PRIVACYPOLICY

Endorphitness LLC d/b/a Method X Fitness (“Ultimate,” “we,” “us,” or “our”) values your privacy. In this Privacy Policy (“Policy”), we describe how we collect, use, and disclose information we obtain about visitors to our website, www.methodxfitness.com any of its sub-sites (hereinafter together referred to as “Website” or “Site”), users of our mobile applications (the “App” or “Apps”), visitors to Method X Fitness studios (whether owned by Ultimate or one of our Licensees), and the services available through our Site and App, and how we use and disclose that information. This Policy is not meant to apply to any websites and/or Method X Fitness club(s) owned or operated by a Licensee of Method X Fitness. All Method X Fitness licensed locations are independently owned businesses and use of a Licensed Method X Fitness location and/or its related website shall be governed by the licensee’s respective privacy policy.

By visiting the Site, using or downloading the App, or using any of our services, you acknowledge that your personal information will be handled as described in this Policy. Your use of our Site, App, or services, and any dispute over privacy, is subject to this Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes.

This Policy applies to information we collect:

• On the Website.
• In email, text, and other electronic messages between you and this Website and/or us.
• Method X Fitness Mobile Application(s) available on iOS/Android.
• Through information you may provide to us in your membership application, agreement or through your use of our Method X Fitness Clubs and/or services.

This Policy does not apply to information collected by any third-party sites that are not owned or controlled by Method X Fitness, including through any application or content (including advertising) that may link to or be accessible from or on our Website. Please be aware that we are not responsible for such third-party service providers’ privacy practices or contents. Therefore, Method X Fitness advises you to be aware when you leave our Website and to read carefully the privacy policies of such third parties.

If you do not agree to this Privacy Policy, you are not authorized to use this Platform. By accessing or using this Website and/or creating an account with us or allowing someone to use the Sites on your behalf, or using our equipment or facilities, you agree to be bound by all of the terms and conditions of this Privacy Policy.

We may make changes to this Privacy Policy from time to time, so please check back regularly to keep informed of any updates. By using the Platform, you agree to be bound by this Privacy Policy, including, without limitation, all updates and amendments thereto.

NO INFORMATION FROM CHILDREN UNDER THE AGE OF 13

Our Site, Apps, and services are not designed for children under the age of 13. No one under age 13 may register at Method X Fitness or provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13: (i) do not use or provide any information on this Website or on or through any of its features, (ii) register on the Website, (iii) make any purchases through the Website, (iv) use any of the interactive or public comment features of this Website, or (v) provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn that a child under the age of 13 has provided us with personal information, we will delete such information from our systems.

PRIVACY POLICY

We collect information about you directly from you and from other parties, as well as automatically through your use of our Website and App. Information collected automatically may include usage details, IP addresses, and information collected through cookies, and other tracking technologies. While we may have access to the data you provide to such third parties and our use and access to such information is described herein, your information is also subject to such third party’s privacy policies and terms of use.

We do not sell your personal information to third parties.

Individual Method X Fitness Licensees may collect personal information and are governed by their own policies. 

The information we collect from you depends on how you use our Site, App, and Services.

The information we collect may include without limitation:

Name, email address, physical address, phone number, date of birth, gender, IP addresses, height, weight, calorie expenditure, driver’s license number, credit score, IP addresses, health information (heart rate), financial information, payment information, fitness performance and/or workouts, date and time of your workout, length of workout, number of calories burned, miles run, and heart rate information.

We are active on social media, including Facebook, TikTok, YouTube, X (formerly known as Twitter), Instagram, and LinkedIn (“Social Media”). Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on the Site and App and our Social Media pages any comments or content that you post on our Social Media pages.

How we use information

We will use your Personal for the purpose for which it was collected.

We may use personal information we collect for any of the following purposes:

• To provide our services to you, to communicate with you about your use of our services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
• Contact you in connection with the Services, including via text.
• Complete transactions.
• Provide customer and account services, such as notices regarding products or services or your account.
• Comply with applicable laws, law enforcement, or pursue our legal rights, including performing and enforcing our contractual obligations and rights, such as billing and collection.
• Evaluate and improve our products and services, and develop new products and services.
• Tailor our marketing and advertising to you, including via retargeting and creating look-alike audiences.
• To enable our Licensees to provide services to you in their independently owned and operated studios. In addition, if a Licensee leaves our License system, we will assist with facilitating the License’s transition to a new owner, including ensuring that the respective studio’s members’ personal information is transitioned to the new owner to ensure the members continue to receive services.

The legal bases we rely upon to process your information in connection with the use cases described above are:

• We process personal information about you when it is necessary for the performance of a contract to which you are party, or to take steps at your request prior to entering into a contract;
• We process personal information about you when processing is necessary for compliance with a legal obligation which applies to us;
• We process personal information about you when processing is necessary for the purposes of our legitimate interests (except where such interests are overridden by your interests or fundamental rights and freedoms).

How We Disclose Personal Information

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

We may disclose your Personal Information to our personnel, our Licensees, and to the third parties for the purposes stated above and as further set for below:

• Affiliates: This includes our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Notice.  Personal Information may be shared with individual Licensee entities and Gym locations at which you have inquired about Services, signed up for Services, or done business so that those locations can respond to your requests and provide products and services to you, and for analytical and reporting purposes. In addition, Personal Information that you share with any individual Gym location may be provided back to us and maintained by us as part of your Method X Fitness account.

• Service providers: We may disclose Personal Information with suppliers who we use to support our business. Our suppliers are bound by applicable law and contractual obligations to keep Personal Information confidential and are authorized to and may only use and disclose Personal Information as necessary for them to provide the applicable services to us and, as applicable, as provided by their own privacy policies as noted above.

• Business and marketing partners: This includes third parties with whom we collaborate on joint activities, with whom we have entered into joint marketing relationships or other joint ventures.

• Professional advisors: This may be lawyers, auditors, bankers and insurers, where reasonable in the course of the professional services that they render to us.

• Authorities and others: Law enforcement, government authorities, and private parties, pursuant to subpoena or other legal process, and otherwise as we believe in good faith to be necessary or appropriate for legal compliance or to protect the rights, property, or safety of us or others, including credit risk and fraud reduction.

• Business transfers: Acquirers and other relevant participants in business transactions (or negotiations and diligence for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in us or our affiliates (including, in connection with a bankruptcy or similar proceedings).

We may disclose aggregated information about our customers, Site and App users, Site and App traffic patterns, and information that does not identify any individual without restriction.

Cookies and Other Information That We Automatically Collect

Like most platforms, Company logs Internet Protocol (“IP”) addresses and uses cookies and similar technologies that allow us to recognize you and to customize your experience, and provide us with information about the way our visitors access our Platform. You can find out more about how we use cookies and related technologies below.

Cookies: Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and App, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and App. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.

SECURITY OF YOUR PERSONAL INFORMATION

No data transmissions over the internet can be guaranteed to be entirely secure. We cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

ACCESS TO YOUR PERSONAL INFORMATION

You may modify personal information that you have submitted by logging into your account and updating your profile information. You may also update your information by visiting your Method X Fitness studio.

EMAIL COMMUNICATION

We may use your email address to contact you and also to send you newsletters or other communications you request. We will do our best to provide you with an opportunity to opt-out of receiving such further communications at the time you are contacted. If you have opted-in to our promotional text messages, you may opt-out of such communications replying STOP.

Our licensees also send their own marketing communications in accordance with applicable law. If you no longer wish to receive marketing communications from our licensees, you will need to separately opt-out of the respective licensee’s marketing communications. We do not control, and are not responsible for, the promotional communications sent by our licensees.