privacy policy
Last Updated: Feb. 2, 2015

GymLynx, Inc. (hereinafter referred to as "GymLynx", "we", "us" or "our") operates a platform and community marketplace that helps people browse, compare and rent unused recreation and fitness space from healthclubs, yoga studios, pilates studios, karate studios, dance studios and other indoor facilities, whether through our website or our mobile applications ("Platform").


The following policies ("Privacy Policy") are intended to inform you ("you" or the "User") about how we treat Personal Information that you provide to us and that we process about you. By using, renting, accessing or participating in the Platform, you agree to all the terms of this Privacy Policy.


We reserve the right to change our Privacy Policy at any time. If we make any material changes, we will post a notice on our website for at least 7 days before the changes are posted and will indicate at the top of the Privacy Policy the date this policy was last revised. It’s important that you review the changed Privacy Policy. Any revisions to this Privacy Policy will become effective (i) on the effective date or (ii) the first time you access or use the Platform after any such changes. If you do not agree to any part of this or any future Privacy Policy, do not use, access or participate in (or continue to use, access or participate in) the Platform. We encourage you to periodically review this page for the latest information on our privacy practices.


DEFINITIONS

Capitalized terms not defined in this Privacy Policy have the meanings set forth in the Terms of Use. Additional terms may be defined in sections below.


Aggregated Information means information about all GymLynx users or specific groups or categories of users that we combine together and which does not include individual users’ Personal Information.


Personal Information means information relating to a living individual who is or can be identified either from that information or from that information in conjunction with other information that is in, or is likely to come into, the possession of GymLynx.


WHAT TYPES OF INFORMATION DOES GYMLYNX GATHER ABOUT ITS USERS?
  1. Information that you give us
    We receive, store and process information that you make available to us when accessing or using our Platform. Examples include when you:
    1. fill in any form on the Platform, such as when you register or update the details of your user account;
    2. access or use the Platform, such as to search for or post available fitness space, make or accept rentals, pay for rentals, reserve or pay for any associated services that may be available (such as but not limited to additional equipment), post comments or reviews, or communicate with other users;
    3. link your account on a third party site (e.g. Facebook) to your GymLynx account, in which case we will obtain the Personal Information that you have provided to the third party site, to the extent allowed by your settings with the third party site and authorized by you; and
    4. communicate with GymLynx.
  2. Mobile Data
    When you use certain features of the Platform, in particular our mobile applications we may receive, store and process different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Platform or specific features of the platform). If you access the Platform through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
  3. Log Data
    We may also receive, store and process Log Data, which is information that is automatically recorded by our servers whenever you access or use the Platform, regardless of whether you are registered with GymLynx or logged in to your GymLynx account, such as your IP Address, the date and time you access or use the Platform, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, pages viewed and the order of those pages, and the amount of time spent on particular pages.
  4. Cookies, and other Tracking Technologies

    GymLynx uses cookies and other similar technologies on the Platform. We may also allow our business partners to use their cookies and other tracking technologies on the Platform. As a result, when you access or use the Platform, you will provide or make available certain information to us and to our business partners.

    While you may disable the usage of cookies through your browser settings, we do not change our practices in response to a "Do Not Track" signal in the HTTP header from your browser or mobile application. We track your activities if you click on advertisements for GymLynx services on third party platforms such as search engines and social networks, and may use analytics to track what you do in response to those advertisements.

    We may, either directly or through third party companies and individuals we engage to provide services to us, also continue to track your behavior on our own Platform for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Platform and pay for your activities on the Platform. We may also, either directly or through third party companies and individuals we engage to provide services to us, track your behavior on our own Platform to market and advertise our services to you on the Platform and third party websites. Third parties that use cookies and other tracking technologies to deliver targeted advertisements on our Platform and/or third party websites may offer you a way to prevent such targeted advertisements by opting-out at the websites of industry groups such as the Network Advertising Initiative (http://www.networkadvertising.org/choices/) and/or the Digital Advertising Alliance (http://www.aboutads.info/choices/). You may also be able to control advertising cookies provided by publishers, for example Google’s Ad Preference Manager (https://www.google.com/settings/ads/onweb/). Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising on the Platform; it just will not be tailored to your interests.

    Third parties may not collect information about users’ online activities on the Platform except as described in this policy and our Cookie Policy.

  5. Third-party social plugins

    Our Platform may use social media plugins which are provided and operated by third-party companies, such as Facebook’s Like Button.

    As a result of this, you may send to the third-party company the information that you are viewing on a certain part of our Platform. If you are not logged into your account with the third-party company, then the third party may not know your identity. If you are logged into your account with the third-party company, then the third party may be able to link information about your visit to our Platform to your account with them. Similarly, your interactions with the social plugin may be recorded by the third party.

    Please refer to the third party’s privacy policy to find out more about its data practices, such as what data is collected about you and how the third party uses such data.

  6. Minors

    GymLynx does not knowingly collect or solicit information from anyone under the age of 18 or knowingly allow such persons to join. If you are under 18, please do not attempt to join the GymLynx marketplace or send us any information about you, including your name, address, telephone number, or email address. No one under age 18 years may provide any information to or on GymLynx. If you believe that we might have any information from or about a minor under 18, please email us immediately.


HOW GYMLYNX USES AND PROCESSES THE INFORMATION THAT YOU PROVIDE OR MAKE AVAILABLE

We use and process Information about you for the following general purposes:

  1. to enable you to access and use the Platform;
  2. to operate, protect, improve and optimize the Platform, GymLynx’s business, and our users’ experience, such as to perform analytics, conduct research, and for advertising and marketing;
  3. to help create and maintain a trusted and safer environment on the Platform, such as fraud detection and prevention, conducting investigations and risk assessments, verifying the address of your listings, verifying any identifications provided by you, and conducting checks against databases such as public government databases;
  4. to send you service, support and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you;
  5. where we have your consent, to send you marketing and promotional messages and other information that may be of interest to you, including information sent on behalf of our business partners that we think you may find interesting. You will be able to unsubscribe or opt-out from receiving these communications in your settings (in the "Account" section) when you login to your GymLynx account;
  6. to administer awards, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by GymLynx or our business partners; and
  7. to comply with our legal obligations, resolve any disputes that we may have with any of our users, and enforce our agreements with third parties.


HOW GYMLYNX USES AND PROCESSES USER COMMUNICATIONS

We may review, scan, or analyze your communications with other users exchanged via the Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research and customer support purposes. For example, as part of our fraud prevention efforts, the Platform may scan and analyze messages to mask contact information and references to other websites. This helps to prevent fraudulent gyms from asking trainers to send them money outside of the Platform, such as by bank transfer or other money transfer methods. We may also scan, review or analyze messages for research and product development purposes to help make search, booking and user communications more efficient and effective, as well as to debug product offerings.


We will not review, scan, or analyze your communications for sending third party marketing messages to you. We will also not sell these reviews or analyses of communications to third parties. We will also use automated methods to carry out these reviews or analyses where reasonably possible. However, from time to time we may have to manually review some communications. By using the Platform, you consent that GymLynx, in its sole discretion, may review, scan, analyze, and store your communications, whether done manually or through automated means.


WHEN GYMLYNX DISCLOSES OR SHARES PERSONAL INFORMATION, AND TO WHOM

Your Personal Information may be disclosed as follows:

  1. Parts of your public profile page that contain some Personal Information may be displayed in other parts of the Platform to other users for marketing purposes.
  2. The Platform allows your public profile pages to be included in search engines, in which case your public profile pages will be indexed by search engines and may be published as search results. This option is enabled by default, and you may not opt out of this feature.
  3. When you submit a request to book a facility, your full name will become visible to the gym. In addition, if you agree to be contacted by the gym by phone when submitting your request and the gym decides to do so, GymLynx will call your phone number first, before connecting you with the gym. We will not share your phone number unless there is a confirmed booking.
  4. When your request to book a facility is accepted by the gym, we will disclose some of your Personal Information to the gym. However, your billing information will never be shared with another user.
  5. When a trainer rents space at your gym or when you rent space at a gym, we will ask you to review the trainer or the gym (and facility). If you choose to provide a review, your review may be public on the Platform.
  6. You may link your account on a third party social networking site to your GymLynx account. We refer to a person’s contacts on these third party sites as "Friends". When you create this linkage:
    • some of the information you provide to us from the linking of your accounts may be published on your GymLynx account profile;
    • your activities on the Platform may be displayed to your Friends on the Platform and/or that third party site;
    • other GymLynx users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable;
    • other GymLynx users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking site(s); and
    • the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes. The publication and display of information that you provide to GymLynx through this linkage is subject to your settings and authorizations on the Platform and the third party site.
  7. You acknowledge, consent and agree that GymLynx may access, preserve and disclose your account information and Collective Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) respond to claims asserted against GymLynx; (b) to comply with legal process (for example, subpoenas and warrants); (c) to enforce and administer our agreements with users; (d) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes; or (e) to protect the rights, property or personal safety of GymLynx, its users or members of the public. We will use commercially reasonable efforts to notify users about law enforcement requests for their data unless prohibited by law or by the government request, or if doing so would be futile or ineffective.

We may also publish, disclose and use Aggregated Information and non-personal information for industry analysis, demographic profiling, marketing and advertising, and other business purposes.


BUSINESS TRANSFERS BY GYMLYNX

If GymLynx undertakes or is involved in any merger, acquisition, reorganization, sale of assets or bankruptcy or insolvency event, then we may sell, transfer or share some or all of our assets, including your Personal Information. In this event, we will notify you before your Personal Information is transferred and becomes subject to a different privacy policy.


HOW TO CHANGE OR DELETE YOUR INFORMATION, OR CANCEL YOUR GYMLYNX ACCOUNT

You may review, update, correct or delete the Personal Information in your GymLynx account by logging in to your account. You cannot completely remove your account. Please also note that any reviews, forum postings and similar materials posted by you may continue to be available on the Platform.


KEEPING YOUR PERSONAL INFORMATION SECURE

We have implemented reasonable administrative, technical, and physical security measures to protect your Personal Information against the unauthorized access, destruction or alteration of your information. However, no method of transmission over the Internet, and no method of storing electronic information, can be 100% secure. So, we cannot guarantee the absolute security of your transmissions to us and of your Personal Information that we store.


YOUR PRIVACY WHEN YOU ACCESS THIRD-PARTY WEBSITES AND RESOURCES

The Platform will contain links to other websites not owned or controlled by GymLynx. GymLynx does not have any control over third party websites. These other websites may place their own cookies, web beacons or other files on your device, or collect and solicit Personal Information from you. They will have their own rules about the collection, use and disclosure of Personal Information. We encourage you to read the terms of use and privacy policies of the other websites that you visit.


Some portions of the Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use (located at http://www.google.com/intl/en_us/help/terms_maps.html) and Google’s privacy policy (located at http://www.google.com/privacy.html), as may be amended by Google from time to time.


SPECIAL FEATURES AND PROGRAMS

The Platform provides a referral service that allows you to invite your friends and contacts to use the Platform.


We may integrate the Platform with third party sites such as Facebook, so that you can send invitation messages or requests for references via the third party site itself. These messages will be sent by the third party site, and GymLynx does not collect or retain the contact information that is used to send them.


You may also send invitation/request emails via the Platform itself, in which case we will ask you for the email addresses to send these emails to. You can type in the email addresses manually, or you can request GymLynx to import the contacts in your email account address book(s). In both cases, we will use the information sent to us for the sole purpose of sending your friends and contacts a one-time email, inviting him or her to visit the Platform. With respect to referrals, we will also store the email addresses of your invitees to track if your friend joins GymLynx in response to your referral.


CHANGES TO THIS PRIVACY POLICY

We may change how we collect and then use Personal Information at any time and without prior notice, at our sole discretion.


GOT FEEDBACK?

Your opinion matters to us! If you have any questions or you’d like to provide feedback to us about this Privacy Policy, please email us.