Privacy Policy - MAR Health & Performance

Privacy Policy

Effective Date: July 15, 2019


MAR Health and Performance, LLC (“MAR”) respects your privacy and uses your personal data to fulfill and provide member services. This Privacy Policy (“Privacy Policy”) describes the privacy practices of MAR, the types of personal data we collect from our members, how we use this personal data and with whom we share it.

By using the downloadable MAR-branded FitMetrix and MindBody mobile apps and visiting (collectively, “Digital App”), you are acknowledging that you have read, understood and agreed to the terms and conditions of this Privacy Policy and expressly consent to our collection, use and disclosure of your personal information, as described in this Privacy Policy.

Collected Information:

We may collect personal data from you when you access and visit the MAR facility and/or the Digital App. The personal data you provide directly to us through your interactions with MAR and the Digital App will typically be apparent from the context in which you provide that information. MAR may also automatically collect certain personal data and information from you while you are interacting with MAR and Digital App. In particular, we may collect information in connection with:

Contact Information: We collect your name and other contact information, such as e-mail address, mobile or other phone number, mailing address and postal code when you fill out a contact form, inquire about our business and membership, register to use the MAR facility as a guest or with a trial membership, sign up for our mailing lists, attend a MAR event or enter any contest we may offer.

Communications and Surveys: We will also collect any information you provide to us in your communications with us, including through emails you send us, exchanges with personnel at MAR and through social media. On occasion, we will ask members and other individuals to provide feedback by completing a survey, and we will collect any information you choose to provide in completing a survey.

Membership and Facility Usage Information: If you are a member, we will collect information about how you use and visit MAR and the Digital App, including the times you check in to the gym, classes you book, cancel or add to your schedule, session notes collected by MAR personnel, and information when you purchase or schedule personal training sessions and/or services, as follows:


Demographic and Fitness Information:

We will collect demographic information, including your date of birth, age, gender identity when you join or visit MAR. Additionally, as a MAR member we may collect certain personal data that you provide regarding your fitness, health and nutrition status and goals, including height, weight, measurements, body fat, performance metrics, current and past injuries and surgeries.  During the course of your membership such as when you complete a MAR fit assessment or participate in personal training or other services, MAR may also gather information about you that is developed by our personnel, such as training session logs and notes taken by personal trainers and other MAR staff. As a member, we may also collect your photograph, video footage and certain biometric data for identification and authentication purposes.


Member Registration: 

If you are a member and establish an account on the Digital App we will collect your username, password, and membership credentials, as well as any other information you provide in connection with your Digital App account.


Transaction Information:

Information related to your purchase(s) of goods and services from MAR, such as your credit/debit card information, billing address, the goods and services purchased, and other related transaction information will be collected.


Social Media and Third-Party Apps: 

If you link your social media profiles and accounts to the Digital App, or otherwise interact with MAR through social media networks (e.g., by clicking a Instagram “like” button) or “check in” to the gym through social media, information may be made available to, and collected by MAR through those social media profiles and accounts. In addition, if you elect to connect any third-party fitness devices or apps to the Digital App in order to utilize certain features and functionalities, we may collect information about you from such third-party apps.


Usage Information:

We may automatically collect certain information about how you use and interact with the Digital App and MAR facilities, such as the time and duration of your visit, features and content you access, and frequency of Digital App usage.



We use your personal data to provide you with the services and information you request, administer your membership and respond to your questions, and to meet our other business reporting and needs.


Membership Administration:

We process your personal data as necessary to perform our contractual relationship with you as a member and in connection with our services such as personal training and group classes.  This includes providing you with administrative and operational communications, announcements and information such as changes to gym hours, class schedules, cancellations, billing notifications and session reminders. We reserve the right to use any contact information held on file to communicate with you in administering your membership.

Promotional and Marketing Communications: We use your personal data to provide special offers, promotions and information about MAR and our service offerings to you. We may also use your personal data to determine if you are eligible for certain offers.  We may also send you newsletters and information about products, services and promotions that we think you may find interesting.

Where required by applicable law, we will obtain your consent to send you marketing communications. If you do not wish to receive any marketing emails, you can opt out of future mailings by clicking on the unsubscribe link located on the bottom of the relevant email. If you are a member and have established an account on the Digital App, you can also unsubscribe at any time by logging in and adjusting your communications preferences. If you are a member, please note that even if you opt-out of receiving promotional emails, you will continue to receive administrative and operational communications regarding your membership, such as notices regarding billing or facility information, as described above.

Personalized Experience: If you are a member, we may use your personal data to deliver a more relevant fitness and health experience to you, including recommendations for services or content we think you will enjoy. As part of our effort to provide a personalized experience, we may combine personal data collected through the Digital App with other information that we have collected from you in the course of your relationship with MAR.

Business Purposes: We use personal data for our legitimate business purposes, including: to operate, evaluate and improve our business and services; develop new services and classes; perform market research; advertise and market our business, services and classes; determine the effective ness of our advertising and marketing; analyze our businesses, services, clases and Digital App; and improve our security administration of the Digital App. This may include aggregating information regarding you across our entire member base or part of our member base.

We may also use your personal data to protect MAR against and prevent fraud, claims, and other liabilities and to comply with or enforce applicable legal requirements, industry standards, and our terms and conditions. We use personal data for these purposes when it is necessary to protect, exercise or defend our legal rights, or when we are required to do so by a law that applies to us.



Except as described in this Privacy Policy or in other situations where we have otherwise provided you with prior notice,  MAR does not sell, rent or otherwise share your name, e-mail address, or any other identifiable personal data to third parties. We may, however, share your personal data for the following reasons and with the following persons:


Service Providers:

We may share personal data with individuals who perform services or functions on our behalf, including providers who help MAR maintain the Digital App, send postal mail and e-mail, manage and update member lists and records, analyze data, provide marketing assistance and facilitate customer service. We take steps to ensure that all service providers access and use your personal data only to perform their functions, but may not use it for other purposes.


Social Media and Third Party Apps: 

We may share information with social networks when you interact with the Digital App (as described above) or connect your social media accounts to the DigitalApp. If you elect to connect Third Party Apps to the Digital App, your information may also be shared with these third parties. Please see below for more information on this, as we do not control these third parties or their privacy practices.


Compliance and Protection: 

We may disclose your personal data as required or permitted by law or legal process, including to respond to a court order or a request from a governmental or law enforcement agency; in connection with an investigation of suspected or actual fraudulent or illegal activity; to enforce or apply our membership agreement, terms of use or other agreements we may have with you; and where we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or otherwise protect the rights, property, or safety of MAR, our members or employees, or others.


Company Transactions: 

In the event of a reorganization, merger, sale, dissolution or liquidation of MAR, we may transfer any and all personal data we have to the relevant third party in connection with any sale or transfer of MAR, including in connection with a merger, reorganization, dissolution or liquidation.


Aggregated Information: 

We may also share aggregated statistical data with our business partners and prospective business partners that includes your demographic or other information such as how you interact with MAR but does not identify you. We reserve the right to provide any and all such aggregated and un-identified data to third parties.



In certain instances, the Digital App may allow you to elect to communicate with MAR by using text message, including in connection with scheduling a class or service. By electing to receive text messages, you are expressly consenting to receiving text messages made using an automatic telephone dialing system from MAR or its service providers, and you also understand and agree that data rates and charges may apply and that you are solely responsible for all associated costs assessed by your telecommunication carrier or provider. Providing this consent is not a condition of becoming a member of MAR or receiving any goods or services from MAR.

You may opt out from receiving text message at any time by either replying STOP or END to a text you have from MAR at any time. Please note that you may receive a confirmation text acknowledging you have unsubscribed.



We collect certain information by automated means when you use our Digital App, through various means such as cookies. We use cookies to tell us whether you have visited us before or if you are a new visitor. Cookies may also enhance your online experience by saving your preferences while you are visiting a particular site. You have the right to accept or reject Cookies. You can exercise your Cookie preferences by activating the setting on your web browser that allows you to refuse the setting of all or some Cookies. However, if you use your browser settings to block all Cookies, including Essential Cookies, you may not be able to access or use all or parts of our Digital App. If you have not adjusted your browser setting to refuse cookies, our system will issue Cookies as soon as you visit our Digital App. Blocking or deleting Cookies will not prevent device identification and related data collection from occurring when you access our Digital App.



MAR maintains technical and organizational safeguards to ensure an appropriate level of security and confidentiality for your personal data, in accordance with our policies and any applicable laws. We keep your personal data for the time period necessary to achieve the purposes outlined in this Privacy Policy, taking into account any record retention requirements under any applicable laws.

Age Specific Policy:

MAR offers membership to individuals who are at least eighteen (18) years of age. However, teenagers that are at least thirteen (13) years of age may become members with the written consent of their parent or legal guardian. Similarly, the Digital App is intended for use by adults, and you must be at least eighteen (18) years of age or, for teenagers ages thirteen (13) and older, have parental consent, to provide personal data to MAR.

The Children’s Online Privacy Protection Act of 1998 and its rules requires us to inform parents and legal guardians about our practices for collecting, using, and disclosing personal information from children under the age of thirteen (13). The Digital App is not intended for children under the age of thirteen (13), and we do not knowingly collect or store any personal data from children under the age of thirteen (13). Parents and legal guardians may choose to provide information about their children, even if under the age of thirteen (13), for the purposes of using our services.



The Digital App may contain links to or otherwise enable you to connect with other sites, social media platforms or apps such as Facebook, Instagram, twitter, YouTube and Apple (collectively “Third-Party Sites”). We do not control Third-Party Sites and are not responsible for the privacy practices, contents or nature of any Third-Party Site. If you choose to use any Third-Party Site, any personal data collected by such site or app will be controlled by the privacy policy of that third party. We strongly encourage you to read the privacy polices of Third-Party Sites, as their practices may differ from ours.


We may periodically update this Privacy Policy to reflect change in our privacy practices, the Digital App and applicable law. We will make any changes to this Privacy Policy by posting the revised policy to this page, and such changes will be effective from the date specified at the top of this Privacy Policy. Your continued use of the Digital App constitutes your acceptance of any changes and agreement to be bound by the modified Privacy Policy.



If you have questions regarding our Privacy Policy, please contact us at