Privacy Policy - House Concepts

Privacy Policy

House Concepts (Beach District) Inc. as owner, operator or manager, and any licensees, subsidiaries or affiliates (including, but not limited to, any affiliated entities engaging employees for, or on behalf of, any of the foregoing entities) thereof operating under the HOUSE or House Concept brand (collectively, "we", "us", "our") value your privacy. This privacy policy (our "Privacy Policy") describes our practices with respect to the collection, use, storage and disclosure of Personal Information (as defined below in paragraph 1) which you provide to us when visiting and using our website (www.houseconcepts.com) (the "Website") or our mobile application (the "App"), when purchasing or registering for classes or equipment, when exercising your rights to cancel classes or otherwise communicating with us, when using or attending any one of our HOUSE-branded facilities (each, a "Fitness Facility", and collectively the "Fitness Facilities") and when using or purchasing any of the services or products we offer in any of our Fitness Facilities or otherwise in connection with any of the above including but not limited to the purchase of merchandise and products through our retail shops and experiencing any of our wellness services (collectively, the "Services").

This Privacy Policy also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information. This Privacy Policy is incorporated by reference to our Terms and Conditions that can be found at www.houseconcepts.com.

When you create an account with us, attend or use our Fitness Facilities or otherwise use any of our Services, you are agreeing to this Privacy Policy.

  1. What is Personal Information?
    For the purposes of this Privacy Policy, "Personal Information" means the different types of information we collect and use about you, including, without limitation:

    1. Your contact information, such as your name, email address, mailing address and phone number;
    2. Your demographic information such as your age, sex, gender identity and date of birth;
    3. Your billing information such as your credit card number, payment history, and billing and shipping address;
    4. Your transaction-related information such as your purchase histories and tendencies and records of the Services purchased;
    5. Your unique identifiers such as your username, account number, password;
    6. Fitness equipment information such as your equipment size and fitness type preferences;
    7. Online and network activity information such as your browsing and search history and your interactions with the Website and the App;
    8. Information and data related to your fitness, health, nutrition, activities, biological characteristics and training goals;
    9. Your membership information with us such as the Fitness Facilities you visit and the classes and Services you participate in;
    10. Health care information such as medical records and other wellness-related information;
    11. Sensory information related to you such as audio, video, text and images whether created or provided by you on our Services or otherwise obtained through photographs and CCTV video footages at our Fitness Facilities; and Information such as order or class reservation history and marketing preferences.

    In many cases, we will collect the Personal Information directly from you or otherwise pursuant to the terms of our Privacy Policy. Our Privacy Policy applies to personal information about individuals and does not apply to any information collected, used or disclosed with respect to corporate or commercial entities. Furthermore, our Privacy Policy does not impose any limits on our collection, use or disclosure of the information exempted under applicable privacy legislation, such as business contact information and certain publicly available information.

  2. Your Consent

    We will obtain your consent to collect, use or disclose Personal Information except where we are authorized or required by law to do so without consent. For example, we may collect, use or disclose Personal Information without your knowledge or consent where the information is publicly available, we are obtaining legal advice or we expect that obtaining consent would compromise an investigation or proceeding. Other exceptions may apply.

    Your consent can be express, implied or given through authorized representative such as a lawyer, agent or broker. Consent may be provided orally, in writing, electronically, through inaction (such as when you fail to notify us that you do not wish for your Personal Information to be collected / used / disclosed for various purposes after you have received notice of those purposes) or otherwise.

  3. Use of Personal Information

    We will only use and disclose your Personal Information as authorized by law and for our business purposes, including without limitation:

    1. To provide the Services to you;
    2. To communicate with you about your use of our Services, respond to your inquiries, authenticate your identity, carry out billing functions and for other customer service purposes - including to administer surveys, questionnaires and contests, and to allow you to participate in those contests;
    3. To tailor the content and information that we may send or display to you and otherwise personalize your experiences while using our Services, and to otherwise improve our Services;
    4. For direct marketing or promotional purposes and where necessary, with your consent, to provide our third-party partners, affiliates, subsidiaries with information such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you, including third party products and services. We also may use the information that we learn about you to assist us in advertising our services on third party websites. Information on how to opt-out of receiving these promotional emails is provided under paragraph 10 of this Privacy Policy;
    5. For research and analytical purposes including to better understand how account holders such as yourself access and use the Website, App, the Fitness Facilities and the Services;
    6. To suggest and communicate to you Services that may be of interest to you including new classes, activities and services offered by us;
    7. To operate, evaluate, manage and improve our business and the Services we provide;
    8. For career opportunities including interviewing, evaluating and hiring our employees;
    9. To comply with applicable legal obligations, such as in response to a court order or a subpoena;
    10. Where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Privacy Policy, including the collection of any debts owed to us, or as evidence in litigation in which we are involved; and For other purposes we may inform you about from time-to-time.

    Please also note that we may transfer your Personal Information across provincial or national borders to fulfil any of the above purposes, including to service providers located in the United States and other jurisdictions outside of Canada who may be subject to applicable disclosure laws in those jurisdictions. You may contact us (our contact information is provided below) to obtain information about our policies and practices regarding our transfer of data or use of service providers outside of Canada, or to ask questions about the collection, use, disclosure or storage of Personal Information outside of Canada.

  4. Retaining and Destroying Personal Information

    Subject to any requirement by law, we will keep Personal Information for the duration your account is open with us and for such reasonable period thereafter to allow us to comply with our legal and regulatory requirements and to enforce our Terms and Conditions.

    We will destroy, erase or make anonymous documents or other records containing Personal Information as soon as it is reasonable to assume that the original purpose is no longer being served by retention of the information and retention is no longer necessary for legal or business purposes. We will take due care when destroying Personal Information so as to prevent unauthorized access to the information.

  5. Information Collected and Obtained from Third Parties

    To create an account and participate in our classes, you are required to provide us with emergency contact information. You may also, at your discretion, provide information to us about friends so that we can invite others to try our classes. If you provide us Personal Information about others, or if others give us your Personal Information, we will only use that information for the specific reason for which it was provided to us.

  6. Other Information We Collect Automatically

    In some cases, we automatically collect information about your use of the Fitness Facilities and our Services, including the Website and the App, through cookies, web beacons, and other technologies, including technologies designed for mobile apps.

    1. The Website and The App

      You do not need to create an account with us to check us out. However, if you decide to purchase or schedule a class with us or use our Fitness Facilities or certain Services, then you must create an account. To create an account, you are required to provide us with certain information as requested by us, including Personal Information. When using the Website, we may collect the information such as your browser type and operating system, web pages you view, links you clicked, your IP address, the date and length of time you visited the Website and used our Services, the Internet address of the website from which you linked directly to the Website, and the content you download from the Services.

      In addition, when using the App, we may collect the mobile device ID of the cellphone you are using, including the device name and model, language information, activities within the App, and the length of time that you are logged into the App. The App may also, with your permission, collect information from your mobile device to determine your location (you may turn this feature off through the location settings on your mobile device) and to access your calendar to keep track of your upcoming classes we may access your mobile device's calendar.

    2. Our Use of Cookies and Other Tracking Mechanisms

      We and our third-party service providers use cookies and other tracking mechanisms to track information about your use of the Website and the App. For example, cookies enhance the convenience and use of the Website and the App. The information provided through cookies is used to recognize you as a previous user of our Website or App, to offer personalized content and information for your use, to track your activity on the Website and the App, to respond to your needs, and to otherwise streamline your experience. We may combine this information with Personal Information we collect from you (and our third-party service providers may do so on our behalf). We may also use cookies and tracking mechanisms so that third party vendors, including Google, Instagram, Twitter and Facebook, show our ads on sites across the Internet. We may also use targeted advertising services to tailor our advertisements (both on the Website and on other sites) to your interests. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Website and the App.

    3. Third Party Analytics

      We use automated devices and applications, such as Google Analytics, and other analytic means to evaluate usage of the Website, the App, our Fitness Facilities and our Services. We use these tools to help us improve the performance and user experience for our Fitness Facilities and our Services. These entities may use cookies and other tracking technologies to perform their services.

    4. Third Party Ad Networks

      From time to time we may use third parties such as network advertisers to serve advertisements on third-party websites or on social media. If you are in Canada, you may opt out of interest-based advertising through the Digital Advertising Alliance or Network Advertising Initiative, although you may still receive advertisements.

  7. Security of Personal Information

    We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts to protect your Personal Information, no data security measures can guarantee security.

    We may also process or transfer your information to jurisdictions outside of your home country where privacy laws may not be as protective. We take appropriate measures to ensure that your personal information remains secure when it is transferred outside of your home country, in accordance with Applicable Privacy Laws.

    You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

  8. Access to My Personal Information

    You may sign into your account on the Website or the App at any time to see certain Personal Information we have stored electronically on your account and to modify or update such information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Website or the App for a period of time.

    Also, upon written request to us, we will provide you with your Personal Information under our control, information about the ways in which that information is being used and a description of the individuals and organizations to whom that information has been disclosed. We will make that information available within 30 days or provide written notice where additional time is required to fulfil the request.

    In some situations, we may not be able to provide access to certain Personal Information. This may be the case where, for example, disclosure would reveal Personal Information about another individual, the Personal Information is protected by solicitor/client privilege, the information was collected for the purpose of an investigation or where disclosure of the information would reveal confidential commercial information that, if disclosed could harm our competitive position. We may also be prevented by law from providing access to certain Personal Information. When an access request is refused, we will notify you in writing, document the reasons for refusal and outline further steps which are available to you.

  9. Updates or Changes to Privacy Policy

    We may occasionally update or revise this Privacy Policy. You agree that we may provide notice of such changes by posting the updated policies on the Website, on the App or by notice of such changes at the Fitness Facilities. Unless otherwise stated, any and all such updates and changes are effective immediately upon posting and apply to all continued use of the Fitness Facilities or our Services. You agree to periodically review our Privacy Policy in order to be aware of any such modifications and by purchasing credits, subscriptions (including through recurring payments) or otherwise using our Services, you agree to be bound by any such updates and changes.

  10. Withdrawing Your Consent

    You may withdraw your consent to our collections, uses and disclosures of your Personal Information under certain circumstances, subject to legal, contractual and other restrictions, provided that you give reasonable notice of withdrawal of consent to us. On receipt of notice of withdrawal of consent we will inform you of the likely consequences of the withdrawal of your consent, which may include without limitation our inability to provide certain or all Services to you or the suspension or termination of your account.

    You may notify us at any time that you wish to withdraw or change your consent to our use and disclosure or your information. We will accommodate your request subject to legal and contractual restrictions. If you have "opted in" or subscribed to one of our mailing lists, we will always provide you the opportunity to "opt out" or unsubscribe “ for example, a link in the email which you can use to unsubscribe from that mailing list, or you may contact us at the address set out in paragraph 12.

    If you choose to not provide us with your Personal Information, we may not be able to provide you with certain Services for which that information is necessary. Please speak with our staff to determine how this may affect our ability to provide you with Services.

  11. Privacy of Minors

    If we discover that Personal Information has been provided by a person who is under the age of majority in the province or state where they have provided such information that is not in accordance with the Terms and Conditions or any of our user registration documents, such as the Waiver or the Waiver for Minors, we reserve the right to delete such information.

  12. Contact Information

    You can direct any questions or concerns regarding our compliance with this Privacy Policy by writing or emailing to us at:

    House Concepts
    701-1431 Continental St.
    Vancouver, British Columbia V6Z 1R6
    E: privacy@houseconcepts.com
    Attention: Privacy Officer