rely on the following legal grounds for the processing of personal data:
General personal data.
• Performance of the contract with you pursuant to section 11(1)(b) of the Protection of Personal
Information Act, 2013 (“POPIA”);
• legitimate interests of Anytime Fitness South Africa, our affiliates or other third parties (such as existing or
potential franchisees, business partners, suppliers, customers, end–customers, governmental bodies, or
courts) pursuant to section 11(1)(f) of POPIA (more information on the balancing test is available upon
request));
• consent pursuant to section 11(1)(a) of POPIA, if provided by you for certain purposes and permitted
under local data protection law, e.g. pictures of events, surveys;
• compliance with legal obligations pursuant to section 11(1)(c) of POPIA, in particular in the area of data
protection law, tax law, and corporate compliance laws; and
• protection of your legitimate interests pursuant to section 11(1)(d) of POPIA.
Sensitive Employee Data.
• Explicit consent pursuant to section 27(1)(a) of POPIA if provided by you for certain purposes and to the
extent permitted by EU law or local data protection law;
• carrying out the obligations, exercising or defending the specific rights of Anytime Fitness South Africa, or
you in the field of local data protection law pursuant to section 27(1)(b) of POPIA;
• public data as made public manifestly by you pursuant to section 27(1)(e) of POPIA; and
• establishing, exercising, or defending legal claims pursuant to section 27(1)(b) of POPIA.
We strive to offer you an integrated, comprehensive way to manage your lifestyle, fitness goals and activity. In
order to operate the Sites and Apps as one seamless experience, however, we must share your personal data with
our parent company, subsidiaries, and affiliates to provide you with the integrated services offered through the
Sites and Apps. We may also share such data with our franchisees, or other business partners with whom we
collaborate or work with to provide specific services to you or if we think the products or services, they offer would
be of interest to you. We may provide user data to third–party service providers or vendors for purposes of,
including without limitation, initiating direct marketing programs on our behalf, data tracking, maintenance or
development of our Sites or Apps, development of online products and services, customer service or new product
development, or other contracted promotional opportunities provided to our users. We, as well as our franchisees,
vendors, or other business partners may use this data for marketing and solicitation purposes. This may require
that we transfer your personal data to natural or legal persons in countries outside South Africa. Those countries’
laws might not protect your personal data in the same way or on the same level as the law in South Africa,
however, we will take reasonable steps to ensure that any recipients of your personal data in other countries have
appropriate privacy measures in place by, for example, concluding a legal agreement with the recipient.
Your fitness club visit data (for all Anytime Fitness® clubs that you visit), App data, and personal data may be made
available to those clubs’ franchisees, management and employees, or other contracted service providers whom
you have engaged to provide services to you. Each of those parties is obligated to maintain the confidentiality of
your personal data, and is permitted to access and use your personal data solely for the purpose of providing or
enhancing services you use through the Anytime Fitness® club system or Apps. Additionally, you may choose to
share personal data from the Sites or Apps with personal trainers or other Anytime Fitness® members to assist you
in evaluating your activities and goals.
We try to be selective in working with third parties and, where applicable we ensure that third parties with whom
we share your personal data will process your personal data in accordance with the provisions of POPIA, however,
we are not responsible for their use of your personal data outside the scope of our mandate with such third
parties. Where payments are involved, we must release your credit card data to credit card authorization service
providers and associated banks to process your payment for purchases, returns or refunds.
We may transfer to our online service providers personal data you provide to us so that these parties may store
and process your personal data to provide their services to us.
We may share aggregate data with vendors, potential advertisers, business partners, or other third parties.
Aggregate data does not include personal data.
Except as described in this section, we will not give or sell your personal data to any other party.
Third–Party Applications/Websites
For your convenience, we may provide links to websites and other third–party content or services that we do not
own or operate. The websites and third–party content to which we link may have separate privacy notices or policies.
Please note, we have no control over the privacy practices websites, or services that we do not own. We encourage
you to review the privacy policies of any third–party website or application for details about such third party’s privacy
practices.
Changes To This Privacy Notice
Our Privacy Notice includes an “effective” and “last updated” date. The effective date refers to the date that the
current version took effect. The last updated date refers to the date that the current version was last substantively
modified. We reserve the right to modify this Privacy Policy, completely or in part, from time to time through the
posting of notices on the Sites, at any time. You should check the Sites frequently for notices to identify
modifications of the Privacy Policy that may be of interest to you.
Children
Our websites and online services are not intended for children under the age of 13 and we do not knowingly collect
personal information from children under age 16, without parental consent. Children under the age of 13 should not
provide their personal information to us.
Contact Information
If you have any questions, comments, or complaints concerning our privacy practices, or if you need to access this
Privacy Notice in an alternative format due to having a disability, please contact us at the appropriate address below.
We will attempt to respond to your requests and to provide you with additional privacy–related information.
[update to reflect the correct email address] @anytimefitness.com
Anytime [update to reflect your legal entity name]
Attention: Privacy Department
Update to reflect your address]
For further information or enquiries regarding your personal data (including to request access to or correction of
your personal data or to make a privacy complaint), please contact our Data Protection Officer at:
Cape Point Group Pty Ltd exclusive agent for Anytime Fitness South Africa
Attention: Data Protection Officer
16 Triplets Way, Erinvale Estate
Somerset West, Cape Town
Western Cape, 7130
South Africa
info@anytimefitness.co.za
If you have a complaint about how we have collected or handled your personal data, please contact our Data
Protection Officer at the mail address set forth above.
Our representative can be contacted as follows: info@anytimefitness.co.za.
If you are not satisfied with our response, and are in the European Union or United Kingdom, you may have a
right to lodge a complaint with your local supervisory authority.
Right to lodge a complaint
You have a right to lodge a complaint to the Information Regulator if you believe that we have interfered with the
protection of your personal information. Should you wish to do so, you may contact the Information Regulator at
the following address:
Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Post: P.O Box 31533, Braamfontein, Johannesburg, 2017
Email: inforeg@justice.gov.za (enquiries) /
complaints.IR@justice.gov.za (complaints)
Website: https://justice.gov.za/inforeg/index.html
Effective Date: [Update to reflect effective date]
Last Update: 21 October 2024
Privacy Policy
Effective Date: December, 2020
This Privacy Policy outlines Cape Point Group Pty Ltd (Reg: 2021 / 816690 / 07) exclusive agent for (“Anytime Fitness South Africa”, “we” or “us”) current policy on personal data concerning club members, consumers, and franchisees, and covers the operations of our fitness clubs, franchise operations, business development, use of our websites under www.anytimefitness.co.za (the “Sites”) and mobile software applications, including our Anytime Fitness® application and may cover some data pulled from affiliated applications, to the extent that data is included in the Anytime Fitness® application (“Apps”).
By using Anytime Fitness® services, Sites, Apps, products, features, tools or resources, you agree to the terms of this Privacy Policy and our Terms & Conditions. You may refuse or withdraw your consent at any time; however, we may not then be able to provide you with our full range of products and services. You may not use the Sites, Apps, or our products or services if you do not agree to the Privacy Policy.
This policy may change from time to time. Your continued use after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
In the following Privacy Policy, we provide you with information regarding:
- Personal Data We Collect through the Sites and Apps
- How We Use and Share Your Personal Data and Legal Bases
- Our Use of “Cookies” on the Sites and Apps
- Our Relationship with other Websites
- Access and Correction of your Personal Data
- Security of Your Personal Data
- Retention of your Personal Data
- Changes to this Privacy Policy
- How to Contact Us
- Country-Specific Addenda
We encourage you to read this whenever you visit our Sites or use our Apps, since we may change this Privacy Policy from time to time. A copy of the current Privacy Policy is always posted at: www.anytimefitness.co.za/privacy
Territories
This Privacy Policy covers our activities throughout the world. We may host the Sites or information within the Apps on servers located within various countries or in any other country we, our service providers, or our service providers’ vendors maintain facilities, including the United States. This means that your personal data may be stored on servers located within any country where there are Anytime Fitness® locations. The locations of our servers may change from time-to-time. Further, our franchisees may maintain individual websites in the country or territory they service.
Privacy requirements and treatment of personal data varies from country to country. To meet these requirements, we have included certain “Country-Specific Privacy Notices” as part of this Privacy Policy. You may locate the Country-Specific Privacy Notices on our page.
Indemnity
BY SUBMITTING YOUR PERSONAL INFORMATION TO US, YOU ACKNOWLEDGE THAT WE WILL PROCESS YOUR PERSONAL INFORMATION IN THE UNITED STATES OR IN ANY OTHER COUNTRY IN THE WORLD AND TO OUR USE AND/OR PROCESSING OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. IF YOU ARE SUBMITTING PERSONAL INFORMATION OF THIRD PARTIES TO US, YOU WARRANT AND REPRESENT YOU HAVE THEIR CONSENT WHERE RELEVANT TO PROVIDE THEIR PERSONAL INFORMATION TO US AND, IRRESPECTIVE WHETHER OR NOT YOU HAVE SUCH THIRD PARTY’S CONSENT, YOU WILL HOLD US HARMLESS FROM AND AGAINST CLAIMS BY SUCH INDIVIDUALS RELATING TO OUR PROCESSING AND USE OF SUCH PERSONAL INFORMATION WITHIN THE TERMS OF THIS PRIVACY POLICY.
1. Personal Data We Collect through the Sites and Apps
In general, you can browse the non-password protected portions of our Sites without telling us who you are or revealing any personal data about yourself, except for our limited processing of data via “cookies” as described in Section 3.
We may collect personal data from you on our Sites and Apps or through any other digital or personal communication with you. Data collected by us is voluntarily provided by you and may be integrated with other data you have provided to our franchisees upon signing up for a membership at an Anytime Fitness® club.
If you are an Anytime Fitness® member, you may choose to integrate data from your membership account with the Sites and our Apps, but you will have the opportunity to opt-in to that integration of data across different platforms. Our Sites and the Apps may also collect general data about your technology interface or preferences (such as the type of browser used or the files requested). Some of the data described below is mandatory for the performance of certain services, and if not entered, you may not be able to utilize or participate in some of our online services or features.
The data we may collect through your use of the Sites may include, but is not limited to:
- Where the account registration feature is available, your contact data to create an Anytime Fitness® 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 Sites;
- Your transaction history relating to the use of our clubs, purchase of certain products or other data you wish to share with us and integrate with the Sites;
- If integration with your membership is available to you, membership-related data, such as your home address, Anytime Fitness® location, key FOB number, and membership number;
- Fitness-related data provided in the membership process, such as your height, weight, general fitness-related goals or other data helpful to achieving your fitness goal;
- Data regarding training sessions, classes, or other data regarding your utilization of services at the club-level;
- Where the account registration feature is available, correspondence with your personal training or Anytime Fitness® club regarding your activity;
- Data provided by you when you participate in a survey or communication to you regarding your use of the Sites, or utilizing Anytime Fitness® services;
- Data provided by you to participate in advertising contests or sweepstakes;
- Various account data related to your Anytime Fitness® membership to allow you to update credit card, bank account, other payment data, or any other data regarding your profile;
- If you are a prospective franchisee, we may collect detailed data such as your first name, last name, email address, phone number, address, and general financial data such as liquidity and assets, to evaluate your qualifications for an Anytime Fitness® 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 Sites or Apps through these third parties;
- Computer data or files, obtained via so-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 Sites and for us to credit your account for various online transactions;
- Computer data files, obtained via so-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.
- If you are a prospective employee and/or job applicant of Anytime Fitness South Africa, we will collect data from you. This data includes, your full name, educational information, employment history and contact details. By enquiring about employment opportunities at Anytime Fitness South Africa or applying for employment, we infer that we are acting in your and our legitimate interests when we process your personal data for recruitment purposes, which may include screening as well as background and reference checks by third parties.
To fully utilize the products and services available through our Apps, you may choose to download separate applications, and may opt to have the data entered into those applications automatically integrate with the Anytime Fitness® App. We may also integrate the Apps with other applications or platforms, or additional applications that are useful to integrate your fitness goals and activity. If you choose to integrate data collected by a separate application or entity, once integrated with the Apps, we will also have access to and the right to use the data provided to your Anytime Fitness® profile. Any of these third-party applications will have their own privacy policies and terms regarding the collection, use and maintenance of data entered through that third-party application.
The data 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 data may include, but is not limited to:
- Data to register for your App account, such as first name, last name, email address and other Anytime Fitness® membership data, 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 clubs, participation in training activities, classes or utilization of other Anytime Fitness® products or services;
- Membership-related data, such as your home address, Anytime Fitness® location, key FOB number, and membership number;
- Fitness-related data provided in the membership process, such as your height, weight, general fitness-related goals, fitness-related habits or other data helpful to achieving your fitness goals;
- Certain location or geolocation data 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;
- Data regarding personal training sessions and communication with your personal trainer or other Anytime Fitness® staff;
- Records of copies of your correspondence, if you contact us;
- Data provided by you when you participate in a survey or communication to you regarding your use of the Apps, or utilizing Anytime Fitness® services;
- Various account data related to your Anytime Fitness® membership to allow you to update credit card, bank account, other payment data, or any other data regarding your profile;
- 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, obtained via so-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.
Data obtained from your Social Media Accounts
You may choose to log into your Anytime Fitness® account on the Sites 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 are able to offer you more personalized services, but may also collect certain personal data provided in your Social Media Accounts, such as your profile data, email address, profile picture and friend list. If you do not want us to have access to this data, do not utilize the Social Media Account sign-in feature.
Children Under the Age of 18
Our Sites and Apps are not designed for children and we do not knowingly collect data from any person under the age of 18. If you are under the age of 18, please do not submit any personal data to us through the Sites or any Apps. If we learn we have collected or received personal data from a child under 18, we will delete that data.
2. How We Use and Share Your Personal Data and Legal Bases
We will use your personal data to provide the services we offer on the Sites and through our Apps, including:
- Processing and updating your membership data, including personal data you provide, credit card data or other electronic payment processing;
- Processing your billing data, which may be contracted to our third-party payment processing vendor;
- Contacting you regarding services you have engaged in or with, including personal training or collection efforts;
- Providing you with data regarding club locations nearest to you or certain data regarding your club;
- Conducting marketing and research, through direct surveys to you, but also through our or our franchisees’ communication with you;
- Providing you with information you have requested from us, our franchisees or trainers you have engaged with;
- Developing and displaying content and advertising tailored to your interests and preferences;
- Processing your franchise application and contacting you regarding franchise opportunities;
- Conducting contests and sweepstakes;
- Sending you electronic communications you have requested, such as text messages, push notifications, notifications through our Apps or through your mobile device;
- Providing you with updates and content based on your geo-location data you have provided to us;
- Providing assistance with your fitness goals, such as encouragement on workouts, training schedules, recommended dietary changes, and other data to help you reach your fitness goals; and
- Contact you regarding updates to the Sites, Apps, or provide administrative notices to you;
- Providing your personal information to a debt collection agency if your account is in arrears and or your membership has been terminated in arrears with the club.
We strive to offer you an integrated, comprehensive way to manage your lifestyle, fitness goals and activity. In order to operate the Sites and Apps as one seamless experience, however, we must share your personal data with our parent company, subsidiaries, and affiliates to provide you with the integrated services offered through the Sites and Apps. We may also share such data with our franchisees, or other business partners with whom we collaborate or work with to provide specific services to you or if we think the products or services, they offer would be of interest to you. We may provide user data to third-party service providers or vendors for purposes of, including without limitation, initiating direct marketing programs on our behalf, data tracking, maintenance or development of our Sites or Apps, development of online products and services, customer service or new product development, or other contracted promotional opportunities provided to our users. We, as well as our franchisees, vendors, or other business partners may use this data for marketing and solicitation purposes. This may require that we transfer your personal data to natural or legal persons in countries outside South Africa. Those countries’ laws might not protect your personal data in the same way or on the same level as the law in South Africa, however, we will take reasonable steps to ensure that any recipients of your personal data in other countries have appropriate privacy measures in place by, for example, concluding a legal agreement with the recipient.
Your fitness club visit data (for all Anytime Fitness® clubs that you visit), App data, and personal data may be made available to those clubs’ franchisees, management and employees, or other contracted service providers whom you have engaged to provide services to you. Each of those parties is obligated to maintain the confidentiality of your personal data, and is permitted to access and use your personal data solely for the purpose of providing or enhancing services you use through the Anytime Fitness® club system or Apps. Additionally, you may choose to share personal data from the Sites or Apps with personal trainers or other Anytime Fitness® members to assist you in evaluating your activities and goals.
We try to be selective in working with third parties and, where applicable we ensure that third parties with whom we share your personal data will process your personal data in accordance with the provisions of POPIA, however, we are not responsible for their use of your personal data outside the scope of our mandate with such third parties. Where payments are involved, we must release your credit card data to credit card authorization service providers and associated banks to process your payment for purchases, returns or refunds.
We may transfer to our online service providers personal data you provide to us so that these parties may store and process your personal data to provide their services to us.
We may share aggregate data with vendors, potential advertisers, business partners, or other third parties. Aggregate data does not include personal data.
Except as described in this section, we will not give or sell your personal data to any other party.
Additional Disclosures.
We may also disclose personal data in any of the following circumstances: (1) in response to a subpoena, search warrant, court order, or other legal process or request, or as may otherwise be required by applicable law or regulation; (2) to protect and defend our rights or property or those of its franchisees, suppliers, related entities, affiliates, business partners, or others; or (3) as we, in our sole discretion, believe is appropriate under exigent circumstances in response to a perceived threat to the personal safety, property, or rights of any other person or organization.
In addition, since member data on our Sites and in our Apps is a business asset, in the event we are reorganized or sold to or merged with another company, we may sell, assign, or transfer your personal data to a purchaser of all or substantially all of our business assets, or to an affiliate, as applicable.
We rely on the following legal grounds for the processing of personal data:
General personal data.
- Performance of the contract with you pursuant to section 11(1)(b) of the Protection of Personal Information Act, 2013 (“POPIA”);
- legitimate interests of Anytime Fitness South Africa, our affiliates or other third parties (such as existing or potential franchisees, business partners, suppliers, customers, end-customers, governmental bodies, or courts) pursuant to section 11(1)(f) of POPIA (more information on the balancing test is available upon request));
- consent pursuant to section 11(1)(a) of POPIA, if provided by you for certain purposes and permitted under local data protection law, e.g. pictures of events, surveys;
- compliance with legal obligations pursuant to section 11(1)(c) of POPIA, in particular in the area of data protection law, tax law, and corporate compliance laws; and
- protection of your legitimate interests pursuant to section 11(1)(d) of POPIA.
Sensitive Employee Data.
- Explicit consent pursuant to section 27(1)(a) of POPIA if provided by you for certain purposes and to the extent permitted by EU law or local data protection law;
- carrying out the obligations, exercising or defending the specific rights of Anytime Fitness South Africa, or you in the field of local data protection law pursuant to section 27(1)(b) of POPIA;
- public data as made public manifestly by you pursuant to section 27(1)(e) of POPIA; and
- establishing, exercising, or defending legal claims pursuant to section 27(1)(b) of POPIA.
3. Our Use of “Cookies” on the Sites and Apps
A “cookie” is a small data file stored on your web browser or on your mobile device that allows us to recognize your computer or mobile device when you visit the Sites or Apps by associating identification numbers with other user data you have provided us. Some cookies will remain on the hard drive of your computer or mobile device for the duration of your browser or user session, while others will remain until deleted by you. You may also be able to configure your computer or mobile device to limit the collection of these “cookies,” but that limitation may also limit our ability to provide all the services or functionality of the Sites or Apps. Some third-party service providers may use “flash cookies,” which are saved on your computer, but cannot be rejected, disabled, turned off, opted out of, or deleted in the same way as regular cookies. To learn how to manage your flash cookie settings, visit the Flash player settings page on Adobe’s website.
In collecting and maintaining cookie-based data or other data collected directly from your mobile device, such as your geolocation, we are able to:
- Provide you with access to your user preferences, and sign-in on approved devices;
- Provide the basic functionality of the Apps, such as displaying your live location and movement;
- Installing and monitoring elements of the Apps for security purposes;
- Help diagnose problems with the Sites or Apps, administer and improve the Sites or Apps, and measure the use of the Sites or Apps;
- Identify your internet provider, page views and other data regarding utilization of the Sites;
- Gather other web analytics data related to your and other users’ use and navigation of the Sites and Apps;
- Provide you with relevant content, including advertisements and other offers from third parties;
- Aggregate cookie data across all users to track overall visitor traffic patterns and provide this aggregated data to vendors, potential advisors, business partners, new agencies, or other parties to identify interests or plan for technical infrastructure requirements;
- Conduct advertising based on your use of the Sites or Apps, as described below; and
- Otherwise provide improvements and enhancements to the Site.
We may also use third-party vendors, such as Google Analytics, to advertise to our users online. These third-party vendors may display Anytime Fitness® product advertisements on other websites based on your internet usage. More specifically, these vendors use first-party cookies (such as the Google Analytic cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to the Sites or another site affiliated with Anytime Fitness® products or services. Any data that these third parties collect via cookies is not linked to any personally identifiable data (name, address, email address, or phone number) we collect, or you provide on the website. You can opt-out of Google Analytics for Display Advertising by using Google’s Ads Settings.
4. Our Relationship with the Websites
In addition to the integration with certain mobile applications as described in this Privacy Policy, the Sites and Apps may contain links to other web sites or other mobile applications. Additionally, other web sites may contain links to the Sites. We do not review or monitor the web sites linked to the Sites and are not responsible for the contents or privacy policies related to any other web sites. If you visit one of these other web sites, you may want to review the privacy policy on that web site.
Where the Sites contain a link to another web site owned and/or operated by us, such web site use may be subject to different and additional terms of service.
5. Your rights
If you have declared your consent for any personal data processing activities, you can withdraw this consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.
Pursuant to applicable data protection law you may have the right to: request access to your personal data, request rectification of your personal data; request erasure of your personal data, request restriction of processing of your personal data; request data portability, and object to the processing of your personal data. Please note that these aforementioned rights might be limited under the applicable national data protection law.
For further information on these rights please refer to the Exhibit – Your Rights. You also have the right to lodge a complaint with the Information Regulator, the data protection supervisory authority in South Africa. To exercise your rights please contact us as stated in Section 9.
Opting Out or Unsubscribing
You may opt out of certain collections of cookies or other web or mobile device based enhancements, including geolocation data collection, by changing your browser settings or going into your preferences on your mobile device and restricting the transmission of certain data. Your limitation of the collection of this data, however, may disable our ability to provide you with the most relevant products or information regarding the Sites and Apps. Currently, our servers do not respond to browser “do not track” signals. If you would like more information regarding online marketing practices and know your choices about not having this information used by our third party service providers, you may visit www.networkadvertising.org/choices
To limit the integration of the Sites and Apps with other related applications you may disable the application through your setting preferences on the Apps or delete the applicable application from your mobile device. Deletion of the application may not delete data previously obtained through the related application.
To unsubscribe from our emails or other communication from us or a third party, you may follow the “unsubscribe” link at the bottom of the email or sign onto your account and change your email settings. To unsubscribe from text messages or any other mobile messages, you may follow the instructions provided at the time of opt-in or contact us at http://emailsettings.anytimefitness.com/
6. Security of Your Personal Data
We take reasonable precautions and have implemented managerial and technical procedures to try to protect the security of data and information, including personal data. However, we cannot guarantee against any loss, misuse, unauthorized disclosure, or alteration or destruction of data or personal data.
7. Retention of Your Personal Data
We keep your personal data only as long as we need it for the purposes for which it was originally collected (or to which you have subsequently consented) or for other legitimate purposes (such as regulatory compliance), or as permitted by applicable law.
When we no longer need to use your personal data, we will remove it from our systems and records and/or take steps to properly anonymize it so that you can no longer be identified from it, unless we need to keep your information, including personal data, to comply with legal or regulatory obligations to which we are is subject, e.g. statutory retention periods, or if we need it to preserve evidence within the statutes of limitation, which is usually [three years] but can be up to [thirty years].
8. Changes to our Privacy Policy
We reserve the right to modify this Privacy Policy, completely or in part, from time to time through the posting of notices on the Sites, at any time. You should check the Sites frequently for notices to identify modifications of the Privacy Policy that may be of interest to you.
For questions or comments related to this Privacy Policy, please email us at info@anytimefitness.co.za
9. Protection Of Personal Information Policy
1. PURPOSE AND OBJECTIVE
1.1. The purpose and objective of this policy is to give effect to the provisions of the Protection of Personal Information Act 4 of 2013 (hereinafter referred to as the POPI Act) to safeguard personal information.
1.2. Anytime Fitness (hereinafter referred to as “the company”) renders and/or market its gyms to its website users, it collects, processes, store and share personal information of these data subjects.
1.3. This policy sets out the measures and standards for the protection and lawful processing of personal information of the data subjects concerned.
1.4. All employees, subsidiaries, business units, departments and individuals directly associated with the company are responsible for adhering to this policy and for reporting any security breaches or incidents to the Information Officer.
1.5. Any service provider that provides informational technology services, including data storage facilities, to the company must adhere to the requirements of the POPI Act to ensure adequate protection of personal information held by them on the
company’s behalf.
2. MEASURES AND STANDARDS
2.1. The company agrees that the collection, processing, storage and sharing of personal information obtained from data subjects is in compliance and in accordance with the laws applicable to the protection of personal information.
2.2. The company shall ensure that the data subjects are aware that their information is being collected, who is collecting their information by providing them with the company’s details and of the specific reason why the company is collecting their
information. The company shall also ensure that the data subjects’ personal information is obtained with their consent.
2.3. The company will collect personal information directly from data subjects. Should personal information be collected from a source other than directly from the data subjects, The company shall ensure that the data subjects are aware that their
information is being collected, who is collecting their information by providing them with the company’s details and of the specific reason why the company is collecting their information.
2.4. The company undertakes to only obtain personal information in a manner relevant for the specific purpose for which it is to be processed. Personal information shall not be processed further in a way that is incompatible with the purpose for which the
information was collected initially.
2.5. Once the data subject’s information is in the company’s possession, it shall ensure that it will only process and release the data subject’s personal information with their consent, except where the company is required to do so by law. In the latter instance, the company will inform the data subject thereof.
2.6. The nature of the personal information which is collected and processed by the company relates to information which includes but is not limited to names and surnames, addresses, contact details, Birth date, gender, emergency contact, banking details, identity numbers,exercise history, medical history.
2.7. Processing of the personal information includes, but is not limited to collection, receipt, recording, collation, storage, updating or modification, retrieval, adaption or alterations, consultation, use provision, dissemination by means of transmission, distribution or aking available in any other form, erasure or deletion of data.
2.8. The company is responsible for ensuring that data subject information is complete, up to date and accurate before it is used. This entails that it may be necessary to request data subjects, from time to time, to update their personal information provided and confirm that it is still relevant. Should the company not be able to reach data subjects for this purpose, their information shall be deleted from the company’s records.
2.9. Data subjects are entitled to know particulars of their personal information held by the company and to correct any personal information held by the company. 2.10. The company will take all reasonable steps to ensure that personal information
obtained from data subjects is stored safely and securely.
2.11. The company shall ensure that technical and organisational measures are in place to ensure the integrity of personal information, and guard against the risk of loss,damage or destruction thereof. Personal information shall also be protected against any unauthorised or unlawful access or processing.
2.12. Notwithstanding the technical and organisational security measures taken by the company, manipulation by third parties or loss of data cannot be completely ruled out. In case of any data breach, the company will promptly report this to the affected
data subject and the relevant authority.
3. INFORMATION OFFICER AND OPERATIONAL CONSIDERATIONS
3.1. The Information Officer shall be responsible for administering and overseeing the implementation of this policy and, as applicable, supporting guidelines, standard operating procedures, notices, consents and appropriate related documents and
processes.
3.2. All employees, subsidiaries, business units, departments and individuals directly associated with the company are to be trained, according to their functions, in the regulatory requirements and guidelines as set out in this policy’s measures and standards to govern the protection of personal information. The company will conduct periodic reviews and audits, where appropriate, to ensure compliance with this policy and its guidelines.
3.3. The details of the Information Officer can be obtained directly from the company should there be any questions and/or queries pertaining to this policy.
4. AMENDMENTS, BREACH AND RIGHT TO DISCIPLINE
4.1. Amendments of this policy will take place on an ad hoc basis as or when required by the company.
10. How to Contact Us
For further information or enquiries regarding your personal data (including to request access to or correction of your personal data or to make a privacy complaint), please contact our Data Protection Officer at:
Elite South Africa t/a Anytime Fitness South Africa
Attention: Data Protection Officer
16 Triplets Way, Erinvale Estate
Somerset West, Cape Town
Western Cape, 7130
South Africa
info@anytimefitness.co.za
If you have a complaint about how we have collected or handled your personal data, please contact our Data Protection Officer at the mail address set forth above.
Our representative can be contacted as follows: info@anytimefitness.co.za.
Exhibit – Your Rights
- Right of access
You may have the right to obtain from us confirmation as to whether or not personal data concerning you is processed by us, and, where that is the case, to request access to the personal data. The access information includes – inter alia – the purposes of the processing, the categories of personal data concerned, and the recipients or categories of recipients to whom the personal data have been or will be disclosed. However, this is not an absolute right and the interests of other individuals may restrict your right of access.
You may have the right to obtain a copy of the personal data undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs.
- Right to rectification
You may have the right to obtain from us the rectification of inaccurate personal data concerning you. Depending on the purposes of the processing, you may have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
- Right to erasure (“right to be forgotten”)
Under certain circumstances, you may have the right to obtain from us the erasure of personal data concerning you and we may be obliged to erase such personal data.
- Right to restriction of processing
Under certain circumstances, you may have the right to obtain from us restriction of processing your personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.
- Right to data portability
Under certain circumstances, you may have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you may have the right to transmit those data to another entity without hindrance from us.
- Right to object
Under certain circumstances, you may have the right to object, on grounds relating to your particular situation, at any time to the processing of your personal data by us and we can be required to no longer process your personal data.
Moreover, if your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. In this case your personal data will no longer be processed for such purposes by us.
- Right to lodge a complaint
You have a right to lodge a complaint to the Information Regulator if you believe that we have interfered with the protection of your personal information. Should you wish to do so, you may contact the Information Regulator at the following address:
Address: | JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001 |
Post: | P.O Box 31533, Braamfontein, Johannesburg, 2017 |
Email: | inforeg@justice.gov.za (enquiries) / complaints.IR@justice.gov.za (complaints) |
Website: |