Welcome to Xendiera.com (“Xendiera,” “we,” or “us”). We are a USA-based company providing gym memberships and fitness-related products and services (“Services”) to help individuals achieve their health and fitness goals.
At Xendiera, your privacy is important to us. This Privacy Policy (“Policy”) explains how Xendiera may collect, use, and share information about you through our website or mobile application (collectively, the “Site”) and through offline channels (e.g., POS systems, phone calls, in-person interactions, facility use). This Policy is incorporated into and subject to our Terms & Conditions. By using our Site and Services, you agree to our use of your information as described in this Policy.
We may update this Policy as we modify or expand our Site and Services. Material changes will be noticed through the Site. Your continued use of the Site or Services after the effective date means you accept the updated Policy. We will handle your Personal Information (PI) according to the Policy in effect at the time of collection, except as legally required or authorized.
1. WHAT INFORMATION DO WE COLLECT?
We collect information to provide and improve our Services. This includes data you provide directly and information collected automatically.
Information you provide may include:
- Contact & Account Details: Name, address, email, phone number, date of birth, age, gender, username, password, emergency contact.
- Membership & Payment: Credit card number, bank details, purchase history, class attendance, personal training usage.
- Health Information (limited): In certain cases, health or medical information relevant to safely using our facilities or services (e.g., allergies for Kids Programs, fitness goals for training).
- Children’s Data (for Kids Programs): Name, gender, date of birth, member’s relationship, emergency contact, allergies, special needs.
- Corporate Membership: Employer name, company email, work address.
- Career/Franchise Inquiries: Information submitted on CV, net worth, liquid capital, veteran status.
- Location: GPS location if you opt-in via your device.
We strive to collect and process only PI necessary for our services and for purposes compatible with initial collection. You can limit the information you provide, but this may restrict access to certain Site or Service features.
Information collected automatically may include:
- Device & Connection: IP Address, country, time zone, OS, browser type/version, internet connection details.
- Usage Data: How you arrived at the Site, pages visited, usage details, traffic data, search terms.
- Purchases: Information related to your transactions.
2. HOW DO WE USE YOUR INFORMATION?
We use the PI we collect for the following purposes:
- Service Delivery: Operate the Site & Services, manage your account, tailor personal training, provide requested information, products, & services.
- Communication: Contact you by phone, email, or text, respond to inquiries, service, security, and customer support issues.
- Security & Fraud: Verify identity, detect, prevent, or address fraud, security, unlawful, or technical issues.
- Business Operations: Update/maintain records, contract fulfillment, payment processing, billing, collections, IT administration, corporate governance, legal compliance.
- Marketing & Advertising: Lead capture, promotional activities, marketing communications (including creating look-alike/custom audiences, remarketing), advertising for Xendiera or third parties. We may enrich data with information from other sources for these purposes.
- Third-Party Services: Make third-party provider services available to members/guests.
- Improvement: Monitor Site/Service use, conduct research/analysis for business planning and product development.
- Legal & Safety: Comply with laws/requests, assert/protect rights, defend against claims, respond to law enforcement, protect the rights, property, security, and safety of our applicants, employees, customers, systems, and the public.
- Employment/Franchise: Assess applications.
- Corporate Transactions: Evaluate or conduct mergers, sales, or transfers of assets where PI is involved.
3. MARKETING
- Email: If you provide your email, we may send you emails about offers, news, and club openings. You can opt-out via the unsubscribe link in our emails. Transactional communications (e.g., membership alerts) will continue.
- Phone Number: If you provide your mobile number, we may use it for text messages. Your explicit consent is required for sharing your mobile number with affiliates for their marketing. You can opt-out of our texting program or sharing with affiliates by contacting us (see Section 12).
- Advertising: We or third parties may use your information to deliver targeted ads, including through social media. This may involve data enrichment.
4. WHERE DO WE GET YOUR PERSONAL INFORMATION?
We collect PI from:
- You: Directly (e.g., registration, purchases, surveys) and automatically through web technologies (e.g., cookies).
- Social Media: Consistent with your settings.
- Third Parties: Our franchises, business partners, advertising partners, service providers, staffing agencies, or your employer (where lawfully entitled).
5. HOW DO WE DISCLOSE YOUR INFORMATION?
We do not generally disclose your PI without your consent, except as described in this Policy. We may share your PI with:
- Affiliates & Franchises: Our affiliated companies, subsidiaries, and independently owned/operated Xendiera franchises.
- Your Direction: Third parties at your direction or with your consent (e.g., emergency contact, authorized agent).
- Service Providers: Third-party service providers (e.g., payment processors, advertising, marketing) under confidentiality and data privacy obligations.
- Third Parties for Marketing: For their advertising/marketing purposes (excluding mobile phone data without explicit consent).
- Professional Services: Accountants, attorneys.
- Corporate Transactions: In connection with mergers, sales, etc.
- Legal & Safety: As required by law, court order, regulatory agencies, to investigate/defend against claims, or prevent illegal activities.
6. DO WE USE COOKIES AND OTHER WEB TECHNOLOGIES?
Yes, our Site uses cookies (small data files) and web beacons (pixels) to collect and store information.
- Types of Cookies: Strictly Necessary, Performance/Analytics, Functionality/Personalization, and Advertising/Targeting. Some are first-party (set by us); others are third-party (set by partners).
- Facebook Meta Pixels: Used for tracking and targeted ads. While data shared with advertisers is anonymized, Facebook may link it to individual user profiles for targeted marketing.
- Exercising Choice: Most browsers allow you to block cookies. Disabling cookies may affect Site functionality.
- “Do Not Track”: We do not currently respond to “Do Not Track” signals.
- Statistical Data/Analytics: We use tools like Google Analytics 4 (which anonymizes data by default) to collect statistical information for Site improvement.
- Social Media Features: Our Site includes social media share buttons which may collect your IP address and set cookies. Your interactions are governed by the third-party’s Privacy Policy.
- Embedded Content: Embedded content (e.g., videos) may place third-party cookies; we don’t control these.
IMPORTANT: BY USING THE SITE AND SERVICES, YOU CONSENT TO THE COLLECTION AND PROCESSING OF PERSONAL INFORMATION FOR THE ANALYTICS PURPOSES AND FUNCTIONS DESCRIBED ABOVE.
7. LINKS TO THIRD PARTIES’ SITES AND THIRD-PARTY INTEGRATIONS
Our Site may link to third-party websites or integrations for informational or functional purposes. We are not responsible for the availability, content, privacy practices, or security of these external sites. Review their privacy policies and terms.
8. HOW LONG DO WE RETAIN YOUR INFORMATION?
We retain your PI for as long as necessary to provide Services, while you have an open membership, or as required by law, to resolve disputes, or collect fees. We may retain deidentified or aggregated data indefinitely.
9. HOW DO WE PROTECT YOUR INFORMATION?
Xendiera implements reasonable technical and organizational security measures to protect your PI. Payment transactions are encrypted and handled by third-party processors; we do not store full credit card numbers. You are responsible for keeping your membership account password confidential. No system is 100% secure, and while we strive to protect your PI, we cannot eliminate all security risks.
10. MOBILE APPS
Our Xendiera mobile app (iOS and Android) allows class booking, workout logging, and club check-in. It does not have e-commerce. The App may collect PI as described in Section 1. If you allow location access, the App may use GPS/beacons to provide location-based information and offers via push notifications. This location data may be shared with third parties. You can limit location collection via App or device settings.
11. CHILDREN’S PRIVACY
The Site and its primary services are not directed to children under eighteen (18) years of age, and products/services are not intended for persons under sixteen (16). We do not intentionally gather PI from individuals under sixteen (16) through the Site. If we become aware of such unintentional collection, we will delete the information. When collecting information for membership inquiries, users are informed they must be at least 18 or have parental consent. For children attending Kids Programs, we collect specific PI as noted in Section 1.
12. YOUR CHOICES REGARDING YOUR PERSONAL INFORMATION
- Access/Update/Delete: Upon request, we will confirm if we hold your PI. You have the right to amend/update inaccurate data, request deletion, or request we stop using it. We will endeavor to respond within 45 days.
- Cookies: See Section 6 for managing cookie preferences.
- Mobile Phone Numbers: To opt out of sharing your number with affiliates for marketing, contact us at info@xendiera.com. You cannot opt out of sharing with service providers. To opt out of texts, follow in-text instructions or contact us.
- E-Marketing Communications: Unsubscribe via the link in the email or contact us at [privacy@xendiera.com]. You will still receive transactional communications.
13. APPLICABLE LAW
This Policy is governed by the internal substantive laws of [Your State, e.g., New York], without regard to its conflict of laws principles. Jurisdiction for any claims shall lie exclusively with the state and federal courts within [Your State]. If any provision is invalid, the remaining provisions remain in full force.
14. CONTACT US
For questions or requests regarding this Policy or your PI, please contact us at [www.xendiera.com/privacy-contact] (if you have a dedicated privacy contact form) or email us at [privacy@xendiera.com]. To manage marketing preferences, you can use the unsubscribe link in emails or contact us.
Crucial Actions for Xendiera:
- Fill in the Blanks: Replace all bracketed
[ ]placeholders with your company’s actual and accurate information. - Legal Review: This drafted Privacy Policy is a starting point and MUST be reviewed by a legal professional specializing in privacy law to ensure full compliance with all relevant U.S. federal and state privacy regulations (e.g., CCPA for California, other state-specific laws) applicable to your business model and data practices.
- Dedicated Email: Set up a dedicated email address like
info@xendiera.comfor privacy-related inquiries. - Dedicated Contact Page: Consider creating a dedicated privacy contact page on your website, e.g.,
www.xendiera.com/privacy-contact. - Data Practices Alignment: Ensure that your actual data collection, use, sharing, and security practices align perfectly with what is stated in this policy. Any discrepancy can lead to legal issues.
- Terms & Conditions Link: Ensure the Privacy Policy is correctly linked from your Terms & Conditions page and vice versa.