OVER 40 GYM CLUB™
PRIVACY POLICY
Last updated: 24 July 2026
1. INTRODUCTION
This Privacy Policy explains how Fusion Link (Pty) Ltd, trading as Over 40 Gym Club™
(“Over 40 Gym Club,” “we,” “us,” or “our”), collects, uses, discloses, stores, and
protects personal information when you visit over40gymclub.com, communicate with us,
create an account, subscribe to marketing, or purchase products through our online
store (collectively, the “Services”).
Fusion Link (Pty) Ltd is a private company incorporated in South Africa and is the
responsible party or data controller for the personal information described in this
Privacy Policy, except where another party independently determines how and why it
processes personal information.
Our Store is hosted and operated using Fourthwall. Fourthwall and its service providers
may process personal information on our behalf to provide storefront hosting, order
processing, payment support, production, fulfilment, shipping, analytics, fraud prevention,
customer support, and related services.
By using the Services, you acknowledge the practices described in this Privacy Policy.
Where consent is required by law, we will request it separately.
2. PERSONAL INFORMATION WE COLLECT
The information we collect depends on how you interact with the Services.
2.1 Information you provide directly
We may collect:
(a) Identity and contact information, such as your name, email address, telephone
number, billing address, shipping address, and country;
(b) Account information, such as login details, account preferences, and account
activity;
(c) Order and transaction information, such as products purchased, order value,
currency, discounts, order date, fulfilment status, delivery details, returns, refunds,
and customer-support history;
(d) Payment-related information. Payment details are generally collected and processed
by Fourthwall, Stripe, PayPal, card networks, banks, or other payment providers. We may
receive limited payment-related information, such as payment status, payment method
type, transaction identifiers, and fraud-screening results, but we do not ordinarily
receive or store complete payment-card numbers;
(e) Communications, including messages, enquiries, reviews, feedback, survey responses,
and information supplied when requesting customer support;
(f) Marketing information, such as newsletter subscriptions, marketing preferences,
promotion participation, and responses to campaigns; and
(g) Any other information you voluntarily provide.
2.2 Information collected automatically
When you use the Services, we and our service providers may automatically collect:
(a) Device and technical information, including IP address, browser type, operating
system, device type, language, time zone, screen size, and device identifiers;
(b) Usage information, including pages viewed, links clicked, products viewed,
referring pages, session duration, navigation paths, cart activity, checkout activity,
and interactions with Store features;
(c) Approximate location derived from an IP address;
(d) Log and diagnostic information, including access times, errors, performance data,
and security events; and
(e) Cookie and tracking information described in Section 7.
2.3 Information received from other parties
We may receive personal information from:
(a) Fourthwall and its affiliated service providers;
(b) Payment processors and financial institutions;
(c) Production, fulfilment, shipping, and logistics providers;
(d) Advertising, analytics, and social-media platforms;
(e) Fraud-prevention, identity-verification, and security providers;
(f) Customer-support and email-marketing providers; and
(g) Other parties where you have authorised the disclosure or where permitted by law.
3. HOW WE USE PERSONAL INFORMATION
We may use personal information to:
(a) operate, provide, maintain, and improve the Services;
(b) process, fulfil, deliver, track, return, replace, and refund orders;
(c) communicate with you about orders, accounts, support requests, policies, or
operational notices;
(d) create and manage customer accounts;
(e) personalise Store content and remember preferences;
(f) provide customer support and resolve complaints;
(g) send marketing communications where permitted by law;
(h) measure campaign performance, understand customer behaviour, and improve products,
advertising, and the Store;
(i) detect, investigate, and prevent fraud, abuse, security incidents, chargebacks,
and unlawful activity;
(j) enforce our Terms of Service and protect our rights, users, service providers,
and the public;
(k) comply with tax, accounting, recordkeeping, regulatory, law-enforcement,
and other legal obligations;
(l) establish, exercise, or defend legal claims;
(m) conduct internal reporting, forecasting, and business analysis; and
(n) carry out another purpose disclosed to you at the time of collection or with
your consent.
4. LEGAL BASES FOR PROCESSING
Where applicable law requires a legal basis, we process personal information on one
or more of the following grounds:
(a) Contract. Processing is necessary to enter into or perform a contract with you,
including processing and delivering an order;
(b) Legal obligation. Processing is necessary to comply with applicable law, tax,
accounting, fraud-prevention, or regulatory requirements;
(c) Legitimate interests. Processing is necessary for our legitimate business interests,
such as operating and improving the Store, securing the Services, preventing fraud,
providing support, and understanding business performance, provided those interests
are not overridden by your rights;
(d) Consent. You have consented to the processing, including certain marketing,
advertising, or cookie activities where consent is required. You may withdraw consent
at any time, without affecting processing that occurred before withdrawal; and
(e) Protection of rights. Processing is necessary to protect the rights, safety,
or property of you, us, another person, or the public, where permitted by law.
5. HOW WE DISCLOSE PERSONAL INFORMATION
We may disclose personal information to:
5.1 Fourthwall and commerce service providers
Fourthwall and its service providers may receive information required to host the Store,
process orders and payments, arrange manufacturing and fulfilment, deliver products,
handle support, manage fraud, and provide analytics or related ecommerce functionality.
5.2 Payment providers
Payment processors, card networks, banks, digital-wallet providers,
and fraud-prevention providers may process payment and transaction information.
5.3 Production, fulfilment, and shipping partners
Manufacturers, print providers, warehouses, carriers, customs intermediaries,
and logistics providers may receive information necessary to produce and deliver
your order.
5.4 Technology and business service providers
We may use providers for hosting, cloud storage, analytics, email, customer support,
advertising, security, professional advice, accounting, and business administration.
5.5 Advertising and analytics partners
Where enabled and permitted by law, we may disclose or make available identifiers,
device information, usage data, commercial information, or hashed contact information
to advertising and analytics providers. These providers may use cookies, pixels, APIs,
or similar technologies to measure advertising, create audiences, attribute sales, and
provide more relevant advertising.
Depending on the jurisdiction, some of these disclosures may be
treated as “sharing,” “selling,” or targeted advertising even though we
do not sell personal information for money.
5.6 Legal and safety disclosures
We may disclose information where we reasonably believe it is necessary to:
(a) comply with law, legal process, court orders, or lawful governmental requests;
(b) detect or prevent fraud, security threats, or unlawful conduct;
(c) protect rights, property, safety, or users; or
(d) establish, exercise, or defend legal claims.
5.7 Business transactions
Information may be disclosed in connection with a merger, acquisition, financing,
restructuring, insolvency, sale of assets, transfer of the Store, or similar
transaction, subject to appropriate confidentiality and legal safeguards.
5.8 With your direction or consent
We may disclose information where you direct us to do so or provide consent.
6. FOURTHWALL AND OTHER INDEPENDENT PARTIES
Fourthwall may process personal information as a service provider or processor
acting on our instructions. Fourthwall may also process certain information for
its own independent purposes, such as platform security, legal compliance, fraud
prevention, payment administration, and improving its services, as described in
Fourthwall’s own privacy policy.
Payment providers, delivery carriers, social-media platforms, and other third parties
may also act as independent controllers or responsible parties for information they
process under their own terms and privacy policies.
This Privacy Policy does not govern the independent privacy practices of those parties.
7. COOKIES, PIXELS, AND SIMILAR TECHNOLOGIES
We and our providers may use cookies, pixels, tags, software development kits, local
storage, APIs, and similar technologies.
These technologies may be used for:
(a) Essential functions, such as security, cart operation, checkout, account access,
and fraud prevention;
(b) Preferences, such as language, currency, region, or display settings;
(c) Analytics, including measuring visits, traffic sources, Store use, and performance;
(d) Advertising and attribution, including measuring advertisements, creating audiences,
retargeting, and understanding whether advertisements result in purchases; and
(e) Email measurement, such as determining whether a message was delivered, opened,
or acted upon.
Where available, you may manage non-essential technologies through the Store’s
cookie-preference tool. You may also control cookies through your browser settings.
Disabling essential technologies may prevent parts of the Store from working correctly.
We may use services such as Meta Pixel, Meta Conversions API, Google Analytics, Google
advertising services, TikTok Pixel, Pinterest Tag, or similar tools if and when they are
enabled on the Store. The precise tools used may change as our marketing and analytics
arrangements develop.
8. MARKETING COMMUNICATIONS
We may send promotional email or other marketing messages where permitted by law.
You may unsubscribe using the link contained in a marketing email or by contacting us.
Even after opting out of marketing, you may still receive transactional or service-related
communications concerning orders, accounts, security, support, or policy updates.
We do not send electronic direct marketing in violation of applicable law. Where consent is
required, we will seek consent before sending such marketing.
9. PERSONAL INFORMATION RIGHTS
Depending on your location and applicable law, you may have rights to:
(a) request confirmation that we process your personal information;
(b) access or obtain a copy of personal information;
(c) correct or update inaccurate or incomplete information;
(d) request deletion of information;
(e) object to or restrict certain processing;
(f) withdraw consent;
(g) request data portability;
(h) opt out of certain targeted advertising, sales, or sharing;
(i) object to direct marketing;
(j) lodge a complaint with a supervisory authority; and
(k) appeal a decision concerning a privacy request where applicable.
These rights are not absolute. We may decline or limit a request where permitted by law,
including where information must be retained for legal, fraud-prevention, accounting,
contractual, or security purposes.
To exercise a right, contact admin@over40gymclub.com. We may request information reasonably
necessary to verify your identity and authority. Authorised agents may be required to
provide proof of authority.
10. SOUTH AFRICAN PRIVACY RIGHTS
Fusion Link (Pty) Ltd is subject to South Africa’s Protection of Personal Information Act,
2013 (“POPIA”) where applicable.
Under POPIA, you may have rights to request access to, correction of, or deletion of
personal information; object to certain processing; withdraw consent where processing is
consent-based; and lodge a complaint with South Africa’s Information Regulator.
Requests may be sent to:
Information Officer
Fusion Link (Pty) Ltd
Trading as Over 40 Gym Club™
Email: admin@over40gymclub.com
Information about the Information Regulator and its complaint procedures is available from
the Information Regulator of South Africa.
11. EEA, UNITED KINGDOM, AND SIMILAR JURISDICTIONS
Where the General Data Protection Regulation, United Kingdom GDPR, or similar law applies,
Fusion Link (Pty) Ltd is generally the controller for the processing described in this
Privacy Policy.
You may have the rights described in Section 9 and may lodge a complaint with the
data-protection authority in your country.
Personal information may be transferred to South Africa, the United States, and other
countries where we or our service providers operate. Where required, appropriate safeguards
will be used for international transfers, such as contractual protections, adequacy
mechanisms, or another lawful transfer method.
12. UNITED STATES STATE PRIVACY NOTICES
Certain United States state privacy laws may provide residents with additional rights.
These laws generally apply only when a business meets specified legal thresholds.
Where an applicable law gives you the right to opt out of targeted advertising, the sale of
personal information, or the sharing of personal information for cross-context behavioural
advertising, you may exercise that right through any privacy-choice or cookie tool made
available on the Store, through a recognised browser-based opt-out preference signal where
supported, or by contacting admin@over40gymclub.com.
We do not knowingly sell or share personal information of consumers under 16 for targeted
advertising.
We will not unlawfully discriminate against you for exercising an applicable privacy right.
13. CALIFORNIA NOTICE
This section applies only to the extent the California Consumer Privacy Act, as amended
(“CCPA”), applies to us.
During the preceding 12 months, we may have collected the following categories of personal
information:
(a) identifiers;
(b) customer-record information;
(c) commercial information;
(d) internet or electronic-network activity;
(e) approximate geolocation;
(f) audio, visual, or communications information;
(g) account login credentials; and
(h) inferences drawn from Store interactions.
We use and disclose these categories for the purposes described in Sections 3 and 5.
We do not sell personal information for money. If we enable advertising or analytics technologies,
disclosure to advertising or analytics providers may be considered “sharing” or “selling” under
the CCPA.
California residents may have rights to know, access, correct, delete, and opt out of sale or
sharing, subject to legal exceptions. Requests may be submitted to admin@over40gymclub.com.
We do not use sensitive personal information to infer characteristics about individuals or for
purposes that would trigger a right to limit under the CCPA, except to the extent otherwise
disclosed at collection.
14. CHILDREN’S PRIVACY
The Services are not directed to children under 13, and we do not knowingly collect personal
information directly from children under 13.
The Store is intended for adults. A person under the age of legal majority should use the Store
only with the involvement of a parent or legal guardian.
Contact us if you believe a child has provided personal information unlawfully. We will take
reasonable steps to investigate and delete information where required.
15. DATA RETENTION
We retain personal information for as long as reasonably necessary for the purposes described
in this Privacy Policy, including:
(a) providing the Services and fulfilling orders;
(b) maintaining transaction, tax, accounting, warranty, and consumer-protection records;
(c) resolving disputes, refunds, chargebacks, and support matters;
(d) preventing fraud and maintaining security;
(e) enforcing agreements; and
(f) complying with legal obligations.
Retention periods vary according to the type of information, our relationship with you, legal
requirements, and operational needs. When information is no longer required, we may delete,
anonymise, or securely isolate it.
16. SECURITY
We and our providers use reasonable administrative, technical, and organisational safeguards
designed to protect personal information.
No internet transmission, website, database, or storage system can be guaranteed to be completely
secure. You are responsible for using strong credentials and protecting your account information.
Where required by law, we will notify affected individuals and relevant authorities of a
qualifying personal-information security compromise.
17. INTERNATIONAL TRANSFERS
Your personal information may be processed in South Africa, the United States, and other
countries where Fourthwall, payment providers, manufacturers, carriers, analytics providers,
advertising platforms, or other service providers operate.
Those countries may have privacy laws different from the laws in your jurisdiction. We use lawful
transfer mechanisms and safeguards where required.
18. AUTOMATED DECISION-MAKING AND FRAUD SCREENING
Payment, security, and fraud-prevention providers may use automated systems to assess transactions
and detect suspected fraud or abuse.
These assessments may affect whether a payment or order is accepted, reviewed, or declined.
Where applicable law provides rights relating to solely automated decisions, you may contact us
to request further information.
19. AGGREGATED AND DE-IDENTIFIED INFORMATION
We may aggregate or de-identify information so that it no longer reasonably identifies an
individual.
We may use and disclose aggregated or de-identified information for analytics, reporting, research,
product development, advertising measurement, and other lawful business purposes. We will not
attempt to re-identify properly de-identified information except as permitted or required by law.
20. THIRD-PARTY LINKS AND SOCIAL MEDIA
The Services may link to third-party websites, applications, social-media profiles, or services.
Their privacy practices are governed by their own policies. We are not responsible for third-party privacy practices or content outside our control.
When you interact with our profiles or content on Facebook, Instagram, YouTube, X, Pinterest,
TikTok, or another platform, that platform may independently collect and process information.
21. DO NOT TRACK AND GLOBAL PRIVACY CONTROL
Some browsers transmit “Do Not Track” signals. Because there is no single generally accepted
standard for these signals, the Store may not respond to them.
Where required by applicable law and supported by our technology, we will endeavour to recognise
valid opt-out preference signals, such as Global Privacy Control, as a request to opt out of
applicable sale, sharing, or targeted advertising for that browser or device.
22. CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy to reflect changes in law, technology, service providers,
products, or business practices.
The revised policy will be posted on the Store with an updated “Last updated” date. Material
changes may also be communicated through the Store or by another appropriate method.
23. CONTACT US
The responsible party for this Privacy Policy is:
Fusion Link (Pty) Ltd
Trading as Over 40 Gym Club™
South Africa
Email: admin@over40gymclub.com
Website: https://over40gymclub.com
For order-specific support, you may also use the customer-support contact method displayed on
the Store or in your order confirmation.
