Last Updated: March 31, 2024

The Bay Clubs Company, LLC (“The Bay Club”, “we”, or “us”) has prepared this privacy policy (“Privacy Policy”) to inform you of how we gather and use the Personal Information of visitors of our websites and mobile applications (collectively, “Sites”), anyone who applies for a job with us, and any member or guest utilizing our clubs or amenities (collectively, “Services”). “Personal Information” means information that uniquely identifies, relates to, describes, or is reasonably capable of being associated with or linked to an individual. By using our Services, you expressly consent to the use and disclosure of information as described in this Privacy Policy.
If you would like to receive a copy of this Section in an alternate format (e.g., printable) or language, please contact us using the information provided below.

1. Personal Information We Collect

The types of Personal Information we collect may include:

• Identifiers, such as your full name, email address, mailing address, telephone number or credit card number, and if you are a guest or become a member, a photo identification.
• Protected class and demographic information, such as age, sex, gender, disability, marital status, veteran status, race, and ethnicity.
• Commercial information, such as information about purchases or quotes, information about membership or our Services you have shown interest in, and other commercial information.
• Device information, consisting of information from devices you connect to or use with our Sites, including your mobile device, connected devices, and wired and wireless sensors. The information we receive from these devices may include IP address and similar unique device identifiers.
• Internet or other electronic network activity information, such as browsing history, search history, device and browser information, and information about your interactions with and use of our Sites.
• Geolocation data, such as from devices you connect to or use with our Sites, including your mobile device, connected devices, and wired and wireless sensors, such as through the use of geolocation features in the devices, or by inference from other information we collect (for example, your IP address may indicate the general geographic region from which you are connecting to the Internet).
• Professional or employment-related information, such as your job title, employer, and income.
• Inferences drawn from the Personal Information we collect about you to create a profile about you reflecting your preferences.
• Sensitive information, including dietary restrictions, general health information and history, and physical activity restrictions.

When you apply for a job with us, we also collect Personal Information, which may include:

• Your resume or CV, cover letter, previous and/or relevant work experience or other experience, education, transcripts, or other information you provide to us in support of an application and/or the application and recruitment process;
• Information from interviews you may have, if any;
• Details of the type of employment you are looking for, current and/or desired salary and other terms relating to compensation and benefits packages, and job preferences;
• Details of how you heard about the position you are applying for;
• Any sensitive and/or demographic information obtained during the hiring process such as Social Security number, gender, information about your citizenship and/or nationality, medical or health information, and/or your racial or ethnic origin;
• Reference information and/or information received from background checks (as applicable), including information provided by third parties;
• Information relating to any previous applications you may have submitted to the Bay Club and/or any previous employment history with the Bay Club; and
• Information about your educational and professional background from publicly available sources that we believe is relevant to your application or a potential future application (e.g., your LinkedIn profile).

2. How We Collect Personal Information
The Bay Club obtains the categories of Personal Information listed above from the following categories of sources:

Information You Provide to Us

We may receive Personal Information directly from you when you interact with our Sites, interact with us or otherwise provide us with your Personal Information. Personal Information is requested at various points on the Sites, or in-person if you visit one of our locations as a guest or member, including when you apply to join The Bay Club, sign up for email alerts, use the “contact us” page, email us, establish a Web user profile, submit a résumé, utilize any of our Services, and at other times. For example, if you would like to join The Bay Club, we will ask you for information such as name, a photo identification, address, telephone number, email address, and credit card number. We will also use your email address to send a confirmation and, if necessary, we might also use other information to contact you for help in processing the membership. We will also use your email address to notify you about special offers and promotions. We may also provide additional notices when collecting information from you about our collection, use and disclosure of that Personal Information. These notices may supplement or clarify our privacy practices with respect to that Personal Information and may provide you with additional choices about how we use that Personal Information.

Personal Information Collected from Third Parties

We may collect your Personal Information from third party business partners such as social media sites, ad networks and analytics providers. We may also collect your Personal Information from others that refer you to our Services.

Personal Information Automatically Obtained from Your Interactions with the Sites

• Browsing. The Sites do not collect individually identifying Personal Information when you browse the Sites and request pages from our servers unless you voluntarily and knowingly provide it to us. This means that we will not know your name, your email address, or any other personally identifiable information just because you browse the Sites unless you access the Sites from a link in an email that we sent. If you access the Sites from an email link from us, we will know who you are based on the information you previously supplied to us. In addition, when you request a page from our Sites, our servers log the information provided in the HTTP request header including the IP number, the time of the request, the URL of your request and other information that is provided in the HTTP header. We collect the HTTP request header information in order to make our Sites function correctly and provide you the functionality that you see on the Sites. We also use this information to personalize content presented to you, better understand how visitors use our Sites and how we can better tune it, its contents, and functionality to meet your needs.

• Cookies. When you use the Site, we may send one or more cookies to your computer’s hard disk. We may use both session cookies and persistent cookies to better understand how you interact with our Sites, to monitor aggregate usage by our users and web traffic routing on our Sites, and to improve our Sites and Services. A session cookie enables certain features of the Sites and is deleted from your computer after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Sites. Persistent cookies can be removed through your web browser’s cookie settings. Please note that if you delete, or choose not to accept, cookies from the Sites, you may not be able to utilize the features of the Sites to their fullest potential.

• Pixel Tags and Other Similar Technologies. We collect data from pixel tags (also known as web beacons and clear GIFs); they are not visible to the user of the website and consist of a few lines of computer coding delivered with the Sites. Pixel tags are not used to collect any Personal Information about you apart from what you voluntarily provide us in your dealings with the Bay Club. We use pixel tags to, among other things, track the actions of users of the Sites (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Sites.

We collect your IP address, a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP address is identified and logged automatically in our server log files when a user accesses the Sites, along with the time of the visit and the pages that were visited. We use IP addresses to calculate usage levels, diagnose server problems and administer the Sites. We also may derive your approximate location from your IP address.

• Third-Party Content. We may display third-party content on the Site, including third-party advertising. Third-party content may use cookies, web beacons or other mechanisms for obtaining data in connection with your viewing of the third-party content on our Sites. Additionally, we may implement third-party buttons, such as Facebook “share” buttons, that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by the Bay Club. Please consult such third party’s data collection, use and disclosure policies for more information.

• Google Analytics. We use Google Analytics to collect and process information about your use of the Site. Google sets cookies on your browser or device, and then your web browser will automatically send information to Google. Google uses this information to provide us with reports that we use to better understand and measure how users interact with our Site.

We may also implement additional add-on services to Google Analytics, such as Demographics and Interest Reporting, which gathers information such as the age and gender of users, along with certain interests those users express through their purchasing activities and other online activities, by tracking users across websites and across time. We also implement Remarketing with Google Analytics, which uses user behaviors on our Site to help us identify users for our remarketing campaigns. To learn more about how Google uses data, visit Google’s Privacy Policy and Google’s page on “How Google uses information from sites or apps that use our services.” You may download the Google Analytics Opt-out Browser Add-on for each web browser you use, but this does not prevent the use of other analytics tools. To learn more about Google Analytics cookies, visit Google Analytics Cookie Usage on Websites.

3. How We Use Personal Information

We may use or disclose the Personal Information we collect about you for one or more business purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about membership or Services, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your Personal Information to facilitate future renewals or orders, or process refunds. If you submit a review of our Services or your experience with the Bay Club, we may post that submission on our Sites, without identifying you by your full name or address.
• To provide, support, personalize and develop our Sites and Services.
• To create, maintain, customize and secure your account and membership with us.
• To process your requests, purchases, transactions and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your experience on our Sites and to deliver Services relevant to your interests, including targeted offers and ads through our Sites, third party sites and via email or text message (with your consent, where required by law).
• To help maintain the safety, security and integrity of our Sites, databases and other technology assets, physical locations, Services, and our business.
• For testing, research, analysis and product development, including to develop and improve our Sites and Services.
• To respond to law enforcement requests and as required by applicable law, court order or governmental regulations.
• As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Bay Club’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Bay Club about users of our Services and our members is among the assets transferred.

To the extent we are able to do so, we may link your non-personally identifiable information with your Personal Information. We may also link information collected online with information we collect offline or that is collected online by third parties.

Bay Club 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.

4. Disclosure of Personal Information to Third Parties

Bay Club may disclose your Personal Information with the following categories of third parties for certain other business purposes:

• Service Providers. We engage certain trusted third parties to perform functions and provide services to us, including hosting and maintenance, error monitoring, debugging, performance monitoring, billing, customer relationship, database storage and management, co-sponsored or co-branded promotions or events, and e-mail or mail direct marketing campaigns. We may share your Personal Information with these third parties, but only to the extent necessary to perform these functions and provide such Services, we enter a contract that describes the purpose, and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

• Law Enforcement Agencies. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any information about you to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to, and defend against claims, for legal process (including subpoenas), to protect the property and rights of Bay Club or a third party, to protect Bay Club against liability, for the safety of our members, guests, the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive or legally actionable activity, to protect the security or integrity of our Sites and Services and any equipment used to make the Sites and Services available, or to comply with the law.

• Third Parties Involved in Business Transfers. Bay Club may sell, transfer or otherwise share some or all of its assets, including Personal Information, in connection with a merger, acquisition, reorganization, sale of assets or similar transaction, or in the event of insolvency or bankruptcy. You will have the opportunity to opt out of any such transfer if the new entity’s planned processing of your Personal Information differs materially from that set forth in this Privacy Policy.

• Other Third Parties. We may share Personal Information with our headquarters and affiliates, and business partners to whom it is reasonably necessary or desirable for us to disclose your Personal Information for the purposes described in this Privacy Policy. We may also make certain non-Personal Information available to third parties for various purposes, including our business or marketing purposes or to assist third parties in understanding our customers’ and visitors’ interest, habits and usage patterns for certain programs, content, services, advertisements, promotions and functionality available through the Site.

5. Children’s Information

We do not knowingly solicit or collect Personal Information from children under the age of 13 without prior verifiable parental consent. If we learn that, despite our measures, Personal Information of any person under the age of 13 has been collected without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 13 has provided us with Personal Information, please email us at terms@bayclubs.com.

6. Data Security

We employ reasonable physical, managerial, and technical measures designed to improve the integrity and security of the Sites and the Personal Information you transmit to us and that we store on our systems. No such measure is foolproof, or immune to being cracked or compromised, whether by intentional hacking or human error. As such, we cannot ensure or warrant the security of any information you transmit to us or that we store, and you do so at your own risk. We cannot and do not guarantee that your information will not be accessed, disclosed, altered, or destroyed by or in connection with a breach or failure of any of our physical, technical, or managerial safeguards.

7. International Visitors

The Sites are hosted in the United States and are intended only for visitors located within the United States. If you are visiting this Site from outside of the United States, please note that by providing your Personal Information it is being transferred to, stored, collected, or processed in the United States, where our data center and servers are located and operated.

8. California Residents

This Section applies to our collection and use of “Personal Information” if you are a resident of California, as required by the California Consumer Privacy Act of 2018 and its implementing regulations, as amended by the California Privacy Rights Act (the “CCPA”). When we use the term “Personal Information” in the context of the CCPA, we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household.

Bay Club makes the following disclosures regarding the Personal Information it has collected within the 12-month period preceding the Effective Date of this Privacy Policy:

Sources of Personal Information

We collect Personal Information from the categories of sources detailed in the “How We Collect Personal Information” section above.

Disclosure for a Business or Commercial Purpose

The categories of third parties to whom we disclose Personal Information for a business or commercial purpose are detailed in the “Disclosure of Personal Information to Third Parties” section above. We do not knowingly sell or share the Personal Information of minors under the age of 16.

Use of Personal Information

We collect Personal Information for the business and commercial purposes detailed in the “How We Use Personal Information” section above.

9. Retention of Personal Information

We will retain each category of your Personal Information for as long as necessary to fulfill the purposes described in this Privacy Policy, unless otherwise required by applicable laws. Criteria we will use to determine how long we will retain your Personal Information include whether we need your Personal Information to provide you with our Services; we continue to have a relationship with you; you have requested information from us; we have a legal right or obligation to continue to retain your Personal Information; we have an obligation to a third party that involves your Personal Information; our retention or recordkeeping policies and obligations dictate that we retain your Personal Information; or we have another business purpose for retaining your Personal Information.

10. Your Privacy Rights and How to Exercise Them

Depending on where you live, you may have the following rights with respect to your Personal Information under applicable data protection laws:

• Access – You may have the right to know what Personal Information we have collected about you and to access such Personal Information.
• Data Portability – You may have the right to receive a copy of your Personal Information in a portable and readily usable format.
• Deletion – You may have the right to delete your Personal Information that we have obtained, subject to certain exceptions.
• Correction – You may have the right to correct inaccuracies in your Personal Information.
• Opt out of Certain Processing – You may have the right to: (a) opt out of the processing of your Personal Information for purposes of targeted advertising, (b) opt out of the sale or sharing of your Personal Information; (c) limit the use of your Sensitive Personal Information (if applicable), and (d) opt out of the processing of your Personal Information for profiling in furtherance of decisions that produce legal or similarly significant effect concerning you.

To opt out of marketing emails, please email us at terms@bayclubs.com or by following the instructions included in the email correspondence. Please note that, even if you unsubscribe from certain correspondence, we may still need to contact you with important transactional or administrative information, as permitted by law.

To exercise any of the privacy rights afforded to you under applicable data protection laws, please submit a request to us by either:

• Calling us at (888) 646-4660; or
• Emailing us at terms@bayclubs.com

You may also initiate any opt outs by broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC). We honor Opt-Out Preference Signals, including GPC. If you choose to use an Opt-Out Preference Signal, you will need to turn it on for each supported browser or browser extension you use.

You will not be discriminated against in any way by virtue of your exercise of the rights listed in this Privacy Policy which means we will not deny any Services to you, provide different prices or rates for Services to you, or provide a different level or quality of Services to you. Only you, or an authorized agent that you authorize to act on your behalf, may make a request related to your Personal Information.

We must verify your identity before fulfilling your requests, and if we cannot verify your identity, we may request additional information from you. If you are an authorized agent making a request on behalf of another person, we will also need to verify your identity, which may require proof of your written authorization or evidence of a power of attorney. We endeavor to respond to requests within the time period required by applicable law. If we require more time, we will inform you of the reason and extension period in writing.

We do not charge a fee to process or respond to your requests unless they are excessive or repetitive. If we determine that a request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We may deny certain requests, or only fulfill some in part, as permitted or required by law. If you are not satisfied with the resolution of your request and you are afforded a right to appeal such decision, you will be notified of our appeal process in our response to your request.

Other California Privacy Rights

California Civil Code Section 1798.83 permits visitors to our site who are California residents and who have an existing business relationship with us to request certain information regarding our disclosure of personal information to third parties for the third parties’ direct marketing purposes, if any. To make such a request, please send an email with the subject heading “California Privacy Rights” to us at terms@bayclubs.com, or you may write to us at the address below. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by these California privacy rights requirements and only information on covered sharing will be included in our response. This request may be made no more than once per calendar year.

11. Changes to this Privacy Policy

We may modify or update this Privacy Policy at our discretion at any time, so please review it periodically. When we make material changes to this Privacy Policy, we will post the Privacy Policy on the Sites and update the Privacy Policy’s effective date.

12. Contact Us

We welcome your questions, comments and concerns about privacy. Please email us at terms@bayclubs.com with your questions about our practices or feedback. You also may write to us at:

The Bay Club Company
1620 Montgomery Street, Unit 250
San Francisco, CA 94111