The Refinery Privacy Policy

This Privacy Policy outlines The Refinery’s (“we” or “us”) current policy on personal information concerning fitness club members, and consumers, and covers the operations of our fitness club, business development, use of our web sites under www.refineryfit.com (the “Sites”).

By using our services, Sites, products, features, tools or resources, you agree to the terms of this Privacy Policy and our Terms of Use. 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, or our products or services if you do not agree to the Privacy Policy.

BY SUBMITTING YOUR PERSONAL INFORMATION TO US, YOU ARE CONSENTING TO THE PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES OR IN ANY OTHER COUNTRY IN THE WORLD AND TO OUR USE 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 TO PROVIDE THEIR PERSONAL INFORMATION TO US AND 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.

Personal Information We Collect through the Sites

In general, you can browse the non-password protected portions of our Sites without telling us who you are or revealing any personal information about yourself, except for our collection of “cookies” as described below.

We may collect personal information from you on our Sites or through any other digital or personal communication with you. Information collected by us is voluntarily provided by you and may be integrated with other information you have provided to us upon signing up for membership.

Our Sites may also collect general information about your technology interface or preferences (such as the type of browser used or the files requested). Certain information described below is mandatory and if not entered, you will not be able to utilize or participate in our online services or features.

The information 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 information to create an account, such as your first name, last name 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 information you wish to share with us and integrate with the Sites;
  • If integration with your membership is available to you, membership-related information, such as your home address, key FOB number, and membership number;
  • Fitness-related information provided in the membership process, such as your height, weight, general fitness-related goals or other information helpful to achieving your fitness goal;
  • Information regarding training sessions, classes, or other information regarding your utilization of services at the club-level;
  • Where the account registration feature is available, correspondence with your personal trainer regarding your activity;
  • Information provided by you when you participate in a survey or communication to you regarding your use of the Sites, or utilizing our services;
  • Information provided by you to participate in advertising contests or sweepstakes;
  • Various account information related to your membership to allow you to update credit card, bank account, other payment information, or any other information regarding your profile;
  • 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 through these third parties;
  • Computer data or files, often called “cookies,” which may be sent by your web browser and stored on an individual computer to allow our server to “recognize” you through the navigation of the Sites and for us to credit your account for various online transactions;
  • Computer data files, often called “web beacons” that are collected from emails or links on third-party sites that allow our server to evaluate the popularity of those links or the information contained in emails or on third-party sites; and
  • Your IP address to measure our website traffic and to help provide a more personalized experience.

Our Sites are not designed for children and we do not knowingly collect information from any person we know is under the age of 13.

How We Use and Share Your Personal Information

We will use your personal information to provide the services we offer on the Sites, including:

  • Processing and updating your membership information, including personal information you provide, credit card information or other electronic payment processing;
  • Processing your billing information, 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 information regarding our fitness club;
  • Conducting marketing and research;
  • Providing you with information you have requested from us or from trainers you have engaged with;
  • Developing and displaying content and advertising tailored to your interests and preferences;
  • Conducting contests and sweepstakes;
  • Sending you electronic communications you have requested, such as text messages, push notifications, or notifications through your mobile device;
  • Providing assistance with your fitness goals, such as encouragement on workouts, training schedules, recommended dietary changes, and other information to help you reach your fitness goals; and
  • Contact you regarding updates to the Sites, or provide administrative notices to you.

We strive to offer you an integrated, comprehensive way to manage your lifestyle, fitness goals and activity. In order to operate the Sites as one seamless experience, however, we must share your personal information with our affiliates to provide you with the integrated services offered through the Sites. We may also share such information with our 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 information 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, 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 vendors, or other business partners may use this information for marketing and solicitation purposes.

Your fitness club visit data and personal information may be made available to our 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 information, and is permitted to access and use your personal information solely for the purpose of providing or enhancing services you use. Additionally, you may choose to share personal information from the Sites with personal trainers to assist you in evaluating your activities and goals.

While we try to be selective in working with third parties, we are not responsible for their use of your personal information. Where payments are involved, we must release your credit card information 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 information you provide to us so that these parties may store and process your personal information.‎

We may share aggregate information with vendors, potential advertisers, business partners, or other third parties. Aggregate information does not include personal information.

Except as described in this section, we will not give or sell your personal information to any other party for its use in marketing or solicitation.

We may also disclose personal information 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 our suppliers, related entities, affiliates, business partners, or others; or (3) as we, in our sole discretion, believes 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 information on our Sites 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 information to a purchaser of all or substantially all of our business assets, or to an affiliate, as applicable.

Our Use of Your “Cookie” Information on the Sites

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 by associating identification numbers with other user information 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. 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.

In collecting and maintaining cookie-based information or other information collected directly from your mobile device, we are able to:

  • Provide you with access to your user preferences, and sign-in on approved devices;
  • Help diagnose problems with the Sites, administer and improve the Sites, and measure the use of the Sites;
  • Identify your internet provider, page views and other information regarding utilization of the Sites;
  • Gather other web analytics information related to your and other users’ use and navigation of the Sites;
  • 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 information to vendors, potential advisors, business partners, new agencies, or other parties to identify interests or plan for technical infrastructure requirements;
  • Otherwise provide improvements and enhancements to the Sites.

Our Relationship with the Websites

In addition to the integration with certain mobile applications as described in this Privacy Policy, the Sites 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 contains 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 and privacy policy terms and conditions.

Access and Correction of your Personal Information

We strive to maintain the accuracy and integrity of the personal information in our databases and to keep that information up-to-date. We encourage you to promptly update your personal information if it changes. You may edit or deactivate your account information or account at any time by signing into your account on the Sites and navigating through your settings. You may request a copy of the personal information we have about you. You may send a request by letter to: The Refinery, 2260 Marietta Blvd NW
Atlanta, GA 30318, Attn: Manager.

All communications must be in the English language. We will respond to reasonable requests within the time limits established by applicable law or within a reasonable time if no time limit is established by applicable law. For your protection, we may ask you for additional information to verify your identity. In most cases, we will provide the information you request and correct or delete any inaccurate personal information you discover. We reserve the right, however, to limit or deny your request to the extent permitted by applicable law if: (1) the disclosure may be threat to the personal safety, property, or rights of any other person or organization; (2) the disclosure may lead to a violation of applicable laws or regulations; or (3) where you have failed to provide sufficient evidence to verify your identity.

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 information. Your limitation of the collection of this information, however, may disable our ability to provide you with the most relevant products or information regarding the Sites.

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.

Security of Your Personal Information

We take what we believe to be reasonable precautions and have implemented managerial and technical procedures to try to protect the security of data and information, including personal information. However, we cannot guarantee against any loss, misuse, unauthorized disclosure, or alteration or destruction of data or personal information. You provide your personal information to us at your own risk. You acknowledge that: (1) there are security and privacy limitations in computer systems and on the Internet which are beyond our control; (2) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Sites, including personal information, cannot be guaranteed; and (3) any such information and data, including personal information, may be viewed or tampered with by a third party while such information or data is being used, transmitted, processed, or stored. We collect, maintain, utilize and disclose your information only as required by law and as described in this Privacy Policy.

Retention of Your Personal Information

We keep your personal information 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.

 

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 and without notice to you, that this Privacy Policy has changed (“Notices”). You expressly waive any right to receive Notices. You should check the Sites frequently for Notices to identify modifications of the Privacy Policy that may be of interest to you. Any use of the Sites following the date on which we implement changes to this Privacy Policy or post a Notice constitutes your acceptance of all such changes.

How to Contact Us

For further information or enquiries regarding your personal information (including to request access to or correction of your personal information or to make a privacy complaint), please contact us at:

The Refinery
2260 Marietta Blvd NW
Atlanta, GA 30318
Attn: Manager

The Refinery Website Terms of Use

Welcome to the web site of The Refinery. The Refinery is pleased to make the web site located at www.refineryfit.com (the “Site”) available for your use and benefit. By using the Site you agree to be bound by the Terms of Use set forth below. Use of the Sites is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Sites and may not use the Sites.

These Terms of Use apply to your access to and use of the Sites and do not alter in any way the terms and conditions of any other agreement you may have with The Refinery, unless otherwise directed by The Refinery. If you breach any of these terms and conditions, your authorization to use the Sites automatically terminates and you must immediately discontinue use of the Sites.

Collection of Visitor Information

Any information collected at the Sites is governed by our Privacy Policy, unless otherwise stated. To access and use certain services available through the Sites, you may be required to register with The Refinery through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

Intellectual Property

All content, software, and technology included on the Sites or used in the operation of the Sites is the owned or licensed property of The Refinery or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of The Refinery and protected by U.S. and international copyright laws. The Refinery grants you permission to view and use content, software, and technology made available to you on the Sites in connection with your own personal, noncommercial use of the Sites. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on the Sites is strictly prohibited.

The trademarks, service marks, trade dress, and “look and feel” (the “Trademarks”) used and displayed on the Sites are registered and unregistered Trademarks of The Refinery and others. Nothing on the Sites shall be construed as granting any license or right to use any Trademark displayed on the Sites without the prior written permission of the Trademark owner. Other product and company names mentioned in the Sites may be the Trademarks of their respective owners.

All other intellectual property rights related to the content, software, and technology included on the Sites or used in the operation of the Sites, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of The Refinery. Any use of these rights without the prior written permission of The Refinery is strictly prohibited.

Accuracy

Information on the Sites may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. The Refinery reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If The Refinery discovers price errors, they will be corrected on The Refinery’s systems, and the corrected price will apply to your order.

Disclaimer of Warranties

THE SITES AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITES ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. THE REFINERY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. THE REFINERY MAKES NO REPRESENTATION THAT THE SITES OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. THE REFINERY MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITES IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITES WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITES.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITES, THAT SUCH USE IS AT YOUR SOLE RISK.

Limitation of Liability

IN NO EVENT SHALL EITHER THE REFINERY OR ITS AFFILIATES, FRANCHISEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR THE SERVICES AVAILABLE THROUGH THE SITES, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Under no circumstances whatsoever shall The Refinery’s aggregate liability resulting from or relating to your use of the Sites exceed Five Dollars ($5.00).

Prohibited Activities & Visitor Obligations

As a visitor or user of the Sites you shall not:

  • violate any applicable law or regulation;
  • impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
  • engage in any activities or manipulate identifying material to misrepresent the origin of content;
  • use the Sites to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
  • interfere with or otherwise limit the use of the Sites by other users; or collect, compile, or store personal information about other users of the Sites;
  • disrupt or interfere with the operation of the Sites by overloading or exceeding the capacity of the Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked sites;
  • disrupt or interfere with the security of, or otherwise cause harm to, the Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites or any affiliated or linked sites;
  • use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Sites or the content contained therein without The Refinery’s prior, express, and written permission; or
  • use the Sites for commercial purposes.

Indemnification

You agree to indemnify, defend, and hold The Refinery, its members, managers, employees, agents, successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that The Refinery incurs or suffers which relate to your use of the Sites, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Links to Other Websites

The Sites may contain links to other web sites. Additionally, other web sites may contain links to the Sites. The Refinery does not review or monitor the web sites linked to the Sites and The Refinery is not responsible for the content or policies of any other web sites. Any link established by The Refinery does not constitute an endorsement of the other web sites or create a relationship between The Refinery and the operators of other web sites. The Refinery disclaims any liability with respect to your use of any other web site, and you release The Refinery from any liability related to your use of any link to another web site or your use of any other web site. Where the Sites contains a link to another web site owned and/or operated by The Refinery, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions.

Changes of Terms of Use

The Refinery may revise these Terms of Use at any time without notice. Any use of the Sites following the date on which changes to these Terms of Use or the Privacy Policy are published on the Sites shall constitute your acceptance of all such changes. You expressly agree that The Refinery shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

Your Account

If you are a registered user of any of the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. The Refinery reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.

Payment

You authorize The Refinery and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any products or services you purchase through your use of the Sites. You represent and warrant that you are the only one who will make payments in connection with the Sites, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name. Unless otherwise specified, any amounts paid to The Refinery are nonrefundable.

General Provisions

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation.

Any failure by The Refinery to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Use shall be governed by the laws of the State of Georgia without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with The Refinery, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts located in Atlanta, Georgia (the “Atlanta Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Atlanta Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Atlanta courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of the Sites is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the Sites is unauthorized in any jurisdiction where all or any portion of the Sites may violate any legal requirements and you agree not to access the Sites in any such jurisdiction.

You are responsible for compliance with applicable laws.

Submissions

Any and all questions, comments, suggestions, and similar materials or information that you send or submit to The Refinery or a third party provider on the Sites (collectively, “Submissions”), shall become The Refinery’s property; and you hereby transfer, sell, and assign to The Refinery all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. The Refinery has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. The Refinery shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

Contact

For questions or comments related to the Sites or these Terms of Use, please contact us at:

The Refinery
2260 Marietta Blvd NW
Atlanta, GA 30318
Attn: Manager