Privacy Policy

We may also use cookies to enable us to collect data that may include personal information. For example, where a cookie is linked to your account, it will be considered personal information under the Privacy Act. We will handle any personal information collected by cookies in the same way that we handle all other personal information as described in this Privacy Policy.

Security

We may hold your personal information in either electronic or hard copy form. We take reasonable steps to protect your personal information from misuse, interference and loss, as well as unauthorized access, modification or disclosure and we use a number of physical, administrative, personnel and technical measures to protect your personal information. However, we cannot guarantee the security of your personal information.

Accessing or correcting your personal information

You can access the personal information we hold about you by contacting us using the information below. Sometimes, we may not be able to provide you with access to all of your personal information and, where this is the case, we will tell you why. We may also need to verify your identity when you request your personal information.

If you think that any personal information we hold about you is inaccurate, please contact us and we will take reasonable steps to ensure that it is corrected.

Making a complaint

If you think we have breached the Privacy Act, or you wish to make a complaint about the way we have handled your personal information, you can contact us using the details set out below. Please include your name, email address and/or telephone number and clearly describe your complaint. We will acknowledge your complaint and respond to you regarding your complaint within a reasonable period of time. If you think that we have failed to resolve the complaint satisfactorily, we will provide you with information about the further steps you can take.

Users from the European Union and Switzerland

This section of the Privacy Policy applies only if you use our website or services covered by this Privacy Policy from a country that is a Member State of the European Union or Switzerland, and supplements the information in this Privacy Policy.

Controller of Personal Information

To the extent that we are subject to the laws of the European Union and Switzerland when processing personal data (“Personal Data”), [Stacks Fitness] and the member studio with which you have a relationship are both controllers with respect to your Personal Data. That means that we may both determine how and why your personal data is used.

Legal Basis for Data Processing

We process Personal Data for the purposes set out in this Privacy Policy, as described above. Our legal basis to process Personal Data includes processing that is: necessary for the performance of the contract between you and the Stacks Fitness studio with which you are member (for example, to register you as a member of one of our studios or to resolve billing or customer service inquiries related to your membership or products you have purchased); necessary to comply with legal requirements (for example, to comply with applicable accounting rules or to make mandatory disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you and to improve the website and our services); and, where legally required and we have no other valid legal basis to process Personal Data, we will use consent by our customers (for example, to provide you with marketing information or share information with third parties as described above), which may subsequently be withdrawn at any time (by contacting us as set out in the “Contact Us” section below) without affecting the lawfulness of processing based on consent before its withdrawal.

In some instances, you may be required to provide us with Personal Data for processing as described above, in order for us to be able to provide you all of our services, and for you to use all the features of our website.

International Transfers of Personal Data

Personal Data we collect will be transferred to Australia, the Philippines, and the United States. Also, our employees and some of the third-parties to whom we disclose Personal Data (as set out above) may be located in Australia, the United States, and other countries outside of the European Union or Switzerland, some of which may not provide the same level of data protection as your home country. We take appropriate steps to ensure that recipients of your Personal Data are bound to duties of confidentiality and we implement measures to ensure that any transferred Personal Data remains protected and secure.

Data Retention

We will only retain your Personal Data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we process your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Your Rights

You may be entitled, in accordance with applicable law, to object to or request the restriction of processing of your Personal Data, and to request access to, rectification, erasure and portability of your own Personal Data. Requests should be submitted by contacting us as set out in the “Contact Us” section below. We will only share your information with third parties for marketing purposes where you have given your consent to do so, and you can opt-out of such sharing at any time. You may need to separately opt-out of receiving marketing from the third party.

If you are aware of changes or inaccuracies in your information, you should inform us of such changes so that our records may be updated or corrected. You may lodge a complaint with a supervisory authority if you consider that our processing of your Personal Data violates applicable law.

Contact Us

For further information about our Privacy Policy or practices, or to exercise control over your personal information, or make a complaint, please contact us via info@meckafitness.com or contact your local studio. If you have questions about how your local studio visit https://stacksfitnesspgh.com/contact/

Consent to Post User Content

  • User Content Generally. We may ask you for your consent to post your content, including pictures and comments (“User Content“), for publication on our social platforms. If you consent to us posting User Content by responding to our request, these terms will apply to you. If you do consent to our request, you would still retain any copyright and other proprietary rights that you may hold in the User Content.
  • Limited License Grant to Stacks Fitness When you consent to allow us to post User Content, you grant us a worldwide, perpetual, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
  • User Content Representations and Warranties. We disclaim any and all liability in connection with User Content. You are solely responsible for your User Content. When you consent to us posting User Content, you affirm, represent, and warrant that:
    • you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and users to use and distribute your User Content as necessary to exercise the licenses granted by you; and
    • your User Content does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause us to violate any law or regulation.
  • User Content Disclaimer. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, we do not permit copyright-infringing activities.

Digital Millennium Copyright Act

DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted by us, you may contact our Designated Agent at the following address:

Stacks Fitness

ATTN: Legal Department (Copyright Notification)

2865 Railroad St. Suite 101, Pittsburgh, PA 15222

Email: info@meckafitness.com (Subject: Copyright Notification)

Any notice alleging that materials hosted by or distributed by us that infringe intellectual property rights must include the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of the material that you claim is infringing and where it is located on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.