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  1. IN-CLUB PRIVACY POLICY

BY USING THE COMPANY’S HEALTH AND FITNESS CLUBS, YOU AGREE TO BE BOUND BY THIS IN-CLUB PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS IN-CLUB PRIVACY POLICY, DO NOT USE OUR CLUBS OR SUBMIT PERSONAL INFORMATION TO US IN ANY MANNER.

Fitness International, LLC and its subsidiaries and affiliates, and their respective stockholders, directors, officers, employees, agents, successors and assigns (collectively, “we,” “us,” “our,” or the “Company”) is very sensitive to the privacy concerns of the visitors to its facilities. This In-Club Privacy Policy (this “Privacy Policy”) outlines the types of Personal Information that you may provide to us if you visit our clubs and explains how the Company handles such Personal Information. This Privacy Policy does not apply to Personal Information collected from you online through any website controlled by the Company. Your use of our clubs is subject to this Privacy Policy, the rules set forth in any membership or other services agreement you sign with us and any rules that are posted in our clubs.

Important Note for California Residents

Under the California Consumer Privacy Act (the “CCPA”), you have the right to know the categories of Personal Information collected by the Company and the purposes for which such Personal Information is used (which are disclosed in this Privacy Policy and our Online Privacy Policy), to access or ask for a copy of your Personal Information and to request deletion of your Personal Information, which you may do by visiting https://privacyrights.fitnessintl.com or by calling us toll free at 1-844-359-9398. You also have the right not to be discriminated against because you exercised any of your rights under the CCPA. We also provide you with the opportunity to correct your Personal Information if it is incorrect. We will respond to all reasonable requests in a timely manner and in accordance with applicable law. The Company does not sell any Personal Information that it collects.

Definition of “Personal Information”

“Personal Information” means information that can be linked to a visitor, identifies any visitor or could reasonably be used to identify such visitor that is submitted to or collected by the Company when you visit any of our clubs and that is maintained by the Company in an accessible form, and it includes information actively submitted by you, as well as information submitted by other members and guests via referrals or in connection with the purchase of a multi-person membership, as described below.

Collection of Personal Information in Clubs

Identifiers such as first and last name, home or other physical address, telephone number email address and signature are known to the Company only when voluntarily submitted, for example when enrolling as a member, checking-in as a guest or purchasing other services from the Company, or via referrals from other members or guests or in connection with the purchase of a multi-person membership that includes you as a member. Likewise, if you become a member, you may be asked for your photograph, if you visit as a guest, you may be asked for identifiers like a driver’s license number, and if you choose to participate in a fitness assessment, a free class or the like, you may be asked to provide identifiers relating to your fitness level, such as your age, height and weight. Similarly, financial information, such as credit or debit card numbers, is known to the Company only when voluntarily submitted in connection with purchasing goods or services available at a club. Certain commercial information, such as products or services purchased, considered or used, is also collected by the Company.  Such identifiers, financial information and commercial information is collected for the purposes of transacting a sale and supporting a consumer’s use of our facilities, products and services (for example, health club membership and access). Such information may also be used to evaluate and improve our customers’ experience, analyze trends, administer our facilities, review of the number of visitors to our clubs and track members’ and guests’ use of our facilities.

Use of Personal Information

In addition to any other uses set forth herein, Personal Information may be used: (1) to help the Company better understand visitors’ use of our clubs; (2) to respond to specific requests from visitors; (3) to provide notices to visitors, such as marketing information, discount coupons and new product offerings; and (4) to protect the security or integrity of  our facilities. The Company may also use Personal Information for other business purposes, such as to offer you the opportunity to receive notices regarding the Company’s products or services, to invite you to participate in surveys about our products, to notify you about special promotions, and for purposes of data analysis, audits, fraud monitoring and prevention, developing new products and services, enhancing, improving or modifying our services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.

Consolidation of Personal Information

The Company may consolidate and anonymize the Personal Information of individuals who visit our facilities. The Company may use such information to help us better design our clubs and our products, to communicate information to you, to enhance our marketing and research activities, to facilitate other business functions and for the other purposes set forth in this Privacy Policy.

Limitations on Collection of Personal Information

You may always limit the amount and type of actively-transmitted Personal Information that the Company receives about you by choosing not to provide any Personal Information. However, some services can only be provided to you if you provide appropriate Personal Information; for example, certain financial and other information is required to purchase a membership.

Transmission of Personal Information to Third Parties

Unless otherwise disclosed, Personal Information will not be sold, transferred or otherwise disclosed to anyone other than authorized recipients. However, the Company reserves the right to disclose Personal Information to respond to authorized information requests from government authorities, to address national security situations, or when otherwise required by law, in the Company’s sole discretion.

Additionally, if the Company sells one or more of its product lines, divisions or assets, Personal Information may be transferred to the buyer so that the buyer can continue to provide you with information and services. Similarly, if the Company purchases a product line or division or other assets from a third party, Personal Information may be transferred from the seller to us so that we may continue to provide you with information and services.

Personal Information may also be shared by the Company with its affiliates and its and their respective franchisees, and with vendors that help access and manage the information (all of the foregoing collectively, “authorized recipients”), but in all instances the information will be used only for the purposes enunciated in this policy.

Finally, if you are accessing our facilities in connection with obtaining discounted access to services offered by the Company or in connection with a third-party program offering rewards, reimbursements, benefits or other incentives based on your use of the Company’s services (including a right to access to our clubs that is available through an employer, health insurer or other group, a “Third-Party Offer”), the Company may share your Personal Information (including identifiers such as a unique personal identifier and commercial information such as your use of such services or the number of times you visit a club each month) with the applicable third party in accordance with the terms of such Third-Party Offer but solely for the business purpose of facilitating the provision of such discounts, rewards, reimbursements, benefits or other incentives to you under Third-Party Offer. You may always request that we stop sharing such information. However, in that case, you may not be eligible to access our facilities or obtain any such rewards, reimbursements, benefits or other incentives.

Security of Personal Information

We seek to use industry standard physical, technical, contractual and administrative security measures designed to protect your Personal Information. However, no safeguards are 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us.

Personal Information Related to Children: A Note for Parents or Legal Guardians

The Company is committed to protecting children’s privacy. While the Company may allow minors to use its clubs, it limits the amount of information it collects about such individuals to identifiers and commercial information as described above, and it does not sell any such information. Notwithstanding the foregoing, the Company does not intend to, or knowingly, collect any Personal Information of children under the age of 13, except in the limited cases where a parent or guardian purchases Kids Klub (babysitting) services for a minor under the age of 13 and provides, on behalf of such minor, certain identifiers such as the child’s name. If the Company becomes aware of a child under the age of 13 providing Personal Information directly, it will attempt to delete that information. If your child under the age of 13 has provided Personal Information to us, please contact us so it can be deleted.

Acceptance of Privacy Terms and Conditions

Your access to and use of the Company’s facilities is subject to this Privacy Policy, the rules set forth in any membership or other services agreement that you sign with us, any rules that are posted in our clubs and all applicable laws. By accessing and using our facilities, you accept, without limitation or qualification, this Privacy Policy. The Company reserves the right to at any time revise this Privacy Policy without prior notice to reflect technological advancements, legal and regulatory changes and good business practices. If the Company changes its privacy practices, a new Privacy Policy will reflect those changes and the effective date of the revised Privacy Policy will be set forth in the new Privacy Policy. You are bound by any such revisions and should therefore periodically review the then-current privacy terms and conditions to which you are bound. If you have questions about the use, amendment, or deletion of Personal Information that you have provided to the Company, or if you would like to opt out of future communications from a Company business or a particular program, please contact us by clicking on the “Contact” link on our Website or by writing to us at:

Attn: Chief Privacy Officer
P.O. Box 54170
Irvine, CA 92619-4170

In all communications to the Company, please include the e-mail address you have previously provided to us (if applicable), the website address or the specific program to which you provided Personal Information and a detailed explanation of your request. If you would like to delete or amend your Personal Information and are contacting us by e-mail, please put “Deletion Request” or “Amendment Request”, as applicable, in the subject line of the e-mail. We will do our best to respond to all reasonable requests in a timely manner, in accordance with applicable law.

This Privacy Policy is effective as of January 1, 2020.