WHAT INFORMATION WE COLLECT
We may collect personal data from you when you access and use Performa club locations and/or the Digital Properties. The personal data you provide directly to us through your interactions with Performa and the Digital Properties will typically be apparent from the context in which you provide that information. Performa may also automatically collect certain personal data and information from you while you are interacting with Performa and its clubs and Digital Properties. In particular, we may collect information in connection with:
Contact Information: We collect your name and other contact information, such as e-mail address, mobile or other phone number, mailing address and postal code when you fill out a contact form, inquire about our business and membership opportunities, register to use Performa as a guest or with a trial membership, sign up for our mailing lists or enter any sweepstakes or contest we may offer.
Communications and Surveys: We will also collect any information you provide to us in your communications with us, including through emails you send us, exchanges with personnel in Performa clubs and through social media. On occasion, we will ask members and other individuals to provide feedback by completing a survey, and we will collect any information you choose to provide in completing a survey.
Membership and Club Usage Information: If you are a member, we will collect information about how you use and interact with Performa clubs and the Digital Properties, including the clubs and times you check in to, workouts you log, classes you book or add to your schedule, and information provided when you purchase or schedule personal training sessions and/or spa treatments.
Demographic and Fitness Information: We will collect certain demographic information, including your date of birth, age, gender identity, as well as the name of your employer, when you join or visit Performa. In addition, as an Performa member we may collect certain personal data that you provide regarding your fitness and health, including height, weight, measurements, body fat, performance metrics current and past injuries and surgeries, nutritional information and fitness goals, during the course of your membership such as when you complete a fitness assessment or participate in personal training or spa treatments and may also gather information about you that is developed by our personnel, such as training session logs and notes taken by personal trainers and other Performa staff. As a member, we may also collect your photograph, CCTV video footage and certain biometric data for identification and authentication purposes.
Digital Account Registration: If you are a member and establish an account on the Digital Properties we will collect your username, password, and membership number, as well as any other information you provide in connection with your Digital Properties account and account preferences, such as a profile picture and your preferred club locations. If you have established a Digital Properties account, you may log in to it in order to review and update your information and preferences.
Transaction Information: Information related to your purchase(s) of goods and services with Performa, such as your credit/debit card information, billing address, the goods and services purchased, and other related transaction information.
Social Media and Third-Party Apps: If you link your social media profiles and accounts to the Digital Properties, or otherwise interact with Performa through social media networks (e.g., by clicking a Facebook “like” button) or “check in” to a club through social media, information may be made available to, and collected by Performa through those social media profiles and accounts. In addition, if you elect to connect any third-party fitness devices or apps to the Digital Properties in order to utilize certain features and functionalities, we may collect information about you from such third-party apps.
Usage Information: We may automatically collect certain information about how you use and interact with the Digital Properties and Performa clubs, such as the time and duration of your visit, search query terms you may enter, and the Digital Property pages, features and content you access and how you interact with those pages, features and contents.Technical Information: When you use the Digital Properties, we may automatically collect information about your Internet connection, browser, or computer/device, including IP address or device ID, browser type, operating system information, time zone, clickstream information, page response times, and download errors.
HOW WE USE YOUR PERSONAL DATA
We use your personal data to provide you with the services, products and information you request, administer your membership and respond to your inquiries and questions, deliver a more relevant and curated experience with Performa and our clubs and Digital Properties, and to satisfy our other business purposes and needs. We use your personal data for these purposes because we have a legitimate business interest in providing services to our members, guests and other interested individuals that is not overridden by your interests, rights and freedoms to protect personal data about you. In particular, we may use your personal data in connection with:
Membership Administration: We process your personal data as necessary to perform our contractual relationship with you as a member or recipient of certain ancillary services such as personal training, including by providing you with administrative and operational communications, announcements and information such as information regarding changes to club hours, billing notifications and appointment reminders. We reserve the right to use any contact information held on file (including email, mailing address, and telephone or mobile phone) to communicate you in relation to administering your membership.
Promotional and Marketing Communications: We use your personal data to provide special offers, promotions and information about Performa and our service offerings to you. We may also use your personal data to determine if you are eligible for certain offers – for example, discounted membership rates offered to your company’s employees. We may also send you newsletters and information about products, services and promotions of our business partners and affiliates that we think you may find interesting.
Where required by applicable law, we will obtain your consent to send you marketing communications. If you do not wish to receive any marketing emails, you can opt out of future mailings by clicking on the unsubscribe link located on the bottom of the relevant email. If you are a member and have established an account on the Digital Properties, you can also unsubscribe at any time by logging in and adjusting your communications preferences. Although we strive to update our email list as frequently as possible, you might receive another promotional email before we are able to remove you from our lists. If you are a member, please note that even if you opt-out of receiving promotional emails, you will continue to receive administrative and operational communications regarding your membership, such notices regarding billing or club closures, as described above.Personalized Experience: If you are a member, we may use your personal data to deliver a more relevant and curated experience to you, including by recommending services or content we think you will enjoy. As part of our effort to provide a personalized experience, we may combine personal data collected through the Digital Properties with other information that we have collected from you in the course of your relationship with Performa and access to and use of clubs.
Business Purposes: We use personal data for our legitimate business purposes, including: to operate, evaluate and improve our business and services; develop new businesses, services and solutions; perform market research; advertise and market our business, services and solutions; determine the effective ness of our advertising and marketing; analyze our businesses, services, solutions and Digital Properties; and improve our security administer the Digital Properties. This may include aggregating information regarding you across our entire user base or part of our user base.
We may also use your personal data to protect us against and prevent fraud, claims, and other liabilities and to comply with or enforce applicable legal requirements, industry standards, and our policies and terms. We use personal data for these purposes when it is necessary to protect, exercise or defend our legal rights, or when we are required to do so by a law that applies to us.
We do not use personal data to make decisions based solely on automatic processing in any way that would produce legal effects concerning you or otherwise similarly significantly affect you. If we plan to use the Personal Data that you provide to use for other purposes, we will provide an additional privacy notice to you to describe the purposes for which we will use the Personal Data and, as may be required by applicable law, our legal basis for doing so.
HOW WE SHARE YOUR PERSONAL DATA
Service Providers: We may share personal data with other affiliates, companies and individuals who perform services or functions on our behalf, including providers who help Performa maintain the Digital Properties, send postal mail and e-mail, manage and update member lists and records, analyze data, provide marketing assistance and facilitate customer service. We take steps to ensure that all service providers access and use your personal data only to perform their functions, but may not use it for other purposes. However, in certain instances service providers may use aggregated, de-identified information for their reasonable business purposes such as improving their products or services or for statistical reporting.
Social Media and Third-Party Apps: We may share information with social networks when you interact with the Digital Properties (e.g., a clicking a Facebook “like” button) or connect your social media accounts to the Digital Properties. If you elect to connect Third Party Apps to the Digital Properties, your information may also be shared with these third parties. Please see below for more information on this, as we do not control these third parties or their privacy practices.
Affiliates: We may share your personal data with other Performa entities and affiliated companies for our legitimate business purposes, such as administering our databases, providing you with services and products you have requested and otherwise administering your membership, enabling our affiliated companies to provide you with services and products, and sending you information you have requested or we think you may like about our affiliate’s services, products or solutions. These affiliates may include our Furthermore and Performa Hotels businesses.
Corporate Transactions: In the event of a reorganization, merger, sale, dissolution or liquidation of Performa or any of its affiliates or assets, we may transfer any and all personal data we have to the relevant third party or affiliate in connection with any sale or transfer of Performa, or any of its affiliates or assets, including in connection with a merger, reorganization, dissolution or liquidation.
Aggregated Information: We may also share aggregated statistical data with our business partners and prospective business partners that includes your demographic or other information such as how you interact with Performa but does not identify you. We reserve the right to provide any and all such aggregated and de-identified data to third parties.
Social Media and Third-Party Apps: We may share information with social networks when you interact with the Digital Properties (e.g., a clicking a Facebook “like” button) or connect your social media accounts to the Digital Properties. If you elect to connect any third-party apps to the Digital Properties, your information may also be shared with these third parties. Please see the “Links to Third-Party Sites” section below, as we do not control these third parties or their privacy practices.
In certain instances, the Digital Properties may allow you to elect to communicate with Performa by using text message, including in connection with scheduling a visit to one of our Performa locations. By electing to receive text messages, you are expressly consenting to receiving text messages made using an automatic telephone dialing system from Performa or its service providers, and you also understand and agree that data rates and charges may apply and that you are solely responsible for all associated costs assessed by your telecommunication carrier or provider. Providing this consent is not a condition of becoming a member of Performa or receiving any goods or services from Performa.
You may opt out from receiving text message at any time by either replying STOP or END to a text you have from Performa or by texting STOP or END to (646) 357-9500 at any time. Please note that you may receive a confirmation text acknowledging you have unsubscribed. Please allow five (5) business days to process your request.
Strictly Necessary: These cookies are necessary for the Digital Properties to operate properly and facilitate your use of its features. Without these cookies, certain services cannot be provided. These cookies help us understand information, such as your session ID and other server authentication information. This category of cookies should not be disabled. If you use your browser settings to block them, we cannot guarantee your security or predict how the Digital Properties will perform during your visit. Examples of our strictly necessary cookies include:
● EqAuth.v1: We set this cookie to allow us to authenticate users on our websites
● Product Token: We set this cookie to enable online purchasing through the websites by remembering the unique ID of each product you want to to purchase
Functional: These cookies allow the Digital Properties to remember choices you make and provide enhanced and more personal features. They can also be used to make sure the content we show is relevant to you – for example, if you are logged in as a member, we use a cookie to make sure we don’t show you a promotion for non-members. They can also be used to remember changes made to parts of our website that you can customized. Examples of our functional cookies include:
● Activate JSON: We set this cookie to allow us to help remember and populate your member ID, last name and location when activating your online account
● LPSession ID: This cookie is set by the va.v.liveperson.net domain to help enable and provide our LivePerson online chat feature
Performance and Analytics: These cookies collect information about how you interact with the Digital Properties, such as what pages you visit and if any errors have occurred. Information is used to improve how the Digital Properties function. These cookies don’t collect information that identifies you, but generate statistical data about your use of our Digital Properties. Examples of our analytics cookies include:
● AMCV_###@AdobeOrg: We set this cookie to allow our Adobe Analytics software to identify a unique website visitor
● s_cc: We set this cookie to allow our Adobe Analytics software to determine if a website visitor has enabled cookies
● JSESSIONID: This cookie is set by the .nr-data.net domain to determine which pages you visited and whether you received any errors while browsing those pages, and we use cookie to help debug and fix our site.
Targeting and Advertising: These help customize the content and information you receive on the site and to help deliver ads that we believe are relevant to your interests. Advertising cookies may be placed on the Digital Properties by a third party with our consent, which then enables us to determine whether or not to show you an Performa ad when you are browsing other sites. Third-party cookies we have allowed to be placed on the Digital Properties for advertising purposes are listed below. Please visit the relevant third party’s site for more information on these cookies and how you can opt out of them.
● Bing: The MR, MUID and MUIDB cookies are set on our website to help identify a Bing user as someone who visited our website so that we can determine whether or not to show that user an Performa ad on Bing. Click here for more information on Bing’s cookies.
● DoubleClick: The IDE and cto_lwid cookies are set on our website to help identify a Google user as someone who visited our website so that we can determine whether or not to show that user an Performa ad via Google’s DoubleClick ad services. Click here for more information on Google DoubleClick’s cookies.
● Facebook: The fr and other Facebook cookies are set on our website to help identify a Facebook user as someone who visited our website so that we can determine whether or not to show that user an Performa ad on Facebook. Click here for more information.
● LinkedIn: The BizoID, BizoUserMatchHistory and lang are set on our website to help identify a LinkedIn user as someone who visited our website so that we can determine whether or not to show that user an Performa ad or job listing on LinkedIn. Click here for more information.
● Yahoo: The B cookie is set on our website to help identify a Yahoo user as someone who visited our website so that we can determine whether or not to show that user an Performa ad on Yahoo. Click here for more information.
Your Choices: In addition to visiting the third-party sites above, you can manage cookies through your web browser. Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. You can find out how to do this for your particular browser by clicking “help” on your browser’s menu or by visiting www.allaboutcookies.org. Please note, however, that if you disable cookies you may not be able to take full advantage of all features and functionalities of the Digital Properties. The following external links will explain how to manage cookies for the most common browsers:
In addition to the browser-based controls, you can manage third party cookies by visiting http://aboutads.info/choices/ and http://youronlinechoices.eu/
PROTECTION AND RETENTION OF PERSONAL DATA
INTENDED FOR USE BY ADULTS
Performa offers membership to individuals who are at least eighteen (18) years of age. However, teenagers that are at least sixteen (16) years of age may become members with the written consent of their parent or legal guardian. Similarly, the Digital Properties are intended for use by adults, and you must be at least eighteen (18) years of age or, for teenagers ages sixteen (16) and older, have parental consent, to provide personal data to Performa. The Digital Properties are not intended for children under the age of thirteen (13), and we do not knowingly collect or store any personal data from children under the age of thirteen (13).
LINKS TO THIRD-PARTY SITES