Privacy Policy

This Privacy Policy discloses the privacy practices for the metricsgym.com Website and various related services (together referred to as the "Website"). Metrics Gym – North Carolina LLC, the provider of the Website (referred to as "Metrics Gym," "us," or "we"), is committed to protecting your privacy online. Please read the information below to learn the following regarding your use of this Website.

You acknowledge that this Privacy Policy is part of our General Terms and Conditions, and by accessing or using this Website, you agree to be bound by all its terms and conditions. If you do not agree to these terms, please do not access or use this Website.

1. Types of Information Collected

Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using this Website. To achieve that goal, we collect two types of information about our Subscribers and other visitors to this Website (collectively "Users"): Personally Identifiable Information and Non-personally Identifiable Information.

Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Website, such as registering as a Subscriber, ordering a product or service, submitting content or posting content in discussion forums or other public areas, filling out a survey, or sending us feedback, we may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. However, if you elect to engage in these activities, we may ask that you provide us personal information, such as your first and last name, age, sex, mailing address (including zip code), email address, employer, job title and department, telephone and facsimile numbers, and other personal identifying information. When ordering products or services on the Website, you may be asked to provide a credit card number. Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

Non-personally Identifiable Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on this Website in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Website's Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses for users to communicate on the Internet.

2. Collection Methods and Use of Information

We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you: (a) register as a Subscriber and register your email address with us; (b) sign up for special offers from selected third parties; (c) send email messages, submit forms, or transmit other information by telephone or letter; or (d) submit your credit card or other payment information when ordering and purchasing products and services on this Website. We may also collect information from you at other points on this Website that state that such information is being collected.

In addition, we may also collect certain Non-personally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. We use your IP address to diagnose problems with our servers and software, to administer this Website, and to gather demographic information.

We will primarily use your Personally Identifiable Information to provide our services to you, as required by our agreements with you. We will also use Personally Identifiable Information to enhance the operation of this Website, fill orders, improve our marketing and promotional efforts, statistically analyze Website use, improve our product and service offerings, and customize this Website's content, layout, and services. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems, and enforce our agreements with you, including without limitation our General Terms and Conditions and this Private Policy.

3. Release of Information

We do not sell, trade, or rent your Personally Identifiable Information to others. We may provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. We and our service partners use your Personally Identifiable Information to operate this Website and to deliver our services. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this Website and provide order information to third parties that help us provide customer service.

We will encourage our service partners to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners and is not subject to our control.

Occasionally law enforcement or judicial authorities may require us to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

4. Updating and Correcting Information

We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may change any of your Personally Identifiable Information in your account online at any time by linking to your account in accordance with instructions posted elsewhere on this Website. You may also access and correct your personal information and privacy preferences by writing us at:

Metrics Gym – North Carolina LLC
10603 New Town Road, Waxhaw NC 28173

Please include your name, address, and email address when you contact us.

We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this Website. In addition, it may be impossible to completely delete your information without some residual information because of backups.

5. User Choices on Collection and Use of Information

We may, from time to time, send you emails regarding our products and services. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our partners, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only Metrics Gym (or agents working on behalf of Metrics Gym and under confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such mail, simply tell us when you give us your personal information. Or, at any time you can easily edit your account information to no longer receive such offers and mailings.

You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of this Website may not work properly in your case.

6. Security of Information

At this Website you can be assured that your Personally Identifiable Information is secure, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our Users is of utmost concern to us. Your Personally Identifiable Information is protected in several ways. Access by you to your Personally Identifiable Information is available through a password and unique customer ID selected by you. This password is encrypted. We recommend that you do not divulge your password to anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected Metrics Gym personnel and contractors have access to via password. We encrypt your Personally Identifiable Information and thereby prevent unauthorized parties from viewing such information when it is transmitted to us.

Personal information that you provide that is not Personally Identifiable Information also resides on a secure server and is only accessible via password. Since this information is not accessible from outside Metrics Gym you will not be asked to select a password in order to view or modify such information.

To most efficiently serve you, credit card transactions and order fulfillment are handled by established third-party banking, processing agents, and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process your subscription order.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity, and privacy of any information and data exchanged between you and us through this Website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

7. Cookies

When you use this Website, we will store cookies on your computer in order to facilitate and customize your use of this Website. A cookie is a small data text file, which a website stores on your computer's hard drive (if your web browser permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to this Website. The cookies make your use of the Website easier, make the Website run more smoothly and help us to maintain a secure Website. You are always free to decline our cookies if your browser permits, but some parts of this Website may not work properly in that case.

8. Privacy Policies of Third-Party Websites

Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. Other websites accessible through this Website have their own privacy policies and data collection, use, and disclosure practices. Please consult each website's privacy policy. We are not responsible for the policies or practices of third parties.

9. Updates to Policy

We reserve the right to change this Privacy Policy at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to sending an email to the email address listed by Subscribers or posting the revised Policy on this page. Subscribers acknowledge and agree that it is their responsibility to maintain a valid email address as a Subscriber, review this Website and this Policy periodically and to be aware of any modifications. All other Visitors are responsible for reading this Policy each time they visit the Website. Your continued use of the Website after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy.

10. Miscellaneous Privacy Issues

This Website and our services are not intended for use by children. You must be at least 18 years old to have our permission to use this Website. Our policy is that we do not knowingly collect, use, or disclose Personally Identifiable Information about Users that are under 18 years of age.

You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, email address, etc.) in the discussion forums or other public areas on this Website, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to chat rooms or other public areas on this Website are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for maintaining the secrecy of your password and account information. Please be careful and responsible whenever you are online.

If you have any questions about this Privacy Policy, the practices of this Website, or your dealings with this Website, please contact us by sending a letter to:

Metrics Gym – North Carolina LLC
Attn: Privacy Compliance Officer
10603 New Town Road, Waxhaw NC 28173

You may also contact us by email at hello@metricsgym.com.

11. Notice of Compliance to California Residents

California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act ("California Act") and the California Business and Professions Code. As required by the California Act, this Privacy Policy identifies the categories of personally identifiable information that we collect through our Website about individual consumers who use or visit our Website and the categories of third-party persons or entities with whom such personally identifiable information may be shared.

Depending on the User's activity at our Website, certain "personally identifiable information" (as that term is defined in the California Act) may be collected, in addition to information set forth in other sections of this document. For purposes of the California Act, the term "personally identifiable information" means individually identifiable information about an individual consumer collected online by us from an individual and maintained by us in an accessible form, and may include any of the following:

1. A first and last name;
2. A home or other physical address, including street name and name of a city or town;
3. An email address;
4. A telephone number;
5. A social security number;
6. Any other identifier that permits the physical or online contacting of a specific individual;
7. Information concerning a user that the Website collects online from the user, and maintains in personally identifiable form, in combination with an identifier described within this Privacy Policy.

See Section 4 above entitled "Updating and Correcting Information" for a description of the process maintained by the Company for an individual consumer who uses or visits our Website to review and request changes to any of his or her personally identifiable information that is collected through our Website.

See Section 9 above entitled "Updates to Policy" for a description of the process by which the Company notifies consumers who use or visit our Website of material changes to the Company's privacy policy.

12. California Shine the Light Law (SB 27) Compliance Statement

Under California S.B. 27 ("Shine the Light" Law), California residents have the right under certain circumstances to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to hello@metricsgym.com and please include the phrase "California Privacy Request" in the subject line, the domain name of the Website you are inquiring about, along with your name, address and email address. We will respond to you within thirty days of receiving such a request.