URGE

PRIVACY POLICY

Last Modified: 1/15/2025

This Privacy Policy (“Policy”) of by URGE FITNESS, LLC (“URGE” “our,” “we” or “us”), which will always be at https://www.urgefitness.com/privacypolicy is intended to help you understand our privacy practices and how we collect, use, disclose and process your personal information. We also describe your rights and choices with respect to how we process your personal information. This Policy applies to urgefitness.com, (including all subdomains, the “Sites”), which are owned and operated by URGE FITNESS as well as the use of any mobile device application created by URGE FITNESS (each, a “Mobile App”) our web-based applications (each, a “Web App”), and the online portals hosted on urgefitness.com on behalf of URGE FITNESS. The Mobile Apps, Web Apps, and Member Services may be referred to collectively as our “Services.”  

ACCEPTANCE:

Any entity accessing the Sites or Services (“you”) represents and warrants that you accept the data practices and terms described in this Policy and as applicable, the URGE FITNESS Terms and Conditions. If you do not agree with this Policy, please discontinue your use of the Sites and Services immediately.

CHANGES TO THIS POLICY:

We may revise this Policy from time to time and without prior notice to you. Except as otherwise noted in this Policy, such changes may apply to any personal information we already hold about you or personal information collected after the Policy is modified. Changes will be posted on this page and are effective as of the “Last Modified” date at the top of this Policy. Please visit this page regularly so that you are aware of our latest updates. Continuing to access or use this Sites or Services after any changes become effective indicates your acceptance of the revised Policy.

In addition, we may provide you with “just-in-time” disclosures or additional information about the data processing practices of specific parts of our Sites or Services. Such notices may supplement this Policy or provide you with additional choices about how we process your personal information.

OUR RELATIONSHIP TO YOU:

To understand URGE FITNESS’ data protection obligations and your rights to your Personal Data under this Policy, it is important that you identify which relationship(s) you have with URGE FITNESS.

“Members” refers to individuals doing business with URGE FITNESS utilizing URGE FITNESS Services whether your data was entered by yourself or whether you enter it on a form hosted by URGE FITNESS. URGE FITNESS has a “data processor” relationship with any Member and will collect your Personal Information solely on behalf of URGE FITNESS. Your agreement with URGE FITNESS wil explain how we share your Personal Information with ASF Payment Solutions and other third parties, and if you have questions about this sharing, then you should direct those questions to info@urgefitness.com.

“Visitors” refers to any individual accessing the Sites as well as to any individual submitting Personal Data via the Sites for any reason including, but not limited to submitting a “contact us” or other online inquiry form, subscribing to a newsletter or blog, registering for a demo or webinar, or completing an online survey. URGE FITNESS has a “data controller” or direct relationship with all Visitors accessing or submitting Personal Data via the Sites for any reason.

THIRD PARTIES:

This Policy does not apply to information processed by third parties, for example, when you visit a third-party website or interact with third party services including those you may access by following a link from the Sites or Services or those with whom we may share information as set forth in this Policy. Please review any third parties’ privacy policies before disclosing information to them.

PERSONAL INFORMATION:

“Personal Data” means any information about an identified or identifiable individual and any device information that may be linked with an identifiable individual. We collect and process the following types of information. Note: Specific Personal Data elements listed in example are provided for example only and may change. We may create anonymous records from Personal Data for certain business purposes of URGE FITNESS and its Affiliates as defined below. Any information that is anonymized or aggregated is no longer Personal Data and we may indefinitely use it, share it and retain it for any reason.

Contact Data”: Personal Data about you used to contact you. For example: your name, company name, title, email address, physical address, phone number, username.

Profile Data”: Personal Data related to a member user account on our Services. For example: phone number, e-mail address, website, physical address, credit card and bank account information.

“Member Data”: Consumer Personal Data of a URGE FITNESS’ Members (end customers) utilized by ASF Payment Solutions on behalf of URGE FITNESS to provide services to our Members. For example: customer name, customer phone number, customer postal address, customer email address, services a customer utilized, session or appointment details, credit card and bank account numbers, user IDs and passwords, customer testimonials or other social media reviews, contract documents, and uploaded files and images. Member Data may be entered by utilizing our Services or by Members using our Member Services to do business with URGE FITNESS on websites we host on behalf of those Owners.

“Order & Invoice Data”: Any data included in an order or invoice created, transmitted, and/or stored via the Services, including any data entered by Members via the Member Services. For example: services utilized, subscriptions or items purchased, amounts due or overdue, contact information, and any data entered in a free-form or custom field.

“Transaction Data”: When Members use our Member Services to submit a payment, authorize a recurring payment plan or schedule, or otherwise make a purchase from URGE FITNESS, we collect information necessary to process that transaction, that may include your name, address, zip/postal code, email address, phone number, credit card or financial account number, IP address, and any other information necessary to process or authenticate the transaction. We securely store credit card and bank account information you enter via the Member Services so that it may be used for authorized future one-time transactions or to discharge automated payments as part of recurring payment schedules and plans. Furthermore, we may collect information about you and your purchase, as well as any Personal Information or demographic data that you provide at the time of purchase, including (without limitation) your email address, contact information, and other information related to the products/services purchased. Transaction Data is also collected when URGE FITNESS use the Services to collect payments and enter recurring payment plans and schedules for their Members.

“Device Data”: When you download and use a Mobile App we may collect certain information automatically, such as the type of mobile device you use, your unique device ID, the IP address of your mobile device, your mobile phone number, your mobile operating system, the type of mobile internet browsers you use, geolocation information and information about the way you use the Mobile App.

Performance & Log Data”: Information created by your use of our Sites and Services. For example: your IP address, browser type, operating system, command line information, diagnostic information related to the Sites and Services (i.e. crash activity reports), the referring webpage, pages visited, date, your geo-location, your mobile carrier, your device and application IDs and search terms. Note that Depending on the law of your country of residence, your IP address may legally be considered personally identifiable information.

Cookies”: A cookie is a small amount of data generated by a website and saved by your web browser. Its purpose is to remember information about you, similar to a preference file created by a software application. In some cases, Cookies and similar automated data collection technologies may be used to collect personal information, or information that becomes personal information if we combine it with other information.

Other Data”: Any other information that an individual provides to us. For example: survey responses, blog comments, or other communication submitted to ASF.

COLLECTION AND PROCESSING:

We collect your Personal Data through our Sites and Services. Our Sites are public, any information that is disclosed on our Sites may appear on search engines, or other publicly available platforms and may be “crawled,” searched and used by unaffiliated third parties. Please do not post any information that you do not want to reveal publicly.

Providing the Services: We process your Personal Data when you sign up for and use our Services with a free or paid account. For example, we use Contact Data, Profile Data, and Member Data to configure your account and your user credentials, and to communicate with you as it relates to your use of the Services. We use Member Data and Order & Invoice Data to enable URGE FITNESS to utilize the Services and manage member relationships and to enable Members to do business with URGE FITNESS via the Services. We may share this Contact Data, Profile Data, Member Data, and Order & Invoice Data with our service providers and partners to the extent necessary to provide you with the Services.

Transaction, Order, and Invoice Processing: We use Member Data, Transaction Data and Order & Invoice Data to process transactions, orders, and invoices on behalf of URGE FITNESS, including those placed through the Member Services. Member Data and Order & Invoice Data may be used to communicate with a Member on behalf of URGE FITNESS regarding a transaction, order, or invoice. 

Customer ServiceWhen you contact us through the Sites or Services, including submitting a “contact us” “request a demo” or other online inquiry form, subscribing to a newsletter or blog, entering a contest, registering for a demo or webinar, completing an online survey or any other means, we may record your Contact Data in our customer relationship management system and use your Personal Data to respond to you. If you provide a mobile phone number to us, you are explicitly granting us permission to send text messages to that number to respond to your request and to contact you at that number via an auto-dialer, which we may do at our discretion.

MarketingWe may use your Personal Data to keep you updated about our products and services and send you promotional material about URGE FITNESS and as permitted by applicable law, on behalf of our parent company, affiliates subsidiaries, joint ventures, or other companies under common control with us (collectively, “Affiliates”) and partner companies. Promotional materials may include marketing communications, online surveys, notifications regarding our events and webinars and those of our Affiliates and partners. If you provide a mobile phone number to us, you are explicitly granting us permission to send text messages, recorded messages, and/or use an auto-dialer to contact that number for marketing and promotional purposes, which we may do at our discretion. You may opt-out of our marketing communications at any time.

Site Experience: We may use Profile Data and Device Data to tailor your experience on the Sites, provide content that we think might be of interest, and to display content according to your stated preferences.

Research & Development: We may use Cookies and Performance & Log Data, for functional purposes, to improve the performance and usability of our Sites and Services, and to analyze how users interact with the Services.

Cookies & Similar TechWhen you access the Sites or Services or open one of our HTML emails, we may automatically record Performance & Log Data and Device Data by using Cookies, web beacons, pixel tags, click-stream tracking and similar automated data collection technologies. We use this Personal Data for essential and functional purposes including for site administration, to improve the performance and usability of the Sites and Services and analyze how users interact with the Sites and Services. On certain portions of our Sites and Services, we may collect Personal Data through these technologies for advertising, remarketing or other similar purposes.

Security & EnforcementWe process your Personal Data to enhance the security of our Sites and Services and to combat spam, malware or other security risks. This may include monitoring your activities on our Sites and/or Services. Without processing your Personal Data for such purposes, we may not be able to ensure the security of our Sites and Services. We may also process Personal Data to monitor, investigate, prevent and mitigate any alleged or actual prohibited, illicit or illegal activities or violations of our services and agreements with you. We may use your Personal Data to enforce agreements with third parties and collect fees based on your use of our Services.

Additional ProcessingIf we process Personal Data in connection with your use of the Sites and Services in a way not described in this Policy, this Policy will still apply generally (e.g., with respect to Your Rights and Choices) unless otherwise stated when you provide it.

SHARING:

Information we collect may be shared with a variety of parties depending upon the purpose for and context in which that information was provided. In all cases where we share Personal Data with third parties, we will use a “minimum necessary” standard to disclose only that information required for satisfying the purpose of or performing the service for which the information is disclosed. We generally transfer Personal Data in the following ways:

ConsentWe will share your Personal Data in accordance with your consent for us to do so.

Service ProvidersIn connection with our general business operations, to enable certain features, and in connection with our other legitimate business interests, we may share your Personal Data with service providers or sub-processors who provide certain services or process data on our behalf. Our contracts with these service providers dictate that they only use your information in connection with the services they perform for us and you consent to our sharing of information with these parties by using our Sites and Services subject to this Policy.

AffiliatesIn order to streamline certain business operations, develop products and services that better meet the interests and needs of our customers, and inform our customers about relevant products and services, we may share your Personal Data with any of our current or future Affiliates. You hereby agree to our sharing some or all of your information and Personal Data with our Affiliates.

Third-Party PartnersWhen you complete an online inquiry form to which you were referred by a third-party partner, any information collected through the URGE FITNESS hosted online inquiry form may be shared with the referring third party partner. We may share your Personal Data with third parties for marketing or adverting purposes, as permitted by law. For example, when you sign up for a webinar co-hosted by us and a third-party partner, we may share your Personal Data with the third-party partner. Third-party partners may use your Personal Data for their own purposes subject to their own privacy policies.

Business TransactionsYour Personal Data may be processed in the event of a business transaction, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction or may part of the assets transferred, in such case the acquiring company will possess any rights granted to us under this Policy.

Legal DisclosuresIn limited circumstances, we may without notice to you or obtaining your consent, access and disclose your Personal Data, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is legally required, to prevent or respond to a crime, to investigate violations of our Terms and Conditions, or in the vital interests of us or any person. Note that these disclosures may be made to governments that do not ensure the same degree of protection of your Personal Data as your home jurisdiction. We may, in our sole discretion (but without any obligation), object to the disclosure of your Personal Data to such parties.

RETENTION:

We retain Personal Data for so long as necessary to service the purpose(s) for which your Personal Data was processed and for a reasonable time thereafter, or as necessary to comply with our legal obligations, to resolve disputes or enforce our agreements. While retention requirements can vary by jurisdiction, we generally apply the retention periods noted below:

Services Usage: We will retain Personal Data for as long as a member/customer remains an active user of our Services and for a reasonable time thereafter, to serve the purpose(s) for which the Personal Data was processed. We may store any information about your activity on our Services, including Contact Data, Profile Data, Diligence Data, Order & Invoice Data, Transaction Data, Billing Data, Support & Inquiry Data, and any Other Data created, posted or shared by you while using our Services for as long as we deem it necessary or until you provide specific instructions to delete it, which may be indefinitely, or where a valid business reason exists for such storage such as retaining a comprehensive transaction history, maintaining the integrity of our systems and logs or for the establishment or defense of legal claims, audit and crime prevention purposes.

Member Data: We may store Member Data on behalf of URGE FITNESS, for as long as a valid business reason exists, which may be indefinitely, any Personal Data, including but not limited to credit card and other financial account information, transaction information, and service utilization information, collected about a Member or other individual, whether entered directly into our systems by the Member via our Member Services, or whether entered by an authorized URGE FITNESS employee via the Services.

Site ActivityWe may store any information about your activity on our Sites or any Other Data created, posted or shared by you on our Sites for as long as we deem it necessary or until you provide specific instructions to delete it, which may be indefinitely, or where a valid business reason exists for such storage such as maintaining the integrity of our systems and logs or for the establishment or defense of legal claims, audit and crime prevention purposes.

MarketingWe store information used for marketing purposes indefinitely until you unsubscribe. When you unsubscribe from marketing communications, we add your contact information to our suppression list to ensure we respect your unsubscribe request.

Cookie DataWe retain any information collected via cookies, clear gifs, flash cookies, webpage counters and other technical or analytics tools up to one year from the expiry of the cookie or date of collection. Cookies owned by third parties may have other retention periods.

Call Recording: As required by applicable law, we will inform you that a call will be recorded before doing so. Any recorded telephone calls with you may be retained for a period of up to six years.

YOUR RIGHTS AND CHOICES:

Rights:

Visitors with whom URGE FITNESS has a data controller relationship have the following rights in relation to your Personal Data, in each case to the extent required/permitted under applicable law, and subject to our rights to limit or deny access or disclosure under applicable law. 

Members and other consumers can request that URGE FITNESS provide you with access to the Personal Data ASF stores on its behalf, that URGE FITNESS make changes to that Personal Data, and/or that the Personal Data be deleted from URGE FITNESS systems.

Access: Merchants and  Visitors with whom URGE FITNESS has a data controller relationship may request a list of the Personal Data that we process by submitting an official request in writing via email to the address provided below.

Rectification: Merchants and Visitors with whom URGE FITNESS has a data controller relationship may correct any Personal Data that we hold about you by emailing us at the address provided below and indicating both the inaccurate and corrected information. Members may also login to your My Member Account and modify your Personal Data. (myasfaccount.com)

Erasure: Merchants and Visitors with whom URGE FITNESS has a data controller relationship may request that we delete your Personal Data from our systems once per year by making an official request in writing via email to the address provided below and indicating the specific information you would like permanently deleted from our systems. 

Data Export: Merchants and Visitors may request a copy of their Personal Data in a common portable format of our choice by submitting an official request in writing via email to the address provided below.

We may require that you provide additional Personal Data to exercise these rights, e.g. information necessary to prove your identity. We also reserve the right to retain certain account information for our recordkeeping or compliance purposes.

Choices:

It is possible for you to access and use the Sites without providing any Personal Data, but you may not be able to access certain features or view certain content and some portions of the Sites may not function properly. You must provide Personal Data in order to utilize the Services. You have the following choices regarding Personal Data we process:

ConsentIf you consent to processing you may withdraw your consent at any time to the extent required by law.

Opt-OutYou may opt-out of all information collection from your mobile device by uninstalling the Mobile App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. 

You may opt-out of receiving marketing communications from us by following the opt-out instructions included in such communications. Any communications from us that are not service-related or transactional in nature will offer you an “unsubscribe” option. To the extent required by law, you may choose to opt-out of sharing Personal Data with third parties.

CookiesIf you do not want information collected through the use of cookies, you can manage/deny cookies (and certain technologies) using your browser’s settings menu or by using a variety of tools.

  • You can visit the Google Ads Settings page here.
  • You can use the Google Analytics Opt Out Browser add on.
  • Digital Advertising Alliance’s opt-out page here allows you to opt out from receiving third party advertiser cookies.
  • You can visit the Network Advertising Initiative opt-out page here.
  • You can control Facebook’s use of interest-based ads through your Facebook account settings or can visit the customer support page here.
  • To learn more about cookies and similar tracking technologies, and how they can affect your privacy, visit org.

As there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

MINORS:

Our services are neither directed at nor intended for direct use by individuals under the age of 18 or the age of majority in the jurisdiction where they reside. Further we do not intentionally gather information about such individuals. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Sites or Services if you are not the age of majority in your jurisdiction unless you have the consent of your parent or guardian.

CONTACT INFORMATION:

URGE FITNESS
Email: info@urgefitness.com