Jackovics Enterprises, Inc., and the family of companies operating under the FITNESS
SF brand (referred to herein as “FITNESS SF,” “we,” or “us”) are providing this notice
(this “Policy”) to describe our collection, use, disclosure, retention, and protection of
your personal information in connection with use of the FITNESS SF website and mobile
applications, including any content or information provided as part of these services
(collectively referred to herein as the “Services”). We created this Policy to give you
confidence as you visit and use the Services, and to demonstrate our commitment to fair
information practices and the protection of privacy.
By accessing, browsing, downloading, using or registering for our Services, you are
accepting the terms of this Policy and our Terms of Service, and
you are consenting to our collection, use, disclosure, retention, and protection of
your personal information as described in this Policy. If you do not provide the
information we require, we may not be able to provide all of our Services to you.
“Personal information” is information that can be associated with a specific person and
could be used to identify that specific person whether from that data or from that data and
other information that we have or are likely to have access to. We do not consider
personal information to include information that has been made anonymous or
aggregated so that it can no longer be used to identify a specific person, whether in
combination with other information or otherwise.
Effective Date and Changes to Policy
This Policy is effective as of January 22, 2018, and will remain in effect except with
respect to any of its provisions that are changed in the future, in which case the changes
will become effective on the date they are posted on the Services or we otherwise notify
you of the changes. We reserve the right to change this Policy at any time. Changes,
modifications, additions, or deletions will be effective immediately upon their posting to
the Services. Your continued use of the Services after we post any such modifications
will constitute your acknowledgment of the modified policy and your agreement to abide
and be bound by the modified policy.
Information We May Collect
We collect, process and retain personal information from you and any devices (including
mobile devices) you may use when you use our Services, including when you inquire
about or register for a free trial or membership, complete online surveys, or provide us with information on a web form, update or add information to your account, subscribe to
our mailing lists, link your social media profiles and accounts to the Services, or
otherwise correspond with us regarding the Services.
We may collect two basic types of information through the Services: “personal
information” and “non-personal information.”
The personal information we collect includes the following:
We also may collect a limited amount of fitness, physical activity and health related
information from you if you create an account with us or join a FITNESS SF location.
This information (such as whether you are pregnant, suffer from a heart condition,
dizziness, high blood pressure, and knee or back problems) helps you determine your
eligibility to participate in our training programs. If you participate in our virtual training,
coaching or training programs we may also obtain certain measurements, height, weight
and age from you. Your calories burned, distance traveled and heart rate may be obtained
from your mobile device. We also may receive your health, fitness and medical data
from the Apple HealthKit API, Samsung Health API, InBody, Physmodo Maps or any
other data source you choose to participate in and share data with FITNESS SF.
If you give us personal information about someone else, you must do so only with their
explicit and prior consent. You have to inform them how we collect, use, disclose, and
retain their personal information according to this Policy.
Non-personal information is aggregated information, demographic information, IP
addresses and any other information that does not reveal your specific identity. This non-
personal information may include “click stream data” (server address, domain name).
We may use click stream data for traffic analysis or e-commerce analysis of our website,
to determine which features of our Site are most or least effective or useful to you. We
information about your use of our Services, the other goods and services we provide and
enhance your experience. The click stream data may also contain a “Do Not Track”
signal or mechanism. The Services does not respond to “Do Not Track” signals or
to or control over these cookies once our business partners have been given permission to
of cookies by any advertisers or business patrners.
How We Use Your Information
We will primarily use the personal information you provide and any non-personal
information we receive from you to provide, promote and improve our products and
services, including the Services, to contact you about your membership (or interest in a
membership) and our other goods and services, to provide you customer service, and to
detect, prevent, mitigate and investigate fraudulent or illegal activities. We may use and
retain your personal information as follows:
Provide, improve, and personalize our Services
Contact you about your membership and provide you customer service
Prevent, detect, mitigate, and investigate fraudulent or illegal activities
We retain your personal information as long as it is necessary and relevant for our
operations. In addition, we may retain personal information from terminated
memberships and prospective members to comply with national laws, prevent fraud,
collect any fees owed, resolve disputes, troubleshoot problems, assist with any
investigation, enforce our Terms of Service and take other actions permitted or required
by applicable national laws. After it is no longer necessary for us to retain your personal
information, we dispose of it in a secure manner according to our data retention and
Disclosing Information to Third Parties
We do not sell, trade or otherwise transfer your personal information to third parties
without informing you in advance. Notwithstanding any other provision of this Policy,
we will not share any of your personal health related information, including your data
from the Apple HealthKit API, Samsung Health API, InBody, Physmodo Maps or any
other data source you choose to participate in and share with FITNESS SF with others for
marketing and advertising purposes. We provide some of our services through
contractual arrangements with affiliates, service providers, partners and other third parties
(collectively, “service partners”). Our service partners may use your personal
information to operate our Services and to deliver their services (such as to facilitate the
processing of payment cards when you pay within our Services with a credit card). These
service partners will only use your data for the purpose of carrying out the work as agreed
with us and will be required to keep the information confidential. We will encourage our
service partners to adopt and post privacy policies. However, the use of your personal information by our service partners is governed by the privacy policies of those service
partners and is not subject to our control.
The Services may now or in the future include interactive forums, chat rooms, message
boards, and news groups for the posting and exchange of information, ideas and opinions.
Additionally, you may through the Services post information to third party services.
Please remember that any information that is disclosed in these areas becomes public
information and you should exercise caution when deciding to disclose personal
Notwithstanding any other provision of this Policy to the contrary, we reserve the right to
disclose your personal information to others as we believe is appropriate (a) under
applicable law; (b) to comply with legal process; (c) to respond to governmental requests;
(d) to enforce our Terms of Service; (e) to protect our operations or those of our partners;
(f) to protect the rights, privacy, safety or property of FITNESS SF, our partners, you or
others; and (g) to permit us to pursue available remedies or limit the damages we may
Protection of Your Information
We use reasonable organizational, technical and administrative measures to protect
personal information under our control. Security measures and tools, such as firewalls,
are in place to help protect against loss, misuse and alteration of the information under
our control. Unfortunately, no data transmission over the Internet or data storage system
can be guaranteed to be 100% secure. By using the Services, you expressly acknowledge
and agree that we do not make assurances about, or guarantee the security of, any data
provided to or received by us through the Services and that any personal information,
non-personal information, or other data or information received from you through the
Services is provided to us at your own risk, which you expressly assume.
The Services are controlled and operated by us from inside the United States, and are not
intended to subject us or any of our partners to the laws or jurisdiction of any state,
country or territory other than that of the United States. By using the Services and
submitting any personal information, visitors from outside acknowledge that the Services
are subject to United States law and consent to the transfer of personal information to the
United States, which may provide a different level of data security than in their country
of residence, and waive any claims that may arise under their own national laws.
Notice Concerning Children
Our websites and mobile applications are general audience websites and mobile
applications. We do not direct any of our content specifically at children under 13 years
of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user is under age 13, we will
promptly delete any personal information in that user’s account. FITNESS SF offers
membership to individuals who are at least 18 years of age, and, with the written consent
of a parent or guardian, to individuals who are at least 14 years of age.
All the information on the Services is published in good faith and for general information
purpose only. We do not make any warranties about the completeness, reliability and
accuracy of this information. Any action you take upon the information found through
our Services is strictly at your own risk and we will not be liable for any losses and
damages in connection with the use of our Services.
You must promptly notify us if your username or password is lost, stolen, or used without
Through our Services you can visit other websites by following hyperlinks to these sites.
While we strive to provide only links to useful and ethical websites, we have no control
over the content and nature of these sites and the links to other websites do not imply
a recommendation for all the content found on these sites.
You can verify your contact information is accurate, complete, and current and modify
your privacy preferences (including opting-out of receiving certain types of
communications) by logging in to your account and going to your account preferences
page. For other personal information we will use commercially reasonable efforts to
provide you with access so you can request that we correct data that is inaccurate or
delete data if we are not required to retain it by law or for legitimate business purposes.
We may decline to process requests that we deem are unreasonable, repetitive, require
technical modifications, jeopardize the privacy of others, are impractical or for which
access is not otherwise required by applicable law.
Please be also aware that when you leave our website, other sites may have different
privacy policies and terms which are beyond our control. This Policy does not extend to
anything that is inherent in the operation of the Internet, and therefore beyond our
control, and is not to be applied in any manner contrary to applicable law or
governmental regulation. This Policy only applies to information collected through the
Services. This Policy does not apply to any information we may collect from you in any
place other than the Services.
Questions or Comments
If you have any questions or comments relating to our Services or this Policy, send an
email to info@FITNESSSF.com. You may also contact us by writing to 150 Nellen
Avenue, #250, Corte Madera, CA 94925. If you are a California resident, you may
report complaints to the Complaint Assistance Unit of the Division of Consumer Services
of the Department of Consumer Affairs by contacting them by mail at 1625 North Market
Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
FITNESS SF Mobile allows you to view class schedules, class changes, add a class to your calendar, view current announcements, promotions, coupons and membership incentives.
Get more from FITNESS SF with expert advice, work out tips from our instructors and communicate with other members on Facebook and Twitter!