Who We Are
Online? But You’re a Gym.
IS EVERYTHING ON YOUR SITE MANAGED BY YOU?
Not always. We have identified above the Digital Sites we control. You may be able to find links to other sites not owned or controlled by us. While we provide these links for your convenience, we don’t control and are not responsible for the privacy practices of these sites. Please proceed with caution. Also, while we maintain a presence on social media, we do not control the privacy policies of those sites, but we do make commercially reasonable efforts to abide by them.
DO YOU COLLECT INFORMATION WITHOUT ME KNOWING?
We may collect certain information automatically as you use our Digital Sites, including your IP (Internet Protocol) address, browser type, computer type, type of mobile device (if used), and how long you are using our Digital Site. This information is only used while you are on one of our Digital Sites, and helps you navigate through our sites. We may also be provided your general location through your IP address.
WELL, WHAT ELSE DO YOU COLLECT?
In short, when you are on one of our Digital Sites, we don’t collect personal information you don’t give to us. That is, with the exception of the above auto-collected cookies necessary to help you navigate the site, which do not take personal data from you, if you don’t provide us with personal data, we don’t have it. We may collect information about you under various circumstances, however. For instance, if you want to create a profile, we will ask you for
- Your email address
- A password
If you are or want to become a member of one of our gyms, you can begin the process online, including creating a profile, asking questions, or sending us a message. You will also have to complete a waiver to use our facilities, which can be done online. In short, depending upon what you aim to do with us, we will collect all or some of the information listed:
- Your name
- The names of your minor children and their ages and genders (for family memberships)
- Your email address
- Your date of birth
- Your billing address
- Your phone number (if you want to give it to us), and
- The information contained in your message.
- Payment information: please see below.
- Emergency contact numbers
This information is stored on our servers and we retain it as part of your profile, to contact you with answers to your questions, and/or responses to your message.
WHAT ABOUT PAYMENT INFORMATION?
If you choose to pay your membership dues by credit card, we do not hold that information on our servers. We partner with a third party company (https://www.globalpaymentsintegrated.com/en-us) to keep your information secure. If you choose to pay through bank account transfer (“ACH”), any bank information you provide to us is encrypted and stored on our servers using industry standard protocols. If you are a member and submit questions to us online we may request (in addition to the above):
- The location of your membership
- Your key tag barcode
- Social Media ID
- Name of employer for corporate-sponsored events
- Name of school for school-sponsored events
If you are registering for a student membership, we may collect from you a screenshot or other digital qualification through our Digital Sites to prove you are a student, and that information will be connected to your digital profile. If you are registering for certain family memberships, you may be required to submit copies of drivers’ licenses, leases, and other formal mail such as bills, which will be attached to your digital profile. We request that you please redact any social security numbers, financial account numbers, and/or health-related information before submitting any documents to us. If you book a class online, we may record the class you took and, depending on the class, relevant basic health information. We may also collect your name, email address, phone number, date of birth, street address, and/or payment information. This information may remain with your other account information in your digital profile. If you order a gift card, even if you are not a member and have not made a digital profile, we may also collect your billing information. At that time, you may create a profile on the Digital Site from which you purchased the gift card. We also collect information and use it in aggregated form. This information does not identify you personally, and even if you close your account, information we collected from you and put in an aggregated form (that does not identify you) will remain with us.
WHAT ABOUT MY KIDS?
Our Digital Sites are not intended for use by anyone under the age of 18. If you are a parent and wish to add your child to your membership, you can do so, but we require your verifiable parental/guardian consent, and you must provide that in person at one of our gyms. Any child under the age of 18 will not be allowed to have their own account. Sorry. That’s how we roll – er – climb! If you have reason to believe there are minors who have provided us personal information, please contact us so that we may take the appropriate steps.
I SAW SOMEONE WITH A CAMERA AT THE GYM? DO YOU POST THOSE SHOTS PUBLICLY?
Yes, we do. And when you are at one of our facilities, the waiver you sign includes an agreement stating that we can take photos and post them on social media. A copy of the agreement is available here: https://www.earthtreksclimbing.com/waiver/. We don’t, however, tag you or connect these photos with your other information; they are merely intended to share activities happening in the gym with our fans. Even if you are in one of these photographs, we wouldn’t know and we do not attach the photographs to personal information. But we’re reasonable folks. If you find yourself the subject of an image you’re not too keen about, let us know.
DO YOU COLLECT INFORMATION FROM OTHER SITES?
We might. For instance, we may collect or receive information about you from a public database, social networks, your email address as the recipient of a gift card, a referral, or in connection with a purchase you make through the site of gear or tickets to an event.
WHY DO YOU COLLECT THIS INFORMATION?
To help manage the Digital Sites, your accounts, and update our services. This includes setting up and processing payments for your memberships, providing services and events to you, contacting you regarding your membership, a change in our services and offerings, and responding to your inquiries. We have a legitimate business interest in making sure your visit to our Digital Sites are safe, free from fraud, and effective. The information we collect from you helps us do that. We may also send you offers, coupons, discounts and so on through commercial emails that will include various promotions and cool opportunities to participate in events, savings, and trips we sponsor. You are free to opt out of receiving marketing materials at any time by following the prompts in any email. Please note that even if you opt out of receiving commercial marketing email, you will still receive administrative emails pertaining to your account, changes in gym policies, and other necessary non-marketing communications and information. If your membership has become invalid due to non-payment or an expired credit card, you may also receive communications from us to rectify that.
DO YOU SHARE MY INFORMATION?
In some cases, yes. For instance, we may share your information with third party service providers and agents who provide services such as website hosting, data analysis, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, text messaging, credit card or other payment processing, auditing and similar services. Contracts with our service providers require them to keep information confidential.
WHAT ABOUT FOR ADVERTISING PURPOSES?
We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access our Digital Sites. The manner in which this is done is third-party ad companies may place or recognize a unique cookie on your browser, or use other technologies that might help them recognize you across your devices (e.g., your smart phone and your computer). In some cases, we share aggregate information with third party ad companies to increase the effectiveness of our marketing and promotions.
EXIGENT CIRCUMSTANCES AND LEGAL DISCLOSURES.
Emergencies happen. In addition to sharing your information as we have outlined here, we do reserve the right to disclose your personal information if we are required to by law, in situations where there are exigent circumstances where we reasonably believe a life may be in danger, and if we reasonably believe such disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process, such as a subpoena. We may also share personal information when we have a reasonable and good faith belief it is necessary to prevent fraud or other illegal activity. In such situations, we may share your personal information with companies, government entities (including law enforcement), lawyers, and judges. Also, If the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the Digital Sites to a third party, we may transfer your personal information to the new owner. You can opt out of third-party advertising practices in a number of ways. Please feel free to learn about these practicing by visiting the following organization and following the instructions to opt out:
- Digital Advertising Alliance (DAA) consumer opt-out page at http://www.aboutads.info and http://optout.aboutads.info/#/
- Network Advertising Initiative’s (NAI) opt-out page at http://optout.networkadvertising.org/#!/
Should any of our Digital Sites have an app through which you access your account, you can also download the AppChoices app at www.aboutads.info/appchoices, which works specifically with mobile applications.
WHAT IF I SHARE SOMETHING ONLINE? WILL YOU COLLECT AND/OR SHARE IT?
If you post information about yourself or comments on public message boards or in response to posts we make on social media, we may collect that information, as discussed above.
WHAT IF I WANT TO KNOW WHAT YOU HAVE ON ME?
If you have questions about the personal information we have collected from you, we can provide that information to you (up to twice a year). You must make a request by writing us or emailing us at email@example.com. Please note that for privacy reasons, we may ask you to verify your identity with additional information, so that we do not inadvertently disclose your data to a third party. Email us at firstname.lastname@example.org or write us at El Cap, 750 W Hampden Ave, Ste 400, Englewood, CO 80110. If ever you want, you can opt-out of receiving marketing emails from El Cap and our Digital Sites by using the opt-out or unsubscribe feature contained in the e-mails. In the event we communicate with you through text messaging, because you have opted in, you can stop marketing text messages by replying STOP to any text message. You will receive only a reply notice that you have been removed. If you have completed a form and supplied us with your mobile number, that is your permission for us to contact you via text for issues relating to your account. Whatever your request, please know we’ll work to comply with your request(s) as soon as reasonably practicable. And remember, if you opt-out of receiving marketing-related messages from us, we may still send you administrative messages so that you continue to receive important information (for example, transactional messages relating to your membership, purchases and gym information).
IS MY INFORMATION SAFE?
Well, it’s the Internet, so nothing is 100% secure. We make commercially reasonable efforts to use technology and processes that protect your personally identifiable information, including using third parties to handle and secure your credit card information. Credit card data you provide to us is not stored in our databases, but rather in our credit card merchant providers servers. (https://www.globalpaymentsintegrated.com/en-us). Any bank account information you provide to us is encrypted and stored using industry standard protocols.
WHAT ELSE DO I NEED TO KNOW?
I’M A CALIFORNIA RESIDENT. DOES THAT MEAN ANYTHING?
All our members are important but if you are a California resident, you may have additional rights.
Under the California Consumer Privacy Act, AKA the “CCPA,” “personal information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household.
Under the CCPA we must disclose the categories of personal information about California residents that we collect, sell, and/or disclose to third parties or service providers for a business purpose. Please see above for that information.
We are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used. Much of that information is provided herein.
Subject to certain exceptions, California residents have the right to make the following requests, at no charge, up to twice every 12 months:
Right of Deletion: California residents have the right to request deletion of their personal information that we have collected about them, subject to certain exemptions, and to have such personal information deleted, except where necessary for any of a list of exempt purposes.
Right to Know – Right to a Copy: California residents have the right to request a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance.
Right to Know – Right to Information: California residents have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the categories of personal information collected; the sources for that personal information; the purpose for collecting and selling personal information; to whom we have disclosed that information.
If you would like to have your information deleted or if you would like to exercise your rights under the CCPA to a copy, and / or the right to information we have, please contact us via email at email@example.com or 410-872-0060 ext 117. We will respond to verifiable requests received from California consumers consistent with California law.
Please note that we do not respond to the Do No Track beacon.
California Eraser Law
If you are 18 and a California resident, and you discover an image posted on one of our Digital Sites taken when you were a minor, the California Eraser law allows you to have us remove the image from view, pursuant to your request. Should you request removal, please be advised that it will be removed only from those sites under our control, and for privacy purposes, we may ask you to verify your request.