1 Information We Collect

Our primary goals in collecting information are to (i) offer, provide, and improve the features and content of our Services, (ii) administer your use of our Services, and (iii) enable our members to enjoy and easily navigate our Services.

We collect information from you when you visit our website or mobile app, register as a member, use our interactive tools, or purchase merchandise.  We also collect information about how you use our Services.  We may also receive information about you from third parties.  This information can identify you or your device or can be linked to you.

1.1       Information You Provide

We collect personal information that you provide when you use the Services, register as a member, purchase merchandise, sign up for communications from us, or participate in our online community forums. This information includes:

• Personal Information: Personal Information means any information that is linked or reasonably linkable to an identified or identifiable individual. When you register for a HEIMAT membership, visit HEIMAT Clubs, use our Services, contact us directly, or interact with us on social media, you may provide us with certain Personal Information, such as:
  • Name
  • Mailing Address
  • Email Address
  • Phone Number
  • Date of Birth
  • Gender
  • Device Information
  • Other personal information you voluntarily disclose
• Account Information: Account information is information that we collect in connection with your HEIMAT membership account, such as:
  • Personal Information listed above
  • Membership type and effective date
  • HEIMAT Member Number
  • Username and Password
  • Social media handles
  • Personal Preferences and Interests, such as favorite programs or classes, or products or services purchases
  • Health /Medical information
• Financial Information: If you decide to purchase a membership or our merchandise, we may collect payment and identity verification information, including contact information and payment method. If you pay using credit card, we and our third-party payment processor may collect financial information such as credit card number and expiration date. For more information on how your Financial Information is used and shared in these instances, please see Section 3.4 (“Payment Processors”) below.
• Communications: We collect certain information provided in your communications with us. In some cases, we record your interactions with our support service team upon notifying you that a recording will be made. The information collected includes:
  • Questions or concerns you submit via our customer service functions or in consultations with our personnel
  • Service Call or online Chat recordings
• Marketing Communications: We collect personal information you may provide in connection with customer testimonials, surveys, promotions, contests, sweepstakes, marketing events, trade shows, webinars, conferences, customer research, feedback, or a similar event or occurrence.
• Social Media: We may monitor and collect information from interactions with our social media accounts, which are operated by third parties, posted on our accounts or linked to us on third-party operated social networks or other web offerings (such as Twitter/X, LinkedIn, Facebook, Instagram, Pinterest, Reddit, TikTok, or Google). Our Services includes social media features, such as the Meta Like button and widgets, the share this button, or interactive mini programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly through our Services. Your interactions with these features are governed by the privacy notice of the company providing it.
• Information and Content you post: Our Services may include community forums or other similar online spaces where you may be able to connect with other users.  When you post or share comments or other content when using our Services, we may collect information such as your name, username, email, comments, likes, interests, status, and pictures.  We may also collect audio or visual content such as photos, videos, or recordings you choose to post when using our services, or when granting us access to your camera or microphone while using interactive features of our Services.
• Information you provide offline: You may also provide us with information in person and offline.  For example, you may fill out membership forms, personal training, or spa questionnaires, or we may record you if you visit our gyms or corporate offices (including by security surveillance of our premises, including CCTV).
• Information when you do business with us: If you are a vendor, service provider, or business contractor of HEIMAT, we may collect information about you and the services you provide, including your employees’ contact information.  We may also collect other information you or your employees provide as part of your services and our agreement with you.
• Publicly available information: In addition to the information you provide, we may also collect information from publicly available sources, affiliates, or third parties, such as when we partner with other companies or use service providers to help us optimize our marketing activities.

1.2      Usage Information

HEIMAT collects information about your browser or device as it interacts with our Services. (“Usage Information”). Usage Information collected may be combined with other information we collect about you to improve the services we offer you, and our marketing, analytics, and site functionality.  This information includes:

• Computer or mobile device information you use to access our Services, including:
  • your Internet Protocol (IP) address
  • hardware model
  • operating system version
  • mobile network information
  • location information
  • other information that identifies your computer or device
• User interaction information:
  • We log information about your use of the Services, including, information such as:
    • the type of browser you use
    • loading and access times
    • pages viewed and features accessed
    • the page you visited before navigating to our Services
    • whether you have started or completed use of an offering
    • other events that occur while engaging with our Services
  • Links: We also may keep track of how you interact with links on the Services, such as in emails, third-party services, and client applications.
  • Email read receipts: If we send you a communication, such as an electronic mail, we may collect available information regarding your receipt and review of such communication.
• Cookies, etc.: We and our service providers use cookies and similar technologies to automatically or passively collect information about the use of our Services, analyze trends, administer services, track users’ movements while utilizing the Services, and to gather demographic information about our user base as a whole. These technologies may include small data files stored on your hard drive or in device memory or electronic images or strings of HTML, JavaScript, or URL code that can be added within emails, online ads, and websites, and help us to improve our Services and your experience, enhance security, evaluate which areas and features of our Services are popular, and measure total usage. Examples of these technologies include cookies, web beacons/pixels, local shared objects, and UTM codes/tags. The third parties we work with may also use cookies to help us analyze how our users are using the Service. You may elect to have your browser not accept cookies, however, this may disable or render unusable some of the features of the Services. For further information, please see “Your Rights” below.
• Mobile Application Analytics: When you interact with our mobile application on your mobile device, our mobile app vendor may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. This information allows us and our vendors to better understand the functionality of our mobile software. We do not utilize the information we store within the analytics software in connection with personally identifiable information you submit within the mobile application.
• Geolocation Data: If you have enabled background location services on your mobile device, we may collect the data about you in the background even when you do not have the HEIMAT application open. You may turn off location services at any time by changing your mobile device settings. Independent of your device, the IP address we collect through your use of our Services, as described above, may itself indicate information about your location.

1.3     Third-Party Tools and Collecting Information

Our analytics, advertising and marketing, and other business partners may use cookies, web beacons, pixel tags, and other similar technologies, to collect information about you when you use our site or applications. These tools collect information about the performance of our site and how visitors navigate around and interact with our web pages, which allows us to evaluate and further improve and optimize our web pages. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities.  They may also use this information to perform their services and may combine the information they collect about you on our Sites with other information they have collected for their own purposes.  This notice does not cover such uses of data by third parties.  For more information about your options relating to these third-party tools see Section 6. 3 (“Your Rights”).  below.

1.4       Third Party Links

Our Services may contain links to third party websites, which are clearly identified and will direct you from HEIMAT’s site to a third-party site.  Our link to a product or service offered by a third-party company does not by itself indicate our endorsement. Some of these third-party sites may collect information about you or request personal information from you. HEIMAT does not direct or oversee the policies, procedures or other practices for companies other than HEIMAT. If accessing a third-party site via a link, you will be directed to that third-party’s website and governed by their privacy notice and policies. We encourage you to review their privacy notices to learn more about what information is collected, how it is used, and how it is stored.

2 Legal Basis, Use, and Retention of Information

2.1       Legal Basis

We may process your Personal Information for the purposes identified in this Privacy Notice, pursuant to the following legal basis: (1) with your consent, (2) for compliance with a legal obligation to which HEIMAT is subject, (3) for the performance of a contract to which you are party, (4) in order to protect your vital interests, or (5) when we have assessed it is necessary for the purposes of the legitimate interests pursued by HEIMAT or a third party to whom it may be necessary to disclose information and are not overridden by your rights and freedoms, including your right to have your personal data protected.

2.2       How We Use Your Information

We use your Personal Information for our legitimate business interest in operating and improving our business and services, such as:

• to establish, manage, and administer your membership and account with us;
• to provide the information, products, and services you request;
• to provide you with effective customer service;
• to communicate with you (in accordance with any privacy preferences you have expressed to us), including to
  • contact you with information and notices related to your use of our Services
  • notify you of new or enhanced products and services
  • send you newsletters
  • send you marketing messages or show you tailored advertising
  • provide you with special offers and other information that we believe will be of interest to you
  • provide text message alerts for product information, account status, promotions, or other marketing activities
  • to invite you to participate in surveys and provide feedback to us;
• to assist the development of our Services, including to
  • analyze and improve the products and services we offer to you
  • better understand the functionality of our Services in your web browser or on your device
  • provide you a customized or personalized experience
• to address issues that may arise, including to
  • notify you if there are issues with our Services, or your order
  • send you technical notices, updates, and security alerts
  • research and address any questions or problems submitted through our technical support and customer service systems
  • monitor and investigate fraud, identity theft, and other illegal activity
  • protect the safety and security of HEIMAT, our Services, our members, and others
  • for any other purpose identified in an applicable privacy notice or other agreement between you and us.

We may also use data that we collect on an aggregated or anonymous basis (meaning that it does not identify any individuals) for various purposes, where permissible under applicable laws and regulations, to help deliver products, services, and content that are better tailored to the users of our Services and for other purposes.

2.3       Retention Policy

We will only retain your personally identifiable data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of our legitimate business interests that have been accessed and satisfy any legal or reporting requirements.  For clarity, we retain all information collected for so long as you have a membership account with us, so that we can service your membership efficiently.  Should you request to deactivate your membership account or for us to erase your personally identifiable data, subject to our 30-day retention period for back-ups, we will cease to retain all personally identifiable information you have provided.  However, retention periods may be extended if we are required to preserve your information or data because of litigation, investigations and other similar proceedings, or if a longer retention period is required or permitted by applicable law.

3 How and Why We Disclose Your Information

We may disclose the information we collect from and about you within our organization and with certain third parties as described below.

3.1       Business Affiliates

We may share your data with our affiliates, subsidiaries and parent companies (“Affiliates”), for the purpose of any necessary collaboration.

3.2       On-Site Business Partners

For your convenience, HEIMAT Clubs may contain products or services provided by third party operators, including fitness equipment and fitness trainers. Third party operators operate independently from us, and the privacy practices of the relevant third parties, including details on the information they may collect about you, are subject to the privacy policies of those third parties, which we strongly encourage you to review, as their practices may differ from ours.

3.4         Payment Processors

When you make a payment for the Services, we process your payments via a third-party payment processor. In these instances, the third-party payment processor may collect certain Financial Information from you to process a payment on behalf of HEIMAT, including your name, email address, address and other billing information in which case the use and storage of your Financial Information is governed by the third-party payment processor’s terms, conditions and privacy policies.

3.5       Vendors

HEIMAT engages certain third parties that may process data submitted to HEIMAT to perform certain business-related functions and to increase the functionality of our Services.

• Supporting Service Providers, such as vendors, consultants, affiliates, and other service providers who assist us in providing our Services and use and disclose such personal information to perform services on our behalf. These companies are directed to not retain, share, store, or use personal information for any secondary purpose.
• Marketing Service Providers: We may also disclose certain information with companies, including our affiliated entities and third parties, that provide services that help us market our products or otherwise support the promotion of our business. We disclose information with these companies as they provide us such services as needed to perform their functions on our behalf in a manner that is consistent with this Privacy Notice.

Third party companies provide various other services to us, such as monitoring and analyzing how our Services are used or performing. When we engage another company to perform such functions, we may provide them with information, including Personal Information, Account Information, and Usage Information in connection with their performance of such functions. These third parties may analyze the data we provide, combine that data with publicly available data, and provide us with access to their analysis and reports.

We do not display the identities of all of our third-party data processors and service providers publicly by name for security and competitive reasons. If you would like further information about the identities of our third-party data processors and service providers, please contact us as provided in Section 9 (“Contact Us”) at the end of this Notice.

3.6       Social Media

We may share your information with third-party social media sites to market our services, including to offer you interest-based ads.  We may also provide functionality on our Services that allows you to automatically post information to third-party social media Services.  If you choose to take advantage of this functionality, people with access to your profile on the third-party Services will be able to see your posts.  Thus, you should have no expectation of privacy in those actions.  Further, if you choose to link your profile on our Services with an account on a third-party social media Services, we may share the information in your profile with that third-party Services.

3.7       Other Purposes

We also may disclose information about you to support these other purposes:

• Law Enforcement or Regulatory Requests: To law enforcement, government agencies, and others if we believe disclosure is in accordance with any applicable law, regulation, or legal process, or as otherwise required by any applicable law, rule or regulation
• Fraud and Abuse Prevention: If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property, and safety of HEIMAT or others
• In a Merger: In connection with, or during negotiations of, any merger, sale of HEIMAT assets, financing or acquisition of all or a portion of our business by another Company, in which your Personal Information and data may be transferred as a business asset. In such cases, we will provide notice before your Personal Information is transferred and/or becomes subject to a different Privacy Notice.
• Reporting of De-identified & Aggregated Info: We may also disclose aggregated or de-identified information, which cannot reasonably be used to identify you, in our discretion. Examples may include, but are not limited to: the total number of users served by a HEIMAT product or service, general age group ratios, and other statistical data relating to our services or events.
• Mobile phone number: We may disclose your mobile phone number to service providers that assist us with providing text message alerts for product information, account status, promotions, or other marketing activities; however, we will not disclose your mobile phone number with or other third parties for their own marketing purposes without your consent.

4 How We Protect Your Information

We work to protect your personal information from loss, misuse, or unauthorized access, alteration, and destruction by using industry standard safeguards, procedures, and practices.

These safeguards include physical, logical, and technical protections for physical security, information security, and additional measures to restrict access to data we hold in physical and electronic forms.

The security of your Personal Information is important to us, and we strive to implement and maintain administrative, technical, and physical security measures appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.

Examples of how we protect your information include:

• Security Infrastructure: Implementation and maintenance of commercial grade firewalls and other monitoring systems.
• Access Controls: Access to personal information is restricted on a need-to-know basis
• Encryption: data and credit card information placed under encryption when it’s transmitted to us.
• Passwords: Access to Members-Only services is password-protected with complex password requirements. Remember: You should use a unique password and not it with anyone.
• Multi-factor Authentication: Security questions or authentication codes sent by email or text and utilized to verify your identity.

However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.

5 Children’s Privacy

Our Services are not directed at anyone under the age of thirteen (13); and we do not knowingly collect personally identifiable information from anyone under the age of thirteen (13).

6 Your Rights

The rights in this section apply to all users of our Services.  However, some users may be entitled to additional rights under their state’s laws which are provided below in Section 7 (“Your State Privacy Rights”) below.

6.1       Choosing Do Not Sell or Share Your Information

You may elect to add your name to our “Do Not Sell or Share My Personal Information” list by clicking the button labeled “Do Not Sell or Share My Personal Information” on any HEIMAT web page.

However, note that if you provide your information to a third party for their own use, or if said third party otherwise collects your information as part of your interactions with them, then their use of your information will be subject to the limits of their privacy statement or notice, rather than ours.

6.2       Your Communications and Opt-Out Options

Email Communications: We may periodically send you communications or otherwise contact you about new products, services, or upcoming events.

Text Communications: By providing your mobile phone number, you expressly consent to receive text messages from us to the mobile phone number provided. Message and data rates will apply, and you should check the rates of your mobile carrier. Text Messages are distributed via third-party mobile network providers and, therefore, we cannot control certain factors relating to message delivery. We do not claim or guarantee availability or performance of text messaging service, including liability for transmission delays or message failures.

Opt-out: You may choose to be removed from our communications list by clicking the unique link in the communication to update your preferences or by contacting HEIMAT using one of the methods listed in our contact information at the bottom of this page (email, phone, or mail) to request that you be removed from our marketing list.

You can opt-out from further text marketing communications by texting STOP to the SMS number used by HEIMAT to contact you.

Note, however, that even if you opt-out of receiving marketing communications, we may still contact you for non-marketing purposes (such as account information, feedback or research purposes, legal notices, account security, bug alerts, or changes that may impact your ability to use the HEIMAT Services).

6.3       Our Use of Interest-Based Ads and Choosing Do Not Track

We partner with third parties to either display advertising on our website or to manage our advertising on other sites. Our third-party partners may use technologies such as cookies beacons, pixels, and other similar technologies to gather certain information about your activities on our website and other sites in order to provide you advertising based upon your browsing activities and interests. By clicking “Accept All Cookies,” you consent to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. Data gathered from one site may be combined with data from other websites, mobile applications, and sources.

You have choices about the collection of information by third parties on our Services. For example, if you don’t want information about your visit to our Services sent to Google Analytics, you may download the Google Analytics Opt-out Browser Add-on by clicking here. Please note that the add-on does not prevent information from being sent to HEIMAT.  To the extent we use Google, Facebook, Instagram, LinkedIn,  Pinterest, Reddit, TikTok, or X for advertising purposes, please see these links provided by these respective companies to understand some of their related opt-out choices.

In addition, if you would like to opt-out of having interest-based information collected by certain entities during your visits to our site or other websites, please click here. You will be directed to an industry-developed website that contains mechanisms for choosing whether each listed entity may collect and use data for online behavioral advertising purposes. It may be that some of the third parties that collect interest-based information on our site do not participate in the industry-developed opt-out website, in which case the best way to avoid third-party tracking of your online behaviors may be through your browser settings and deletion of cookies. Please note this does not opt you out of being served ads and opting out via one browser, device, or app may not necessarily opt you out of collection from all browsers, devices, or apps. You will continue to receive ads, but they will not be targeted to your interests.

Certain web browsers allow users to opt-out of tracking by websites and online services by enabling an opt-out preference signal such as Do Not Track (“DNT”) or Global Privacy Control (“GPC”). If you choose to enable an opt-out request preference signal you will only be opted out of online sales or sharing of your information and will need to turn it on for each browser you use. At this time, we do not honor Do Not Track signals.

To submit a request to opt out of offline sales and sharing, please click on the “Do Not Sell or Share My Personal Information” button located on any HEIMAT webpage. If you have questions about our use of interest-based ads, please contact us at privacy@heimat.com.

6.4       Access and Corrections to Your Information

You can access or correct your membership information by visiting https://app.heimat.com/login/ and selecting “Sign In” to access your account and request changes.

In certain jurisdictions you have the right to request access and receive information about personal information we maintain about you, even if you are not a member, to update and correct inaccuracies in your personal information, or to have the information deleted. If you would like to make such a request, please contact us using the information below in Section 9 Contact Us. We attempt to respond to all requests within a reasonable timeframe and as required by applicable law.

6.5       Storage and Transfer of your Information

In accordance with applicable laws, we keep and store your information to provide you with the Services and for the uses identified herein. We also may retain or use your information as necessary to comply with our policies, legal obligations, resolve disputes, and enforce our agreements.

To facilitate HEIMAT’s operations, we may store, transfer and access the information and personally identifiable information you submit to our Services around the world, including the United States, Canada and other countries in which HEIMAT or its third-party service providers have operations. This Privacy Notice shall apply even if HEIMAT transfers such information or personally identifiable information to other countries. By consenting to this Privacy Notice and using our Services (or, for the avoidance of any doubt, providing information or personally identifiable information to us on any Company website in any other context), you consent to the transfer of your information and personally identifiable information among these facilities, including those located outside your home country.

If you are located outside the United States and allow us to collect information about you, please be aware that HEIMAT may, where permitted by law, transfer your personal information to other countries, including the United States, and process and store it there.

7 Your State Privacy Rights

Depending on the U.S. state in which you reside, the laws in your state may provide you with additional rights regarding our collection and use of your personal information.

To learn more about your state privacy right, visit the State Rights Privacy Notice at: link to notice

8 Changes to This Privacy Notice

We reserve the right to update or change our Privacy Notice at any time and you should check this Privacy Notice periodically. If we make changes, we will notify you by revising the date at the top of the notice and, in some cases, we may provide you with additional notice (such as sending you an email notification or posting a banner notice on our web page). We encourage you to review the Privacy Notice whenever you access the Services or otherwise interact with us to stay informed about our information practices. Your continued use of the Service after we post any modifications to the Privacy Notice on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Notice.

9 Contact Us

For questions about our Privacy Notice or practices, you may contact us at:

Email: privacy@heimat.com

Other ways to reach us:

Mailing Address: 5420 Lyndon B. Johnson FWY, Suite 300, Dallas, TX 75240

Telephone: 1-888-386-3042