privacy policy

Last modified: 30.08.2023

01 data protection

The data protection declaration describes how and for what purpose we collect, process and use personal data. The responsible handling of customer data is important to us. The following data protection declaration applies to the use of our website and the services offered on it.
You will find out in this data protection declaration, among other things:
- what personal data we collect and process;
- the purposes for which we use your personal data;
- what benefits our data processing has for you;
- how long we process your personal data
- what rights you have in relation to your personal data; and
- How you can contact us.
The collection and processing of your personal data is carried out in compliance with the applicable data protection laws and requirements. In all other respects, Town Sports AG disclaims all liability in connection with the use of this website, to the extent permitted.

02 responsible person

The responsible person in the sense of the Swiss Data Protection Act (DSG) is:
Town Sports AG
Luisenstrasse 18,
8005 Zurich,
Tel. 044 201 00 40,
info@nysc.ch

03 collection and processing of personal data

3.1 Visiting the website
When you visit our website, we automatically collect information about the access (e.g. date and time, pages viewed, type of web browser, operating system, etc.). This data is collected automatically and is used exclusively for statistical purposes or to improve our website. We cannot assign this data to a specific person.
We require this data and information in order to present our website properly, to improve its content, to ensure the long-term functionality of our IT infrastructure and the technical aspects of the website, and to provide relevant information to law enforcement authorities in the event of a cyber attack. The collected data will be deleted afterwards.


3.2 Links to other websites
This website may contain links to websites of other providers. Town Sports AG has no influence on these websites, their contents, offers or availability or the data protection declarations and regulations applicable there. It therefore declines any liability as far as permissible.


3.3 Cookies and other services
We also use cookies on the website. Cookies are small text files with a so-called cookie ID, a unique identifier of the cookie, which assigns web pages and servers to a specific Internet browser. A specific Internet browser can be recognized and identified via this unique cookie ID. In accordance with Art. 45c lit. b FMG, we would like to point out that you have the option of preventing the setting of cookies in your browser, for which you can consult the respective instructions of the browser provider.
Further information on the cookies used can be found at the end of this privacy policy.


3.4 Social media / social networks
On this website, buttons ("social media plugins") may be placed that establish contact with the servers of social networks (Facebook, Twitter, Instagram, etc.). By clicking on one of these buttons, you give your consent for necessary data such as IP address, website visit, etc. to be transmitted to the respective operator of the social network. The processing of your personal data is then the responsibility of this operator in accordance with its data protection provisions. We do not receive any information about you from him.


3.5 Newsletter
Through our website, you have the option to subscribe to our newsletter. Data that you provide to the fitness center, in particular your e-mail address and name, may be used for the regular dispatch of our newsletter. The dispatch takes place either directly via Town Sports AG or via a commissioned company. You can unsubscribe from the newsletter at any time (in each case via the link in the newsletter). You can also inform us of this by e-mail or via the contact details provided in the imprint. The personal data will remain with our fitness center and, if necessary, with the company commissioned to send the newsletter, as long as you have subscribed to the newsletter. You can revoke your consent to the storage of your personal data and its use for the newsletter dispatch at any time with effect for the future. You will find a link to this effect in every newsletter.


3.6 Contacting
The website of our fitness center contains certain information that enables a quick electronic contact as well as direct communication, which also includes a general e-mail address. If you contact us via the communication options offered on our website, your contact details and content will only be used to process and respond to your request.
If you contact us via the contact form, by e-mail or in any other way, we store and process the personal data you provide (e.g. name, e-mail address, telephone number) for the purpose of processing your request and for any follow-up questions.


3.7 Fitness center membership
If you sign up for a membership in one of our fitness centers, we collect and process your personal data (e.g. name, address, date of birth, contact details, payment information) for the purpose of processing the contract, conducting courses and training sessions, and for administrative purposes.


3.8 Video surveillance
For the safety of our customers and the prevention of crime, video surveillance systems may be used on our premises. The recordings made in this process are used exclusively for security purposes and are deleted after a reasonable period of time, unless they are needed as evidence for any incidents.

04 purposes of data processing

We use personal data that we have received or collected primarily to process contracts with customers and business partners in fitness centers. In addition, we process this data for purposes such as further development of our offerings, communication with third parties, advertising and marketing, security of our facilities, and business transactions. We also process personal data to comply with legal obligations and prevent breaches. If you serve in such a capacity, your personal data may also be affected. 

05 disclosure of data to third parties

FITWORX is the new guest center network of independent training centers certified by Fitnessguide. As a member of our centers, you can train at all partner centers throughout Switzerland thanks to FITWORX.
Personal data is only transferred to third parties if this is necessary to fulfill our contractual obligations or if we are required to do so by law. As a rule, these service providers process personal data on our behalf as so-called "order processors". Our order processors are obliged to process personal data exclusively in accordance with our instructions and to take appropriate data security measures. Certain service providers are also jointly responsible with us or independently (e.g. debt collection companies). We ensure through the selection of service providers and through appropriate contractual agreements that data protection is guaranteed throughout the processing of your personal data.
This involves, for example, services in the following areas:
- Forwarding and logistics, e.g. for the shipment of ordered goods;
- Advertising and marketing services, e.g. for sending newsletters;
- Business administration, e.g. accounting;
- Payment services;
- Credit rating information, e.g., if you want to perform services on account;
- Collection services;
- IT services, e.g. hosting, cloud services, sending email;
- Consulting services, e.g. tax consultants, lawyers.

06 data security

We take appropriate technical and organizational security measures to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access. Our security measures are regularly reviewed and adapted to technological progress.

07 your rights

You have the right to receive information about the data we have stored about you. In addition, you have the right to correct incorrect data, blocking and deletion of your personal data, provided that there are no legal obligations to retain data.To assert your rights, please contact us. We will be happy to provide you with further information in this regard.

08 Cookies and Tracking

This cookie information describes how and for what purpose we collect, process and use personal and other data when using our websites - in particular in connection with cookies and similar technologies. What are cookies and similar technologies?Cookies are files that your browser automatically stores on your terminal device when you visit our websites. Cookies contain a unique identification number (an ID) that allows us to distinguish individual visitors from others, but usually without identifying them. Depending on the intended use, cookies may contain additional information, e.g. about pages viewed and the duration of the visit to a page. We use both session cookies, which are deleted when the browser is closed, and persistent cookies, which remain stored for a certain period of time after the browser is closed (usually between a few days and two years) and are used to recognize visitors on subsequent visits.We may also use similar technologies such as pixel tags, fingerprints and other technologies to store data in the browser. Pixel tags are small, usually invisible images or program code that are loaded from a server and thereby transmit certain information to the server operator, e.g. whether and when a website was visited. Fingerprints are information that is collected when you visit a website via the configuration of your terminal device or your browser, and which make your terminal device distinguishable from other devices. Most browsers also support other technologies for storing data in the browser, similar to cookies, which we may also use (e.g., "web storage").How can cookies and similar technologies be deactivated?In some cases, when you call up our websites, you have the option of activating or deactivating certain categories of cookies via a button displayed in the browser. Furthermore, you can configure your browser in the settings so that it blocks certain cookies or similar technologies or deletes existing cookies and other data stored in the browser. You can also enhance your browser with software (so-called "plug-ins") that blocks tracking by certain third parties. You can find out more about this in the help pages of your browser (usually under the heading "Privacy"). Please note that our websites may not function fully if you block cookies and similar technologies.Necessary cookies: Necessary cookies are required so that a website and its functions can be used. These cookies ensure, for example, that you can switch between pages without losing the information entered in a form or the products placed in a shopping cart.Performance cookies: Performance cookies collect information about how a website is used and allow us to perform analytics, such as which pages are most popular and how visitors* move around a website. These cookies are used to simplify and speed up the visit to the website and generally improve the user experience.Functional cookies: Functional cookies allow us to provide advanced functionality and display personalized content. These cookies allow us, for example, to save information you have already provided (e.g. language selection) or to show you products that you might also like based on articles you have viewed.Marketing cookies: Marketing cookies help us and our advertising partners to target you on our websites and on websites of third parties with advertisements for products or services that might be of interest to you, or to display our advertisements during your further internet use after visiting our websites.


Webflow

We use Webflow, a website construction system, for our website. The service provider is the American company Webflow, Inc. 398 11th St., Floor 2, San Francisco, CA 94103, USA.Webflow also processes data from you in the USA, among other places. We would like to point out that according to the opinion of the European Court of Justice, there is currently no adequate level of protection for the transfer of data to the USA. This may be associated with various risks to the legality and security of data processing.
As a basis for data processing with recipients located in third countries (outside the European Union, Iceland, Liechtenstein, Norway, i.e. especially in the USA) or a data transfer there, Webflow uses so-called standard contractual clauses (= Art. 46. para. 2 and 3 DSGVO). Standard Contractual Clauses (SCC) are templates provided by the EU Commission and are intended to ensure that your data comply with European data protection standards even if they are transferred to third countries (such as the USA) and stored there. Through these clauses, Webflow undertakes to comply with the European level of data protection when processing your relevant data, even if the data is stored, processed and managed in the USA. These clauses are based on an implementing decision of the EU Commission. You can find the decision and the corresponding standard contractual clauses here, among other places: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj?2locale=de
For more information on the standard contractual clauses and on the data processed through the use of Webflow, please see the Privacy Policy at https:/webflow.com/legal/privacy.


Google Analytics

Two of the main third-party providers are Google and Facebook. You can find more information about them below. Other third parties generally process personal and other data in similar ways.
We use Google Analytics, an analytics service provided by Google. Google uses cookies and similar technologies to collect certain information about the behavior of individual users on or in the relevant website and the device used for this purpose (tablet, PC, smartphone, etc.) (e.g. how often you have opened our website, how many purchases have been made or what your interests are, as well as data about your device used, such as the operating system). You can find more information about this under this link.
We have configured the service in such a way that the IP addresses of visitors to Google's websites within Europe are shortened before being forwarded to the USA, so that they cannot be traced. Google provides us with reports and in this sense can be considered our order processor. However, Google also processes certain data for its own purposes. Under certain circumstances, Google can draw conclusions about the identity of visitors to the websites based on the data collected and therefore create personal profiles and link the data obtained with any existing Google accounts of these persons. Information on the data protection of Google Analytics can be found here:
https://www.blog.google/topics/google-europe/gdpr-europe-data-protection-rules/


Google Maps

This website uses the services of Google Maps. This allows us to display interactive maps directly on the website and enable you to use the map function conveniently. By visiting the website, Google receives the information that you have called up the corresponding sub-page of our website. This happens regardless of whether Google provides a user account through which you are logged in or whether there is no user account. If you are logged in to Google, your data will be directly assigned to your account. If you do not want the assignment to your profile at Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for the purposes of advertising, market research and/or demand-oriented design of its website. Such an evaluation is carried out in particular (also for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, whereby you must contact Google to exercise this right. For more information on the purpose and scope of data collection and processing by Google, as well as further information on your rights in this regard and settings options for protecting your privacy, please visit: https://www.google.de/intl/de/policies/privacy.


Google Ads

This website uses Google Conversion Tracking. If you have reached our website via an ad placed by Google, Google Ads will set a cookie on your computer. The conversion tracking cookie is set when a user clicks on an ad placed by Google. These cookies expire after 30 days and are not used for personal identification. If the user visits certain pages of our website and the cookie has not yet expired, we and Google can recognize that the user clicked on the ad and was redirected to this page. Each Google Ads customer receives a different cookie. Cookies therefore cannot be tracked across Ads customers' websites. The information obtained using the conversion cookie is used to generate conversion statistics for Ads customers who have opted in to conversion tracking. Clients will learn the total number of users who clicked on their ad and were redirected to a page tagged with a conversion tracking tag. However, they do not receive information that can be used to personally identify users.
If you do not wish to participate in tracking, you can refuse the setting of a cookie required for this purpose - for example, by selecting a browser setting that generally disables the automatic setting of cookies, or by setting your browser to block cookies from the domain "googleleadservices.com".
Please note that you must not delete the opt-out cookies as long as you do not want measurement data to be collected. If you have deleted all your cookies in the browser, you must set the respective opt-out cookie again.


Google Remarketing

This website uses the remarketing function of Google Inc. The function is used to present website visitors with interest-based advertising within the Google advertising network. A so-called "cookie" is stored in the browser of the website visitor, which makes it possible to recognize the visitor when he visits websites that belong to the Google advertising network. On these websites, the visitor can be shown advertising that relates to content that the visitor has previously accessed on websites that use Google's remarketing function.
According to its own information, Google does not collect any personal data during this process. However, if you do not wish to use Google's remarketing function, you can deactivate it in principle by making the appropriate settings at http://www.google.com/settings/ads. Alternatively, you can disable the use of cookies for interest-based advertising via the advertising network initiative by following the instructions at http://www.networkadvertising.org/managing/opt_out.asp.


Google reCAPTCHA

This website uses the reCAPTCHA service provided by Google Ireland Limited (Gordon House, Barrow Street Dublin 4, Ireland "Google"). The query is used to distinguish whether the input is made by a human or by automated, machine processing. The query includes the transmission of the IP address and possibly other data required by Google for the reCAPTCHA service to Google. For this purpose, your input is transmitted to Google and used there. However, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of this service. The IP address transmitted by your browser as part of reCaptcha will not be merged with other data from Google. Your data may also be transferred to the USA in the process. For data transfers to the USA, there is an adequacy decision of the European Commission, the "Privacy Shield". Google participates in the "Privacy Shield" and has submitted to the requirements. By pressing the query, you consent to the processing of your data. The processing is based on Art. 6 (1) lit. a DSGVO with your consent. You can revoke your consent at any time without affecting the lawfulness of the processing carried out on the basis of the consent until revocation.
For more information on Google reCAPTCHA and the associated data protection provisions, please visit: https://policies.google.com/privacy?hl=de


Google TagManager

The Google Tag Manager is a solution with which we can manage so-called website tags via an interface and thus integrate, for example, Google Analytics and other Google marketing services into our online offering. The Tag Manager itself, which implements the tags, does not process any personal data of the users. With regard to the processing of users' personal data, we refer to the following information on Google services. Usage guidelines: https://www.google.com/intl/de/tagmanager/use-policy.html.


Facebook

This website uses functions of Facebook Inc, 1601 S. California Ave, Palo Alto, CA 94304, USA . When you call up our pages with Facebook plugins, a connection is established between your browser and the Facebook servers. In the process, data is already transmitted to Facebook. If you have a Facebook account, this data can be linked to it. If you do not want this data to be linked to your Facebook account, please log out of Facebook before visiting our site. Interactions, in particular the use of a comment function or clicking a "Like" or "Share" button, are also forwarded to Facebook. You can find out more about this at https://de-de.facebook.com/about/privacy.Furthermore, our websites may use the so-called "Facebook pixel" and similar technologies from Facebook. We use these technologies to display the Facebook ads placed by us only to users on Facebook and partners who have shown an interest in us, which we transmit to Facebook for this purpose (preferences). We can use this to track the effectiveness of the Facebook ads. Further details can be found here:
https://de-de.facebook.com/legal/terms/customaudienceWe have concluded a corresponding supplementary agreement with Facebook. Users* can therefore address requests for information and other data subject inquiries in connection with shared responsibility directly to Facebook.


Instagram

On our website, functions of the service Instagram are integrated. These functions are offered by Instagram Inc, 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account, you can link the content of our pages on your Instagram profile by clicking the Instagram button. This allows Instagram to associate the visit to our pages with your user account. We would like to point out that we, as the provider of the pages, have no knowledge of the content of the transmitted data or its use by Instagram. For more information, please see the privacy policy of Instagram: http://instagram.com/about/legal/privacy/Send newsletter - Mailchimp
The newsletter is sent via the dispatch service provider 'MailChimp', a newsletter dispatch platform of the US provider Rocket Science Group, LLC, 675 Ponce De Leon Ave NE #5000, Atlanta, GA 30308, USA. You can view the privacy policy of the shipping service provider here. Rocket Science Group LLC d/b/a MailChimp is certified under the Privacy Shield agreement and thus offers a guarantee of compliance with the European level of data protection (PrivacyShield). The use of the shipping service provider is based on our legitimate interests pursuant to Art. 6 para. 1 lit. f DSGVO and an order processing agreement pursuant to Art. 28 para. 3 P. 1 DSGVO.
The dispatch service provider may use the data of the recipients in pseudonymous form, i.e. without assignment to a user, to optimize or improve its own services, e.g. for technical optimization of the dispatch and presentation of the newsletter or for statistical purposes. However, the dispatch service provider does not use the data of our newsletter recipients to write to them itself or to pass them on to third parties.

YouTube

On this website, functions of the service "YouTube" are integrated. "YouTube" is owned by Google Ireland Limited, a company incorporated and operated under the laws of Ireland, with its registered office at Gordon House, Barrow Street, Dublin 4, Ireland, which operates the services in the European Economic Area and Switzerland.
Your legal agreement with "YouTube" consists of the Terms, which can be found at the following link: https://www.youtube.com/static?gl=de&template=terms&hl=de. These Terms constitute a legally binding agreement between you and "YouTube" regarding your use of the Services. Google's Privacy Policy explains how "YouTube" treats and protects your personal information when you use the Service.

09 changes 

This privacy policy may be amended at any time without prior notice. The current version published on our website shall apply. As far as the privacy policy is part of a contract with you, we will inform you in case of an update about the change by e-mail or other suitable way.10. disclaimer
The author does not guarantee the correctness, accuracy, timeliness, reliability and completeness of the information.
Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected.All offers are subject to change. The author expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice, or to cease publication temporarily or permanently.