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PRIVACY POLICY
Last Updated: July 7, 2021
MOVATI Athletic (Group) Inc. (“MOVATI”, “we,” “us,” or “our”) is committed to protecting the privacy and confidentiality of personal information in our custody and control. This Privacy Policy describes how we collect, use, disclose and otherwise treat personal information in connection with the operation of our premium fitness clubs and provision of related products and services, including our mobile applications that link to this Privacy Policy and our website located at www.movatiathletic.com (the “Website”, and collectively the “Services”).
Table of Contents
- Collection and Use of Personal Information
- Information We Collect Automatically
- De-identified Data
- Disclosure of Personal Information
- Third Party Links
- Safeguards
- Retention of Personal Information
- Your Choices
- Your Rights
- Changes to our Privacy Policy
- Contact Us
Collection and Use of Personal Information
We collect personal information as necessary to provide our Services to you and to respond to your questions and inquiries. The type of personal information that we collect, and the purposes for which it is used, will depend on how you interact with us.
The personal information we collect includes:
- Name and contact information
- Age or date of birth and gender
- Information collected through health and safety screenings
- Information collected in connection with fitness assessments or personalized training programs, such as information about your fitness level and physical measurements.
- Member number or barcode, and MOVATI club name and location
- Username and password for online accounts and access to online, digital or mobile Services
- Information we may collect through security systems at our clubs, such as access dates and times and video surveillance
- Payment information, such as credit card information
- Information related to your use of our Services, including the classes you attend, the content you access on our Website or mobile applications,
- Other information you may choose to provide to us, such as information about your preferences and goals, or information you include in inquiries or complaints.
We use this information to:
- Provide our Services, including to create and manage member accounts, provide and manage access to our online, digital and mobile Services, communicate with members in respect of their account, provide customer service and support, and process payments.
- Provide members with tailored communications about products, services, classes and events that may be of interest to them.
- Better understand how our members use our Services in order to improve the Services and develop new or enhanced products or services.
- Request feedback from members, such as through member-satisfaction surveys, administer contests and promotions.
- Respond to your requests and complaints.
- Manage our business including to maintain business records for reasonable periods, enforce our agreements, detect, investigate and prevent fraud or other activities that are unlawful or in violation of MOVATI\’s policies and terms, maintain the safety and security of our premises, protect the health and safety of other members and staff, and collect amounts owing to us.
- For other purposes with your consent or as permitted or required by law.
Information We Collect Automatically
We use data collection tools to automatically collect information when individuals visit our Website or use our online, digital or mobile Services (collectively, our “Online Properties”), including:
Cookies and Other Tracking Technologies
We use cookies and similar technologies to collect information about your visit to our Online Properties, to remember your preferences and settings when you navigate through our Online Properties, and for security purposes. Cookies are small data files that are sent to an individual's browser and placed on their device's hard drive when they visit a website. The information a cookie contains is set by a website's server and can be used when the user visits or returns to the website. Cookies are designed to remember things that a user has done while on a website in the past, which can include logging in or clicking on links.
Most internet browsers accept cookies, but if you do not want us to collect your data in this way, you should decline cookies within your own internet browser. Similarly, you can delete cookies that have already been placed on your device through your internet browser's settings. Please note that declining or deleting cookies may affect your use of our Website.
Log Files
When you use our Online Properties, our servers automatically record certain information in server logs. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on our Online Properties, domain names, landing pages, pages viewed, mobile carrier, and other such information. Log files help us to monitor, analyze, improve and maintain the Online Properties and to diagnose and fix any service related issues.
Device Identifiers
When you access Online Properties using a mobile device, we collect specific device information contained in your mobile device's “device identifier.” This device identifier includes information such as the type of device you are using, its operating system, and mobile network information, which may include your mobile phone number. We may associate this device identifier with your MOVATI account(s) and will use data associated with your device identifier to customize our Online Properties to your device and to analyze any device related issues.
Location Information
We may collect and process information about the location of the device from which you are accessing the Online Properties. You can disable location based services in settings associated with your device; however please be aware that some features of the Online Properties may not function properly if location services are turned off.
Analytics
We may use third party service providers like Google Analytics to collect information about your use of the Website, such as the features used and time spent on the Online Properties, to help us better understand our users and improve our Online Properties. The information we gather is used in an aggregate, non-identifiable form. For information about information is processed in connection with Google Analytics please read the Google Analytics Policy here.
Advertising
We or our service providers or advertising networks may use cookies and similar tools to track your behaviour on our Online Properties and across other online properties in order to serve you with advertising that is tailored to your inferred interests. To learn more about targeted advertising based on information about your online activities or to learn how to opt out of having your data used for online behavioral advertising, visit www.youradchoices.ca or www.networkadvertising.org/choices.
De-identified Data
We use the information we collect, including data collected automatically through tools such as cookies, to create de-identified data that cannot be associated with, or used to identify a member or user of our Online Properties. We may use and share de-identified data with third parties in order to analyze and improve products or services, create new products or services, and for research and marketing purposes.
Disclosure of Personal Information
We disclose personal information in the following circumstances:
- Service Providers: We may transfer personal information to service providers that provide certain services on our behalf, such as data hosting and processing, marketing, analytics, information technology services, payment processing, and debt collection. Some of these service providers may be located outside of Canada, including in the United States. While outside of Canada, personal information will be subject to applicable foreign laws, which may permit government and national security agencies to access your information in certain circumstances.
- Business Transactions: We may disclose personal information in connection with the proposed or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of MOVATI or our business or assets, for the purposes of evaluating and/or performing the proposed transaction. Assignees or successors of MOVATI or our business or assets may use and disclose your personal information for similar purposes as those described in this privacy policy.
- Legal: We may disclose personal information where permitted or required by law, including to comply with a subpoena or warrant, to law enforcement in connection with an investigation, to protect our rights and the safety and security of our employees, and to enforce our agreements and collect debts owed to us.
- With Your Consent: We may disclose your personal information in other circumstances with your consent.
Third Party Links
Our Online Properties may contain links to other websites that MOVATI does not own or operate. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy policies, notices and terms of use. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat personal information. We encourage you to read the privacy policy of every website that you visit.
Safeguards
We protect personal information using safeguards that are appropriate to the sensitivity of the information. These safeguards may include measures to protect against unauthorized access, alteration, disclosure or destruction of personal information. We limit access to personal information to our employees and service providers who require access in connection with their role or function. Despite these measures, since no system or security measure is completely secure, it is possible that personal information may be lost, stolen or accessed without authorization.
Retention of Personal Information
Personal information is maintained on our servers or those of our service providers and is retained as long as necessary for the fulfilment of the purposes for which it was collected, in accordance with prudent business practices on general document retention, or as otherwise required by law.
Your Choices
You may (subject to contractual and legal restrictions) refuse to provide your consent, or choose to withdraw your consent, to our processing of your personal information by contacting our Privacy Officer (see “Contact Us” below). Note that if you refuse to consent, or withdraw your consent, to certain processing of your personal information, we may not be able to provide certain Services.
You may unsubscribe from our promotional email communications at any time by using the unsubscribe feature included in those messages. Please note that if you unsubscribe from our promotional email communications you may still receive transactional or business-related communications from us.
Your Rights
You may request access, updating or correction of your personal information (subject to limited exceptions prescribed by law) by submitting a written request to our Privacy Officer (see “Contact Us” below). We may take steps to verify your identity before providing access or making corrections.
Changes to Our Privacy Policy
We may revise or update this Privacy Policy from time to time. The current version of our Privacy Policy will be available on our Website. Changes to this Privacy Policy are effective when they are posted.
Contact Us
For more information about MOVATI's privacy practices, to update, correct or obtain access to your personal information, to withdraw your consent, or if you have privacy-related questions or concerns, please contact our Privacy Officer at:
MOVATI Privacy Officer
MOVATI Athletic
295 The West Mall, Suite #410
Etobicoke, ON
M9C 4Z4
Email: privacyofficer@movatiathletic.com
TERMS AND CONDITIONS
Pre-Authorized Debit ("PAD") Agreement
I hereby authorize Movati Athletic to debit the Bi-Weekly Amount and all other charges and amounts payable to Movati Athletic pursuant to this Membership Agreement (the "Payments") from the bank account provided (the "Account") every second Friday commencing on the First Payment Date shown above. The Payments are for personal services. I may change or terminate my authorization at any time by providing Movati Athletic with 30 days' prior written notice to be delivered either (i) in person to the manager of the Facility or (ii) by registered mail. I may obtain a sample cancellation form and more information regarding the right to cancel this PAD Agreement from my financial institution or by visiting "www.cdnpay.ca". I have certain recourse rights if any debit does not comply with this PAD agreement. For example, I have the right to receive reimbursement for any debit that is not authorized or that is not consistent with this agreement. To obtain a form for a Reimbursement Claim, or for more information on your recourse rights, I may contact my financial institution or visit "www.cdnpay.ca". A third party, namely ABC Global Services, will be administering the PAD and may provide other administrative support to us. As such, I acknowledge that my personal information may be transferred to such third party for purposes of administering the PAD and to provide other administrative membership support to Movati Athletic. I authorize such third party to debit the following (including without limitation, through the use of cheques, electronic funds transfer, charge card etc) for the purpose of paying said payments, including any late fees or service fees for purposes of administering the PAD. I hereby explicitly waive my right to receive pre-notification of each Payment to be debited to the Account. By executing this Agreement, You authorize Club and Club's agents, including its third party payment processing companies ("Club's Agents"), to store the account or card information provided by You on or in relation to this Agreement and/or Your Club Membership Agreement ("Club Agreement"), as well as any other account or card information provided by You through any means to Club or Club's Agents (including information provided in person, online or over the phone) for purposes of making any payment in relation to this Agreement and/or Your Club Agreement (hereinafter, "Payment Information"). Club and/or Club's Agents will use the stored Payment Information to process payment of all dues, fees, taxes, purchases and incidental charges that are due or will become due, including all items on the Payment Schedule, fees identified in Your Club Agreement, membership-related obligations, retail transactions, personal training purchases, group exercise purchases, childcare fees, or other purchases. Club and/or Club's Agents may also use the stored Payment Information to process payments owed in relation to all subsequent Agreements entered between You and Club. The fixed dates or intervals on which transactions will be processed and the transaction amounts (including all associated fees, taxes, and charges) and/or a description of how they will be calculated are more specifically set forth in the Payment Schedule and other terms of Your Club Agreement. If Your Club Agreement will automatically renew at the end of the Term defined therein, the stored Payment Information will be used to process payments owed in relation to the renewal term. This consent to store Payment Information will not expire unless it is expressly revoked. The general cancellation and refund policies provided in Your Club Agreement will apply to this consent. If any changes are made to the terms of this consent, an e-mail notifying You of such changes will be sent to the e-mail address provided by You on the face of Your Club Agreement or, if an e-mail is not provided, notice will be sent to the mailing address provided on Your Club Agreement.
I have carefully read, understand and agree to be absolutely, unconditionally and irrevocably bound by the terms and conditions contained in this Membership Agreement including all of the terms and conditions, below, which form an important part of this Agreement.
MEMBERSHIP AGREEMENT — TERMS & CONDITIONS
- The following terms and conditions (these "Terms") are an important part of a legally binding and enforceable contract made between Movati Athletic (Group) Inc. doing business as Movati Athletic ("Movati Athletic") and the Member, including the Parent, Guardian and Guarantor, if any, identified on the cover form (the "Form"). The Form and these Terms (including any attached schedules ("Schedule" or "Schedules") together constitute the full agreement between you and Movati Athletic (the "Agreement"). In this Agreement, the words "you" and "your" refer to the Member, the Parent, the Guardian and the Guarantor, jointly and severally. This Agreement is legally enforceable. This Agreement may be subject to consumer protection legislation (the "Act") in the province in which the Primary Club (as defined below) is located. Any waiver or limitation of your rights in this Agreement applies only to the extent permitted by the Act.
- In consideration of your admission as a member of Movati Athletic (a "Member") and the right and privilege to attend and use the facilities at the MOVATI club specified on the attached Schedule A (the "Primary Club"), and the services to be provided to you (as set out on Schedule A) (the "Services"), you agree to comply with the terms of this Agreement including paying all fees and charges set out in this Agreement (collectively, the "Fees") to Movati Athletic plus all applicable taxes and levies. In the event that any provision set out in these terms and conditions contradicts a term set out on a Schedule, the term on the Schedule shall govern.
- As a Member, you have the right to use the facilities at the Primary Club. Depending on your membership type, you may also have the right to use one or more other clubs operating under the MOVATI brand ("Secondary Clubs"). Details of such rights, if any, including the location of the Secondary Club(s) will be set out on Schedule A. Hereinafter the term "Club" will refer to the Primary Club and all Secondary Clubs unless the context makes it clear otherwise. You agree that the terms of this Agreement will be equally binding on you no matter which Club you use and that you will act at all times as if bound contractually with the operator of any applicable Secondary Club.
- In partial consideration for the services to be provided to you hereunder, you agree to have your photo taken by staff at Movati Athletic solely for the purpose of identifying you while you are on the premises. You further agree to have that photo appear on your Movati Athletic identification card.
- This Agreement and your membership in Movati Athletic shall commence on the date this agreement is signed by you or your Guarantor, or the services were made available, whichever is later (the "Effective Date"). This Agreement will be in force for 12 months starting on the Effective Date (the "Term"). The Agreement will continue in full force and effect for the Term unless cancelled by you or revoked or suspended by Movati Athletic for the causes and in the manner set forth in this Agreement.
- Notwithstanding the Effective Date of the Agreement specified above, the Term will not commence until the date on which the Primary Club is open for business (the "Actual Commencement Date").You will not be required to pay the fees until the Actual Commencement Date.
- In the event that you wish to renew the Agreement, this Agreement may be renewed for another term of one month with your consent. Thereafter, the Agreement will continue on a month-by-month basis, subject only to termination in accordance with this Agreement. Movati Athletic shall advise you of any proposed changes to the terms of the Agreement including any proposed increases in fees or other charges during the renewal term.
- After the expiry of the Term, Movati Athletic shall have the right to change the Fees payable hereunder by giving you not less than thirty (30) days prior written notice delivered pursuant to section 21 of this Agreement.
- You may not terminate this Agreement prior to the expiry of the initial Term. After renewal of the Agreement for another term, you may terminate this Agreement at any time by giving thirty (30) days written notice (the "Notice") to Movati Athletic. You must either deliver the Notice to an employee of Movati Athletic at the Primary Club or send it by registered mail to Movati Athletic at the Primary Club address. Upon receipt of the Notice, you will be entitled to continue to use the Club for a period of thirty (30) days. Movati Athletic shall apply the Deposit paid by you on account of the last installment of Fees due under the Agreement to such thirty (30) day period.
- The Club and any services to be provided to you will be available to you immediately upon signing of this Agreement. If at any time during the Term either the Club itself or the services to be provided at the Club are not available, You hereby agree to use an alternate facility and / or services provided by Movati Athletic at an alternate facility during that period. In the event that it is necessary to use an alternate facility, the Club will provide you with a week’s advance written notice of the dates upon which the alternate arrangements will start and end, the location of the alternate facility, and the services to be made available to you there.
- Your membership in Movati Athletic, and all right and privileges associated therewith, are personal to you and are not transferable to any other person. While Movati may, from time to time in its sole and unfettered discretion, permit a member to transfer their membership, no member has the right to have their membership transferred, whether under the terms of this Agreement or otherwise.
- All Fees are due and payable on the dates and times set out in the Form. All Fees are payable whether or not you attend at or use the Club and regardless of your frequency of use of the Club. Movati Athletic will not extend or waive the obligation to pay any Fees and no refunds will be paid for any reason whatsoever.
- If you fail, neglect or otherwise default in your obligation to pay any Fees when due, whether by reason of insufficient funds or otherwise, you shall pay to Movati Athletic a $20.00 service charge (the "Service Charge") in respect of each such default. Movati Athletic reserves the right to increase the Service Charge from time to time and will give you written notice of that change. If you have defaulted in your obligations to pay Fees when due on more than one occasion, then at the option of Movati Athletic the entire unpaid balance of all Fees payable during the Term may be deemed immediately due and payable. If you default in your obligations for more than 90 days under this Agreement, Movati Athletic may terminate all of your rights and privileges to use the Club in its sole discretion.
- You agree to pay all costs that Movati Athletic incurs in seeking to collect any Fees including, without limitation, court costs and lawyer’s fees in addition to any administrative fees, cost recovery, insufficient funds fees and collection fees.
- You agree to pay the Fees to Movati Athletic by way of credit card or pre-authorized debit from the account identified on the Form. You represent and warrant that the credit card/bank account identified in the Form is your credit card/bank account, that you have the necessary authority and you hereby authorize Movati Athletic to automatically charge/withdraw the Fees to/from the credit card/bank account on the dates and times specified in the Form. The charge/withdrawal of Fees will continue after the expiry of the Term but only if your Agreement with Movati Athletic has been renewed for another term.
- The Parent or Guardian / Guarantor (each an "Indemnifier") jointly and severally, absolutely, unconditionally and irrevocably guarantee the due and punctual payment by the Member of any and all Fees and amount owing by the Member to Movati Athletic hereunder. Each of the Indemnifiers covenants with Movati Athletic that if the Member defaults in the payment of any amount due to Movati Athletic, or if any one of them have agreed to make payment of any monies payable hereunder on behalf of the Member, whether by pre-authorized automatic debit payment plan or otherwise, the Indemnifiers shall pay such amount to Movati Athletic forthwith upon demand. It is hereby expressly declared that each of the Indemnifiers are not only surety for the payment by the Member of the monies due hereunder, but also shall be considered and be deemed to be the primary debtor for such indebtedness. No indulgence, extension(s) or release granted to the Member, nor any other thing whatsoever done whereby the Indemnifier, as surety, would or might have been released, shall in any way modify, alter, vary or in any way prejudice Movati Athletic or affect the liability of the Indemnifier, which shall continue and be binding on the Indemnifier as well after as before default, until the monies owing by the Member are fully paid and satisfied. Movati Athletic shall not be bound to exhaust its recourse against the Member before being entitled to payment from the Indemnifier of the amounts hereby guaranteed by the Indemnifier. Modification of this Agreement in any way can only be made by the Member and Movati Athletic, but not the Indemnifier.
- You will strictly comply with all rules and regulations reasonably established by Movati Athletic which are posted at the Club or otherwise made known to you. You will conduct yourself in a manner which does not create a nuisance or negatively affect the health or welfare of other members or staff in their use and occupation of the Club, including without limitation the swimming pool. If you breach this duty or the rules and regulations of Movati Athletic, you may, at the discretion of Movati Athletic, have your membership terminated with immediate effect and you will not be entitled to any refund of any Fees paid. You will be liable for any and all damages caused by you to the Club and any furniture and equipment located therein.
- Movati Athletic will provide you with an identification card. You agree to produce your identification card every time you enter the Club. A replacement fee plus applicable tax will be charged for any lost, stolen or damaged membership cards.
- You acknowledge and agree that Movati Athletic is not responsible or liable for any items that you leave in the Club or that are stolen from the Club.
- You acknowledge that there is an inherent risk of injury (both minor and serious) or death associated with participation in or proximity to athletic activities including the use of the Club whether for physical exercise or otherwise. You have considered and voluntarily assume all risk of injury or death relating to your membership and the use of the Club and you hereby release and forever discharge and agree to indemnify Movati Athletic, its affiliated corporations (including but not limited to the Club and Secondary Clubs) and their respective directors, officers, employees and agents (collectively the "Indemnified Parties") of and from all claims, damages, actions or causes which arise therefrom. You hereby waive all claims that you may have against any one or more of the Indemnified Parties for injury sustained by You as a result of any physical exercises or activities that you undertake or that other persons undertake, whether they occur within or outside of the Club’s facilities, and whether or not they are supervised. You agree that this waiver and release is reasonable and proper, particularly given the nature of the Club’s business.
- Any notice or other communication that Movati Athletic provides You in connection with this Agreement may be delivered by mail or personal delivery, email, or fax provided that an applicable address or number has been provided in this Agreement, or in any other manner specified in this Agreement.
- This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties hereto with respect thereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between the parties other than as expressly set forth in this Agreement.
- This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein.
SCHEDULE A – (PLATINUM LEVEL)
PART I: MEMBERSHIP TYPES, RELATED CLUBS AND TERMS
A. Primary Club
If you have a Classic, or Student membership type, you have unlimited access to the following MOVATI club (your Primary Club): Windermere
B. Secondary Clubs
If you have an All Access membership type, you have unlimited access to all other MOVATI clubs in Canada (your Secondary Clubs) in addition to your Primary Club.
C. For Select and Select All Access Members Only:
1. Select and Select All Access membership gives you the right to freeze your membership for a minimum of 2 consecutive weeks and a maximum of 12 consecutive weeks. In any calendar year, you may not freeze your membership (i) more than 12 weeks in total and/or (ii) more often than twice during that period.
2. Select and Select All Access membership includes towel service (max. 1 towel per visit).
3. Once a Member obtains a Select or Select All Access membership type, they may not downgrade from the Select or Select All Access membership for at least 12 months from the date upon which their Select or Select All Access membership started. Notwithstanding the foregoing, such Member may cancel their agreement according to the terms and conditions set out herein.
D. For Student Members Only
Student Membership is only available to individuals aged 13 through 24 years who possess a valid student photo identification card. Once a Student Member is no longer a valid student, Movati reserves the right to change the Student Member’s membership type and rate.
PART II: SERVICES
• You will have access to the following services under the terms of this Agreement:
• Co-Ed Fitness; Group Fitness Classes; pool; weights; cardio-equipment
NOTES AND AUTOMATIC RENEWAL TERMS