LAST UPDATED — 7/26/2022
This Policy applies to information we collect for us and on behalf of our clients:
This Policy does NOT apply to information you provide to or that is collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website or Mobile Application.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website and Mobile Application, including:
1. Personal Information. This includes, but is not limited to, information that we use to identify you, such as your name, address, email address, and telephone number.
“Personal Information” refers to any information relating to an identified or identifiable individual who is the subject of the information. For example, when you register with the Services, contact us via the Services, or sign up for our mailing list, you provide us with certain Personal Information, which may include your name, your email address, your telephone number, your address, and any other personal or preference information that you provide to us.
2. Non-Personal Information. This includes, but is not limited to, user behavior on our Services and aggregated generic information. This is information that is about you but individually does not identify you.
3. Usage information. This includes, but is not limited to, information about your device including IP address, browser type and version, time zone setting, page interaction information collected through cookies and other tracking technologies.
We collect this information:
1. Directly from you when you provide it to us. We collect information that you provide to us, including but not limited to, information you provide by filling in forms on our Services, such as information provided at the time of registering to use our Website or Mobile Application, posting material on the Website or Mobile Application, or requesting further services on the Website or Mobile Application. We may also ask for this information when you report a problem with our Services or exercise your privacy rights and choices (see “Your Privacy Rights and Choices”).
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any Personal Information, for several reasons:
Disclosure of Your Information
We may also disclose your Personal Information:
We will retain your Personal Information for as long as necessary to fulfil the purposes for which we collected it, including the purposes of satisfying any legal, accounting, or reporting requirements.
Your Privacy Rights and Choices
We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. Please consult the relevant third party’s policies for further information.
Certain data protection laws may provide you with more privacy rights than those listed above, depending on your citizenship or residency.
Additional Privacy Rights for Individuals in California
There are certain laws which provide individuals with additional privacy rights. This section is our Privacy Notice for California Residents (“Notice”) and applies to visitors, users, and others who reside in the State of California (“consumers,” or “you/your”) and use our Services, as contemplated under the California Consumer Privacy Act of 2018 (“CCPA”).
If you wish to exercise your rights under the CCPA, please contact us using any of the methods provided in the “Contact Us” section below. We will consider and process your request within a reasonable period of time. Please be aware that under certain circumstances, the CCPA may limit your exercise of these rights.
We collect different types of information from users, and we use and/or disclose this information for different business purposes. The chart below identifies the Personal Information we may collect and lists the parties with whom we may share this information and for what business purpose:
|Category of Personal Information||Specific Personal Information that may be collected||Purpose of collecting the Personal Information||Categories of sources from which the personal information is collected||Is this category of Personal Information shared with third parties?||Categories of third parties with which the Personal Information may be shared||Purpose of disclosing or sharing Personal Information|
|Identifiers||Name, mailing address, email address, and telephone number; IP address; account information||To uniquely identify an individual in support of business activities||From you||Yes||Service Providers||Business processes|
|Commercial information.||Contact information, transaction/order history||To support business transactions||Your transactions with us||Yes||Service Providers (payment processor, shipping companies)||Business processes|
|Internet or other similar network activity.||IP address; browser type and version; Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||To allow access to and optimize our website or mobile application||From you and third-party technologies||No (but we may share aggregated statistical or demographic data with our service providers)||Service Providers||Improve Website or Mobile Application functionality, services|
|Geolocation data.||Unique identifiers and your location||Personalization||From you and your devices||Yes||Service Providers to help us locate your products||Business processes|
|Wellness related information.||Information regarding your overall health and wellness.||Personalization and to provide services.||From you with your consent||Yes, with your consent, and we may share aggregated statistical or demographic data with our service providers or clients||Service provides and at times clients||Business processes|
|Inferences drawn from other Personal Information.||Your product or service preferences based on responses to our own or our third party’s marketing or promotions, which may include location information||Personalization||From you and external data sources||In limited circumstances||Marketing partners||Marketing|
Use of Personal Information
We do not sell your Personal Information. We may use or disclose the Personal Information we collect for one or more of the purposes listed in the chart above.
We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
Your Rights and Choices
The CCPA provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see “Exercising Your Rights” section), we will disclose to you:
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see “Exercising Your Rights” section), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. Please be aware that under certain circumstances, the CCPA may limit your exercise of these rights.
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Calling us at:
Emailing us at [email protected]
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Please be aware that under certain circumstances, the CCPA may limit your exercise of these rights.
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.
It is our policy to post any changes we make to this Policy on this page. If we make material changes to how we treat our users’ Personal Information, we will notify you by the email address specified in your account and/or through a notice on the Website. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting this Policy to check for any changes.
To ask questions or comment about this Policy and our privacy practices, contact us at:
Avera McKennan Fitness Center
3400 S. Southeastern Ave.
Sioux Falls, SD 57103
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Avera McKennan Fitness Center - 3400 S. Southeastern Ave. - Sioux Falls, South Dakota - 57103 - 605-322-5300
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