PRIVACY POLICY

1. Collection of Personal Information

Personal information may be collected from you when you contact us, register with our Site and App, when you provide it directly to us by signing up for an account or becoming a member, complete any form, subscribe or opt-in to receive emails, phone calls, or text messages, submit a message through the contact us form, submit information via our Site or App that request that you enter information for a specific purpose, when you make a purchase or provide payment information, visit or interact with our Site or our App, by providing personal information to a HOTWORX franchise location, when you sign up for a trial workout, in connection with an application to become a franchisee, while participating in advertising contests, surveys, competitions or sweepstakes, or if you provide information to us through any other digital or personal communication.

The type of information that we collect varies and may include, but is not limited to, your name, email address, mailing address, telephone number, date of birth, social security number, membership information, fitness-related information, and/or financial and/or payment information.

Additionally, location or geolocation information may be obtained directly from your mobile device, wireless carrier or certain third party providers to allow tracking of your activity. We may also collect log information as you use our Site and App, including your Internet Protocol address, browser type, computer type, type of mobile device, the service provider for your mobile device, your navigation of the Site and App, time and date of your use of the Site and App, form plug-in, and other data collected automatically through digital logging, analytic tools, cookies and pixel tags. Information collected by us is voluntarily provided by you and may be used in conjunction with other information you have provided to an individual franchise studio location.

If you are a HOTWORX® member, you may opt to integrate information from your membership account with the Site and our App. You will have the opportunity to opt-in to that integration of information across different platforms. Our App may offer features that enable users to connect their third party fitness devices or third party applications (collectively, “Third Party Apps”) in order to utilize certain features and functionalities, and we collect information from certain Third Party Apps when these features are used. Our Site and App may also collect general information about your technology interface and preferences. Some personal information is mandatory for the performance of certain services or features, and if not entered, you may not be able to use or participate in those online services or features.

2. Use and Disclosure of Personal Information

We may use the information we collect from you to provide the information, products, services, and resources offered on our Site or through the App, including but limited to the following purposes:

• Contact you with communication via email, telephone call, or text message
• To provide our services to you, to communicate with you about your use of our services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
• Process or update information provided by you, including membership information, payment or credit card information;
• Provide you with information regarding studio locations nearest you;
• Provide you with information regarding products, services, offers, and opportunities based on your requests or other information we think may interest you.
• Conduct online competitions, contests, sweepstakes, giveaways, referrals, questionnaires, surveys, etc.
• Send you electronic communications you have requested, such as text messages, push notifications through your mobile device and notification through our App
• Personalize user’s experience and to allow us to deliver the type of content and product offerings in which you expressed interest
• Provide you with content and updates based on geo-location information submitted to us
• As part of our general business operations, compliance with legal obligations and for other business administration purposes
• To develop our franchise program. Thus, if you inquire about operating a HOTWORX franchise, we will use your information to assess your suitability for owning one of our franchises.
• Where we believe necessary to investigate, prevent or take action regarding illegal activities, potential threats to safety or property, or violations of this privacy policy or other terms of use.
• Contact you regarding updates to the Site, App, or provide administrative notices to you

Personal data may be shared with third parties, including service providers, affiliates, franchisee(s), and other partners. This may include, but is not limited to:

• Sharing data among our affiliated entities
• Sharing data with franchisees
• Sharing data with third parties when you ask us to do so
• Sharing personal data with service providers that provide services to us and/or to you directly, such as payment processors, point-of-sale platforms, other processing services, marketing, advertising and business development partners, including consultants and commercial mail and email providers, partners that assist us with operations and infrastructure, including engineers, software and web developers, hosting providers, and other vendors that we engage so that they may provide services to us or on our behalf

SMS opt-in, opt-out, and phone numbers we collect from you will not be shared with third parties and affiliates for marketing purposes.

While we try to be selective in working with third parties, we are not responsible for their use of your personal information. We may transfer to our online service providers personal information you provide to us so that these parties may store and process your personal information. We may also share aggregate, de-identified, or anonymized information about users and members with third parties for marketing, advertisings, search or similar purposes. Except as described in this section, we will not give or sell your personal information to any other party for its use in marketing or solicitation without your consent.

We may also disclose personal information in any of the following circumstances: (1) in response to a subpoena, search warrant, court order or other legal process or request, or as may otherwise be required by applicable law or regulation; (2) to the extent necessary to protect our rights and/or property; (3) in the event of a reorganization, sale or merger with another company, as part of the sale, assignment or transfer of our business assets; (4) where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, potential threats to safety or our property, violations of this policy or other terms of use, or as evidence in litigation in which we are involved.

3. Our Use of “Cookies” and Digital Tracking Methods

We and our third party service providers use cookies and other tracking mechanisms to track information about your use of our Site and App. This information may be combined with other personal information we collect from you (and our third party service providers may do so on our behalf).

Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (with your permission) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. They can be used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. Your browser settings offer the option to have your computer warn you each time a cookie is being sent or turn off all cookies. You do this through your browser settings.  We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. If you disable cookies, some features will be disabled and some of our services may not function properly.

4. Third-Party Ad Networks/Social Networks

We use third parties such as network advertisers and social media, including Facebook, to serve advertisements on third-party websites or other social media platforms. This enables us and these third parties to target advertisements to you for products and services in which you might be interested. Third party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs) and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third party advertisers with information, including personal information, about you to assist us with this advertising.

5. Third-Party Links

Our Site and App may contain links to third-party websites. Any access to and use of such linked websites is not governed by this privacy policy but is instead is governed by the privacy policies of those third party websites. We do not review or monitor the web sites linked to the sites and are not responsible for the contents or privacy policies related to any other web sites. If you visit or use one of these third-party sites or apps, you may want to review the privacy policy on that web site. Additionally, links to our Site and App may be included on other sites or apps not owned or operated by us.

6. Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. We have not enabled Google AdSense on our Site but we may do so in the future.

7. Security of Personal Information

Reasonable precautions have been implemented to protect the information we collect from unauthorized access to or misuse of the personal information you provided to us. Your personal information is contained behind secured networks and is only accessible by a limited number of individuals who have special access rights to such systems, and are required to keep the information confidential. Please be aware that despite our efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone and computer by, among other things, signing off after using a shared computer, choosing a robust password and refraining from sharing your password with others.  We are not responsible for any lost, stolen or compromised passwords or for any activity on your account via unauthorized password activity.

8. Opt-Out/Unsubscribe

You have the right to make choices about how we communicate with you and how we process certain personal data. If at any time you would like to opt-out or unsubscribe from receiving future communications based on information you’ve submitted to us, follow the unsubscribe instructions at the bottom of each email or by responding STOP to communication via text message. Please note that it may take up to 10 business days for us to process unsubscribe requests.
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If you want to limit or prevent our ability to receive location information from you, you can deny or remove the permission to access location information or deactivate location services on your device. Please refer to your device manufacturer or operating system instruction on how to do this.

Our franchisees also send their own marketing communications. If you no longer wish to receive marketing emails or texts from our franchisees, you will need to separately opt-out of the respective franchisee’s marketing communications. We do not control and are not responsible for, the promotional communications sent by our franchisees.

9. California Privacy Rights

Under California law, California residents are entitled to request certain information regarding our disclosure of personal information to third parties for direct marketing purposes.   To make such a request, please contact us at the address below, including in the subject line “California Privacy Rights Request” and also include your name, street address, city, state and zip code.

10. Other Important Information

• Our Site and Apps are not designed for children and we do not specifically market to children under 13. Children under the age of 13 should not use the Site or the App or submit any personal information to us through the Site or any App.
• Should a data breach occur, we will notify the users in the delay and the manner provided by law;
• In communicating with you, we will not use false, or misleading subjects or email addresses, will identify the message as an advertisement in some reasonable way, will allow users to unsubscribe by using the link at the bottom of each email and will honor opt-out/unsubscribe requests quickly.

11. Changes To The Privacy Policy

• This privacy policy is current as of the effective date above. We may change this policy from time to time, so please be sure to check back periodically.  We will post any changes to this Privacy Policy on our Site and App.  Your continued use of the Site and App after such changes constitutes an acceptance of those changes.

12. Contact Us