Last Updated: January 31, 2022

The Bay Clubs Company, LLC (“The Bay Club”, “we”, or “us”) has prepared this privacy policy (“Privacy Policy”) to inform you of the privacy principles that govern your use of our website, www.bayclubs.com.  The purpose of this Privacy Policy is to inform you about the types of information we gather about you, including information contained on any membership application you may submit to us, information gathered when you visit our website (the “Site”), and information we may receive from third parties or affiliates, how we may use that information, whether we disclose that information to anyone, and the choices you have regarding our use of, and your ability to correct, the information.  We strive to help visitors of the Site protect their privacy while using our Site.  By using the Site, you expressly consent to the use and disclosure of information as described in this Privacy Policy.

Information collected from you by others, such as third party websites that you access through links on the Website, are governed by those entities’ privacy policies.

AS DESCRIBED BELOW, BY ACCESSING THIS SITE YOU AGREE TO ALL THE TERMS IN THIS POLICY AND ACKNOWLEDGE THAT YOU ARE A UNITED STATES RESIDENT. USERS ARE EXPRESSLY PROHIBITED FROM ACCESSING THIS SITE OR PROVIDING ANY PERSONAL INFORMATION IF THEY ARE LOCATED IN THE EUROPEAN UNION.

Information We Collect

We will ask you to voluntarily supply us with personally identifiable information, which may include 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, to provide you with a particular service you request. Information is requested at various points on the Site, 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, 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 as described in the email section of the Privacy Policy.

Browsing

The Site does not collect personally identifiable information when you browse the Site 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 Site unless you access the Site from a link in an email that we sent. If you access the Site 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 Site, 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 Site function correctly and provide you the functionality that you see on the Site. We also use this information to personalize content presented to you, better understand how visitors use our Site 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 – small text files containing a string of alphanumeric characters – to your computer. We may use both session cookies and persistent cookies. A session cookie disappears 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 Site. Persistent cookies can be removed. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept, cookies from the Site, you may not be able to utilize the features of the Site to their fullest potential.

Pixel Tags

The Bay Club and its third-party service providers use pixel tags. Pixel tags are not visible to the user of the website and consist of a few lines of computer coding delivered with the Web page. Pixel tags are not used to collect any personally identifiable information about you apart from what you voluntarily provide us in your dealings with The Bay Club.  The Bay Club and our email service provider use pixel tags to: (a) Track customer response to The Bay Club advertisements and website content; (b) Determine your ability to receive HTML-based email messages. Our email service provider includes a pixel tag, which they refer to as a “coded sensor” in all of the HTML-based messages sent on our behalf. The sensor activates when the email message is opened and flags the email address of the user as one that is capable of receiving HTML-based email messages. This capability helps our service provider to send the email in a format you can read. The sensor does not collect or use any other information. If you cannot receive HTML, you will not receive a functioning sensor; (c) Know how many users open an email and allow our service provider to compile aggregated statistics about an email campaign for us; and (d) Allow us to better target interactive advertising, enhance customer support and site usability, and provide offers and promotions that we believe would be of interest to you.

Google Analytics

Our Site uses Google Analytics (and in the future may use other similar sites or services), a web analytics service provided by Google, Inc. (“Google”), to better assist us in understanding how the Site is used.  Google Analytics will place cookies on your computer that will generate information that we select about your use of the Site, including your computer’s IP address.  That information will be transmitted to and stored by Google.  The information will be used for the purpose of evaluating consumer use of the Site, compiling reports on Site activity for our use, and providing other services relating to Site activity and usage.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf.  You may refuse the use of cookies by selecting the appropriate settings on your browser.  Please note that by doing so, you may not be able to use the full functionality of the Site.  The use of cookies by Google Analytics is covered by Google’s privacy policy.

How We Use Information

We use personal information we collect from you, including your identifying information and photo, to provide services to you,  for billing purposes, and for security purposes.

We use all the information that you provide or that we collect and/or aggregate to understand and analyze the usage trends, interests, and preferences of our users, to improve the way the Site looks and works, and to create new features and functionality.

Various aspects of the Site, such as content on the Site, and email messages we send you in connection with your use of the Site may include relevant advertisements that may be selected based on your demographic information, interests, preferences, and usage patterns within the Site.

We may use “automatically collected” information and information from cookies and pixel tags to: (a) personalize our services, such as remembering your information so that you will not have to re-enter it during your visit or the next time you visit the Site; (b) provide customized third party advertisements, content, and information; (c) monitor and analyze the our effectiveness and third party marketing activities; (d) monitor aggregate usage metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in any promotions or other activities.

We may use your email address or other personally identifiable information to send promotional email related to the Site we think you may be interested in. You will have the ability to opt-out of receiving any such communications through links provided in the messages, sending an email to terms@bayclubs.com requesting to opt-out.

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

Disclosure of Information to Third Parties

Except as disclosed in this Privacy Policy, we do not share, rent, or sell personally identifiable information you have given us to any third party without your permission. We will disclose your personally identifiable information when required by law, subpoena or other legal process or in good faith belief that such action is necessary to investigate or protect against harmful activities to The Bay Club guests, visitors, associates, or property (including the Site), or to others. We may also share your information with our third party service providers as described in this Privacy Policy but they may use this information only to provide The Bay Club with a specific service and not for any other purpose.

From time to time, we may partner with other organizations or companies to provide co-sponsored or co-branded promotions, services, or events and may share your personal information with our co-sponsor(s) and partners.  Additionally, we may provide your personal information to service providers or contractors to perform functions on its behalf, such as, but not limited to, companies or individuals hired to publish and operate the Site, communicate news, deliver our promotional materials via e-mail and direct mail, promote our social media presence and activities, to develop, enhance, market, or provide any of our products, to process credit card payments and to assist us with sending communications and performing other marketing and support functions.  Also, we may use third-party social media platforms, including third-party social media websites, to communicate with you.

We work with third party service providers to provide website and application development, hosting, and maintenance as well as other services for us. To the extent it is necessary for these service providers to complete their contractual obligations to us, these third parties may have access to or process your personally identifiable information. Generally, these disclosures are made under terms comparable to this policy, and the recipients are limited to using the information the purpose for which it was provided.

In addition, if we sell all or part of our business or make a sale or transfer of assets or are otherwise involved in a merger or business transaction, we may transfer your personally identifiable information to a third party as part of that transaction. We may share non-personal aggregate, or summary, information regarding its customers with partners or other third parties, but we do not sell or share any information at the individual customer level.

Third Party Services

This Privacy Policy applies solely to information collected by The Bay Club. This Privacy Policy does not apply to other websites that are accessible through the Site, including but not limited to any third-party websites that process payments on our behalf. Please be aware that third-party websites that process payments for us and websites for our advertisers, sponsors, affiliated entities and other third parties that are accessible through the Site may have their own privacy and data collection policies and practices. We are not responsible for the privacy practices of such sites and will not be responsible for any actions or policies of such third parties. We encourage you to learn about third parties’ privacy and security policies before providing them with personally identifiable information.

When you use the Site by or through a third party platform—including Facebook—you allow us to access and/or collect certain information from your third party platform profile/account. You additionally allow us to access information contained in cookies placed on your device by the third party platform as permitted by the terms of your agreement and privacy settings with the third party platform. We may share this information with the third party platform for their use as permitted by the terms of your agreement and privacy settings with the third party platform. We will share some of the information we collect from you with vendors and other service providers who work with us to support the internal operations of our Site. For example, we use a third-party service for ad tracking and to help us prepare website and mobile application analytics. Our third-party ad tracking and analytics company never sends emails, notifications, or other communications to our end users. If you would like to opt out of third-party ad tracking and analytics, please let us know at terms@bayclubs.com. Your choice to opt out of ad tracking and analytics services does not limit our ability to email you or collect other information from you for other vendors, subject to the terms of this privacy policy.

Opt-Out

From time to time, you may receive periodic mailings or e-mails from The Bay Club with news or other information on events, products, services, discounts, special promotions, upcoming events or other offers from or on behalf of The Bay Club.  If at any time you wish to stop receiving emails or mailings from The Bay Club please send us an email to terms@bayclubs.com with the phrase “Privacy Opt-out: The Bay Club Mailings” in the subject line, or write to us at the address provided below, and we will remove you from The Bay Club’s mailing list.  Alternatively, for e-mail communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth at the bottom of most promotional e-mail messages from The Bay Club.

It is our intention to only send you email communications that will be useful to you and that you want to receive. We typically use third party email service providers to send emails. These service providers are contractually prohibited from using your email address for any purpose other than to send The Bay Club related email.

Children’s Information

We do not knowingly solicit or collect personal information on the Site from children under the age of 13 without prior verifiable parental consent. If we learn that, despite our measures, personally identifiable information of any person under the age of 13 has been collected on the Site 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 obtained an account on the Site, then you must alert us at terms@bayclubs.com and request that we delete that child’s personal information from its systems and not to use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).

Data Security

We employ reasonable physical, managerial, and technical measures designed to improve the integrity and security of the Site 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.

Do Not Track

Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals to express your preferences regarding online tracking. However, because there is not yet a defined response to do-not-track requests, our Site does not respond to your browser’s do-not-track request. As noted above, third parties, such as our advertising partners, may collect data that relates to you. We cannot control third parties’ responses to do-not-track signals or other such mechanisms. Third parties’ use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.

California Privacy Rights

If you are a California resident, you have the right to request information from us regarding the manner in which we share certain categories of personal information with third parties for their direct marketing purposes, in addition to the rights set forth above. Under California law, you have the right to send us a request at the designated address listed below to receive the following information:

1. The categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
2. The names and addresses of the third parties that received the information; and
3. If the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.

This information may be provided in a standardized format that is not specific to you. The designated email address for these is terms@bayclubs.com.

International Visitors

The Site is hosted in the United States and is intended only for visitors located within the United States. If you nonetheless choose to use the Site from other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personally identifiable information outside of those regions to the United States and by providing your personally identifiable information on the Site you consent to that transfer.

You are expressly prohibited from using the Site if you are located within the European Union.

Legal Issues

This is a United States website and is subject to laws of the United States and the State of California. This Privacy Policy will be governed by and construed in accordance with the laws of the State of California without regard to that state’s conflict of law analysis. Each of the parties to this Privacy Policy hereby irrevocably and unconditionally submits to the jurisdiction of the United States District Court for the Northern District of California or any state court of competent jurisdiction sitting in San Francisco, California for purposes of all legal proceedings arising out of or relating to this Privacy Policy or the transactions contemplated hereby, and agrees not to commence any legal proceedings related thereto except in such court

Consent and Changes to this Policy

By using our Site, you agree to let us collect and use information per the guidelines of this Privacy Policy. In the future, we may need to change this Privacy Policy; we will post changes on this page and note the effective date so that you are always aware of what information we collect and how we use it. If we decide to change our privacy practices, all changes will be made here and the effective date will be posted so that you will always know what information we gather, how we might use personally identifiable information, and whether we will disclose it to anyone. If we materially change our practices regarding collection or use of your personally identifiable information, your personally identifiable information will continue to be governed by the Privacy Policy under which it was collected unless you have been provided notice, and have not objected to, this change.  Your continued use of the Site after revised Privacy Policy has become effective indicates that you have read, understood and agreed to the current version of the Privacy Policy.

Contact Us

If you would like to update or correct your information or modify your communication preferences, or if you have questions regarding our Privacy Policy or the use of information collected, you can contact us:

by email: terms@bayclubs.com

by writing to us at:
The Bay Club Company
1 Lombard St.
San Francisco, CA 9411.USA

Last Updated:  January 31, 2022

Please see our Supplemental Privacy Policy for California Residents, which provides additional information and disclosures.