Privacy

This Privacy Policy describes our (as defined below) policies and procedures on the collection, use, and disclosure of your information when you use the Service and tells you about your privacy rights and how the law protects you.

We use Your Personal data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this Privacy Policy. By visiting the Website and/or Mobile App (as defined below) or otherwise providing us with your personal information by using our Services, you agree to be bound by the terms and conditions of this policy.

​Interpretation and Definitions

Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means an account created for You to access our Service or parts of our Service.
• Club (referred to as either “the Club”, “We”, “Us” or “Our” in this Agreement) refers to Wayside Athletic Club, 80 Broadmeadow Street, Marlborough, MA 01752
• Cookies and web beacons are small files that are placed on your computer, mobile device, or any other device by a website and/or Mobile App, containing the details of Your browsing history on that website and/or Mobile App among its many uses.
• Country refers to: Massachusetts, United States
• Device means any device that can access the Service, including, without limitation, a computer, a cellphone or a digital tablet.
• Personal Data is any information that relates to an identified or identifiable individual.
• Service refers to the Website and/or Mobile App.
• Service Provider means any natural or legal person who processes the data on behalf of the Club. It refers to third-party companies or individuals employed by the Club to facilitate the Service, to provide the Service on behalf of the Club, to perform services related to the Service or to assist the Club in analyzing how the Service is used.
• Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Website refers to Wayside Athletic Club, accessible from either www.WaysideAthleticClub.com or the associated Mobile App.
• You means the individual accessing or using the Service, or the Club, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Date of birth and gender
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Billing information
• Credit card or banking information
• Photograph
• Usage Data
• Biometric information (such as your physical characteristics or measurements)
• Commercial information & Consumer Preferences (such as products and services purchased from us and partners
• Workout and machine usage information
• Account information such as username, password, unique user ID, and communication preference

* You can always choose not to provide certain information, but it may limit your ability to use a particular service or feature on the Website and/or Mobile App or the Services.

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. We do not currently respond to “Do-Not-Track” signals or mechanisms.

Use of Your Personal Data
The Club may use Personal Data for the following non-exhaustive purposes:

• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a Membership Agreement: the development, compliance and undertaking of the Membership Agreement for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.

We may share your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service along with providing You certain products or services.
• For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Club assets, financing, or acquisition of all or a portion of our business to another Club.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent Club and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

Retention of Your Personal Data

The Club will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Club will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed by the Club’s Service Providers at operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

Disclosure of Your Personal Data

Service Providers
The Club may disclose your personal information to third party service providers or agents who provide services to or on behalf of the Club or its members such as, but not limited to, hosting, data management, analytics and storage services, sweepstakes providers, membership benefits providers and retention services. By downloading, installing, using and providing information to or through this Service, You consent to sharing Your Personal Data and Usage Data without present Service Providers. Please refer to our Service Providers separate Privacy Policies which can be accessed using the following links:

https://www.daxko.com/privacy

*It is important to review these separate privacy policies as your use of the Services are subject to the separate privacy policies of our Service Providers as indicated above.

App Data

• Location Data The Wayside Athletic Club app collects location data only after the user has granted permission. This includes background location access to support a core feature that detects when a user is near a facility location and enables a seamless check-in experience by prompting access to their access card barcode. Location data is processed on device to trigger relevant notifications and is not stored by the app, nor is it stored on our servers or shared with any third parties. Users can manage or disable location permissions at any time through their device settings.

• Fitness classes or event participation data to track participant attendance and ensure space requirements.

Business Transactions
If the Club is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement
Under certain circumstances, the Club may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements
The Club may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Club
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data through our Service Providers, We cannot guarantee or warrant its absolute security. You agree to provide and share the Personal Data at Your own risk.

Access to Your Personal Information

You have a right to challenge the accuracy and completeness of your personal information and to have it corrected, as appropriate. To access or amend your personal information, please log in to your online account or visit Club.

You may also request access to your personal information and inquire about how that information has been used and disclosed, subject to certain exceptions prescribed by law. If your request for access is denied, we will notify you in writing of the reason for such denial. Please email Memberservices@WaysideAthleticClub.com to inquire about the use of your personal information. 

Your California Privacy Rights (California’s Shine the Light law)

Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.

If you’d like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.

Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances. 

Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, such as the Service Provider links listed above, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of our Service Providers and every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of our Service Providers or any other third party sites or services.

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

Changes to this Privacy Policy are effective when they are posted on this page.​

Contact Us
If you have any questions about this Privacy Policy, You can contact us:

By email: Memberservices@WaysideAthleticClub.comm

By phone: 508.481.1797