Privacy Policy

This Policy was last changed on June 2, 2014.

Summer’s Fitness, Inc. (“Summer’s” “us” or “we”) operates this website (the “Site”) and the services related to or offered on the Site (hereinafter, the “Services”). Summer’s’ Services may include, without limitation, tools, applications, email services, interactive forums, calendars, and downloadable mobile applications and content related to the Site or provided through the Site. Summer’s’ services may also be provided under the name “Team VIP,” a federally registered servicemark of Summer’s Fitness, Inc., and such services are expressly included in the term “Summer’s” as used herein.

At Summer’s, we respect and protect the privacy of our customers and those who use our websites. We provide you this privacy policy (the “Policy”) to help you understand the kinds of information we may gather about you when you visit the Site or use any of our Services, how we may use and disclose the information, and how you can control, correct and/or update the information.

“Personal Information” in this Policy refers to information that can be used to identify or contact a person, like a person’s full name, address, e-mail address, or phone number. “Anonymous Information” in this Policy refers to information that cannot reasonably be used to identify individual persons.

By visiting this Site or using the Services, you are accepting the policies and practices described in this Policy. Each time you visit the Site or use the Services, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Policy.

1. Information Collection
A. Information you voluntarily provide us: We collect and maintain information that you voluntarily submit to us during your use of the Site and Services. You can choose not to provide us with certain information, but this may stop you from gaining access to a Service or limit the features that you can use. For more information, please see the Information Usage section below.

B. Information we collect through your use of the Site: As you use the Site and Services, certain information may also be passively collected. Through cookies, pixels, beacons, log files and other technologies, we may collect information about how you use the Site and the Services. This information allows us to deliver more helpful information, programs, tools and advertisements. Please see the Use of Web Technologies section below for more information.

C. Information we receive from third parties: We may also combine online and/or offline information received from third parties with the information we have already collected from you via our Site and Services. The third party information is used for a variety of purposes including to verify other information about you (e.g., verify your mailing address to send you requested products or services) and to enhance the content and advertising we provide to you.

2. Information Use
Summer’s is the sole owner of information collected on this Site and will not sell, share, or rent this information to third parties other than as disclosed in this policy. We will use your Personal Information in the ways described below or described at the time that the information is collected.

A. Advertising: We believe that advertising is more interesting to you when it is relevant. Accordingly, we customize the advertisements that you see based upon: (i) the information that you provide us (e.g., age, gender, stated health interests and other information in your profile); (ii) geographic location information, which we may determine through your IP address, from your mobile device, or other ways; (iii) data we receive from third parties or; (iv) your visits on the Site or use of Services. You can limit the way that we tailor advertising based on your membership profile on this Site and deleting or modifying the information. In addition, you can delete any cookies that we have placed on your browser.

B. To Provide the Sites and Services: In general, we use your Personal Information as necessary or appropriate for purposes including to: (i) administer your account; (ii) register you and provide you access to the Site or Services; (iii) respond to inquiries or requests that you direct to us; (iv) fulfill your requests for products or services; (v) send communications and administrative emails about the Site or Services; (vi) personalize and better tailor the features, performance and support of the Site and Services for your use; (vii) send you promotional/marketing information, newsletters, offers or other information regarding opportunities and functionality that we think would be of particular interest to you; and (viii) improve the quality of the Site and the Services.

3. Disclosure
We will not sell, share, or rent your personal information with third parties other than as disclosed in this policy. We may share your Personal Information with third parties as specifically approved by you or under the circumstances described below. If you do not want us to use or disclose Personal Information collected about you in the ways identified in this Policy, you should not use the Site or Services.

A. Disclosure for legal reasons: We may disclose and release your Personal Information to third parties: (a) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (b) in special cases, such as a physical threat to you or others, a threat to homeland security, a threat to our system or network, or in any cases in which we believe it is reasonably necessary to investigate or prevent harm, fraud, abuse, illegal conduct or a violation or alleged violation of this Policy or other agreement we may have with you.

B. Agents and Contractors: We may provide your Personal Information to service providers who work on our behalf or help us to operate our business, the Site and the Services. Access to your Personal Information by these service providers is limited to the information reasonably necessary to perform its limited function.

C. Aggregated, Anonymous Information: We may share aggregated Anonymous Information about you with third parties. Aggregated information is your Anonymous Information that is combined with the Anonymous Information of other users.

F. Sponsors, Advertisers, Merchants and other ways that you approve at the time of collection: We may share the Personal Information you provide when you register for the Site and Services with certain sponsors. We may collect Personal Information about you and share it with other third parties to the extent that you give us permission at the time of collection. We also sometimes gather Personal Information on behalf of a sponsor in association with a promotion. In such a case, we will provide you notice at the time of collection that the information is being collected on the sponsor’s behalf and a link to the sponsor’s privacy policy. The privacy practices of third party sponsors and merchants may differ from this Policy. We do not control and are not responsible for how these third parties use your information.

G. Within our Company; Changes to our Company: We may share your Personal Information with any of our subsidiaries, joint ventures, or other companies under common control. Additionally, in the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Policy.

4. Use of Web Technologies
We use a variety of web technologies on our sites. Among these are “cookies”; a small piece of information placed on your browser when you visit our Site. We do not store Personal Information in any cookies on your computer. Cookies can be removed by following your Internet browser’s directions within the help tab. In order to use certain Services offered through the Sites, your web browser must accept cookies. If you choose to disable cookies, some aspects of the Site may not work properly, and you may not be able to access our Services.

We may access and set cookies using web beacons, also known as single-pixel GIFs which are invisible graphical images. These web beacons provide us useful information regarding our site such as which pages users access. When we send you emails, we may include a single-pixel GIF to allow us to determine the number of people who open our emails. When you click on a link in an email, we record this individual response to allow us to customize our offerings to you.

We also keep track of activity on our website via log files stored on our web servers. We collect information such as IP address, browser type and version, and pages you view. We also keep track of how you got to our Site and any links you click on to leave our Site. Once you leave our Site, we do not track you. We use your website activity to assist us in offering you a personalized Web experience, assist you with technical support, diagnose problems with our server, administer our Site and to tailor our product and service offerings to you.

5. Security
We take reasonable precautions to protect the confidentiality and security of your Personal Information by using industry-recognized security safeguards such as firewalls, coupled with carefully developed security procedures to protect your information from loss, misuse or unauthorized alteration. We also use secure server software (SSL) to process all financial transactions that occur on the Site. SSL technology can encrypt Personal Information transmitted over the Internet. However, no security system is impenetrable. We do not warrant the security of our servers, nor do we warrant that your information, including Personal Information, will be completely secure or not be intercepted while being transmitted over the Internet.

6. Updating and Control of Personal Information
We offer you choices regarding the collection, use, and sharing of your Personal Information. When you receive promotional communications from us you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional e-mail or communications. If your Personal Information changes or if you no longer desire to use or access the Site or Services, we encourage you to correct, update or remove the Personal Information from your profile on our Site. Keep in mind, however, that even if you delete information from your profile, we may retain your Personal Information in conformance with our data retention policy and Personal Information may remain within our databases, access logs, and other records. In addition, we are not responsible for updating or removing your Personal Information contained in the lists or databases of third parties who have been provided information as permitted by this Policy.

7. Interactive Forums
We may certain interactive forums available as part of the Services. You should be aware that any information which you post to these interactive forums or otherwise choose to make publicly available, including your Personal Information, may be disclosed and available to all users who have access to that portion of the Site or Services. By using these interactive forums, you agree that we are not responsible for any information that you disclose or communicate in such forums, and any disclosures you make are at your own risk.

8. Children’s’ Information
The Site and Services are not directed or intended for children under 13 years of age. We do not knowingly collect Personal Information from individuals under 13 years of age. If you are under 13 years of age, you should not register or provide Personal Information on the Site or through the Services. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us, please contact us at so that we may delete and remove such child’s information from our systems.

9. Third Party Links
The Site may link to websites operated by third parties that we do not control. We do not monitor, control, or endorse the information collection or privacy practices of any third parties. We encourage you to become familiar with the privacy practices of every website you visit and to contact them if you have any questions about their respective privacy policies and practices. This Policy applies solely to information collected by us through the Site or Services and does not apply to these third party websites. The ability to access information of third parties from the Site or Services, or links to other websites or locations, is for your convenience only and does not signify our endorsement of such third parties, their products, services, websites, locations or their content.

10. Contact Information
If you have any questions regarding privacy or this Policy, you may contact us as follows:

Bricker, Eckler, LLP
Christopher Ernst
1001 Lakeside Avenue East
Suite 1350
Cleveland, OH 44114
Voice: 216-523-5472
Fax: 216-523-7071

Summer’s Fitness Inc.
8050 Frank Avenue Northwest
North Canton, Ohio 44720
Telephone: 330-497-2474

11. Privacy Policy Changes
We reserve the right to change, modify, add or remove portions of this Policy at any time and without prior notice, and any changes will become effective immediately upon being posted unless we advise you otherwise. Your continued use of the Site or Services after this Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Policy, as amended. We encourage you to bookmark this Site and review this Policy regularly.