PRIVACY POLICY

PRIVACY POLICY

This privacy policy (“Privacy Policy”) describes how information and data is collected from you when you use our online website, mobile website, application, or digital service (collectively the “Platform”) and how World Gym International, LLC, including its subsidiaries/affiliates (“WGI”, “we”, “us”, or “our”), uses, shares and manages your information and data. By using Platform, you consent to the collection, use, processing, and sharing of your information as described in this Privacy Policy.

INFORMATION WE COLLECT

Account Data You Voluntarily Provide Us

We collect certain information that you voluntarily provide when you create an account with us. This information may include personally identifiable information such as your name, email address, date of birth, as well as a password that you create. You may access and make changes to your stored account information at any time by logging into your account.

When you purchase one of our products or services, we ask for additional personally identifiable information such as your credit card information and billing address solely for the purpose of processing your payment and fulfilling your order.

Usage Data We Automatically Collect from You

When you interact with our Platform, we obtain certain information by automated means, such as cookies, web server logs, and other technologies. This information may include your preferences and settings, IP address, browser type, web pages visited, date and time of those visits, content viewed, the website you arrived from, and other clickstream data. If you do not want this type of information to be collected, your computer or other device may allow you to block the use of these technologies (such as blocking cookies), provided doing so make affect the functionality of our Platform. In addition, we may utilize use web beacons (also known as “action tags” or “one pixel .gif files”), provided by our advertising serving partner, to measure the effectiveness of, and otherwise manage, our online advertising. These web beacons enable our advertising server to recognize you when you visit our web site and to determine which banner ads bring users to our Platform. We do not use spyware, adware or any other similarly intrusive software.

HOW WE CAN USE YOUR INFORMATION

The information we collect from you will be used to provide, improve and support the products and services offered through the Platform. We also use certain information that we collect for research regarding our customers’ online behavior. We may also use your information for legitimate interests and business purposes, including to contact you regarding new features, services, promotions, or user surveys or to respond to your comments or questions. If you wish to opt-out of future communications from us, you can follow the unsubscribe instructions contained in the message or contact our Privacy Policy Coordinator (see below).

HOW WE SHARE YOUR INFORMATION

Disclosure of Information

We may share your personally identifiable information with our web host, Intelivideo, as well as with our affiliates, franchisees and other third parties that provide us with services. Intelivideo may use your purchase information and billing address to calculate any applicable sales and use tax; however, Intelivideo is not responsible for payment of any applicable taxes and has no liability to you with respect to calculation of taxes or your purchase of our content. We require third parties to protect your information in a manner consistent with this Privacy Policy and to limit their use of your information to the provision of services to us. We do not sell or otherwise provide your personal information to any other third parties for the purpose of marketing their own products or services.

We may share anonymized information or aggregated data about our users with Intelivideo or other third parties for research, analytical and marketing purposes, such as analyzing usage patterns for certain content, services, advertisements, promotions, and/or functionality on our Platform and/or to our affiliates or other businesses or persons for the purpose of processing such information on our behalf.

We reserve the right to share your information in order to cooperate with law enforcement proceedings or governmental investigations, such as in response to subpoenas, search warrants, court orders, or other legal processes. You also acknowledge and agree that Intelivideo may disclose your purchase and billing information in order to cooperate with tax authorities’ inquires, law enforcement proceedings or governmental investigations, such as in response to subpoenas, search warrants, court orders, or other legal processes.

We may transfer information about you if we are acquired by or merged with another company, after which this information may become subject to a different policy. If this were to occur, we would notify you via email or post a prominent notice on our Platform before transferring this information.

If you provide your consent, we may share information with third parties about what you watch and other activity, such as viewing history and ratings. In addition, we also may use and share your viewing activity to improve our service or the experience for other users in a way that does not personally identify you to such users. You can set your sharing preferences in your account settings.

SECURITY

We implement generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. If you have any questions about the security of our web site, please contact our Privacy Policy Coordinator (see below). We cannot guarantee that your personal information may not be accessed, disclosed, altered, or destroyed as a result of a breach of our commercially reasonable efforts or as a result of any other event beyond our reasonable control. Accordingly, we cannot and do not guarantee that your personal information is completely secure and safe from such risks. FOR THE AVOIDANCE OF DOUBT, WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION OR USAGE INFORMATION.

TRANSFER OF INFORMATION

If you are located outside of the United States and you choose to use the Platform or provide your information to us, your data may be transferred to, processed and maintained on servers, databases or cloud storage facilities located in the United States. Your use of the Platform represents your consent and agreement to these practices. If you do not want your data transferred to or processed or maintained in the United States, you should not use the Platform.

THIRD PARTY LINKS

Our Platform may include links to third-party websites that have independent privacy policies. We have no responsibility for the actions or policies of those third parties or the content of their websites, their products or their services.

CHILDREN

Our Platform is intended for users who are at least 18 years of age. Individuals under the age of 18 must at all times use our Platform only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. The Platform is not intended for or directed to children under the age of 13, and we do not knowingly collect or store any personal information from children under the age of 13.

YOUR CALIFORNIA PRIVACY RIGHTS

This section describes certain rights available to you if you are a California resident (the “California Notice”) and is effective as of January 1, 2020. When we refer to personal information in this California Notice, we mean 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 individual that interacts with us, through use of our Platform.

CCPA

Beginning January 1, 2020, the California Consumer Privacy Act of 2018 (“CCPA”) provides California residents with certain rights and choices regarding our use and disclosure of your personal information, as described below:

Access

You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed and sold about you during the past 12 months.

Deletion

You have the right to request that we delete certain personal information we have collected from you, subject to certain exceptions provided under CCPA, such as where the information is necessary for us to complete your transaction or perform a contract between you and us.

Opt-Out of Sale

You have the right to opt-out of the ‘sale’ of your personal information.

For more details about the personal information we may have collected about you over the last 12 months, please see the “Information We Collect” section above. We collect and use your personal information for the reasons described in the “How We Use Your Information” section above. We also may use your personal information for the following business purposes specified in the CCPA:

·performing services;

·auditing related to a current interaction with you and concurrent transactions;

·certain short-term, transient uses;

·detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, or prosecuting those responsible for that activity;

·debugging to identify and repair errors that impair existing intended functionality;

·undertaking internal research for technological development and demonstration; and

·undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured for, or controlled by us.

WGI does not sell your personal information. We do not share information of minors under the age of 16 without their affirmative authorization. We share personal information with the categories of third parties described in “How We Share Your Information” above. We may have disclosed to third parties the following categories of personal information for a business purpose.

·Identifying information

·Biometric information

·Protected classification characteristics under state or federal law

·Commercial information

·Online activity

·Geolocation data

·Account Information

·Additional categories of personal information described in Section 1798.80(e) of the California Civil Code, such as signature, physical characteristics, payment card information and state ID card numbers

How to Submit a CCPA Request

To submit an access or deletion request or to opt-out of the sale of your information to third parties, please call us at (800) 544-7441 and request a form as directed or email us at privacy@worldgym.com with the subject line California Privacy Rights and state your request.

California Right to Non-Discrimination

If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us.

Verifying Requests

To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. In order to verify your identity when you request access to or deletion of your personal information, we may require you to provide certain information we are likely to already have on-file about you based on the type of relationship you have with us.

In addition, if you exercise your right to request specific pieces of your personal information, we will require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.

Shine the Light Requests

You also have a right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties. You may make one request per calendar year, and the information may be provided in a standardized format which is not specific to you individually. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at: World Gym International, LLC, 2618 San Miguel Dr. #286, Newport Beach, CA 92660, Attention: Legal Department, California Privacy Rights or at privacy@worldgym.com with the subject line: California Privacy Rights. Please allow up to thirty (30) days for a response.

YOUR EUROPEAN UNION PRIVACY RIGHTS

If you are a resident of the European Union or provide personal information through this Platform while located in the European Union, we offer you certain choices in connection with the personal information we collect from you on this Platform.

Users in the European Union may have the choice:

·to be provided with a copy of your personal data held by us;

·to request the rectification or erasure of your personal data held by us;

·to request that we cease processing your data;

·to request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example);

·to request that your data be transferred to you or a third party.

We may use your data for marketing purposes or disclose your information to any third party for such purposes with your consent, that you may provide by checking certain boxes on the forms we use to collect your data. You may object to receiving further marketing at any time without detriment. We will inform you prior to collecting or using your personal information for any purpose not set forth in this Privacy Policy or previously consented to.

To update your preferences and consents, ask us to remove your information from our mailing lists or submit a request, please contact the Privacy Policy Coordinator.

TERMS OF SERVICE

Please also visit our Terms of Service which govern the use, liability, and limitations of our Platform and services. This Privacy Policy is subject to the Terms of Service.

YOUR CONSENT TO THIS POLICY; CHANGES TO THE POLICY

By using our Platform, you consent to this Privacy Policy.

We reserve the right to make changes to this Privacy Policy at any time by updating this page and indicating the effective date of those changes. We will post a notice on the Platform to notify you of significant changes to our Privacy Policy. You should check the Privacy Policy from time to time to ensure you are happy with our current Privacy Policy. By continuing to use our Platform and services after those changes become effective, you consent and agree to be bound by the revised Privacy Policy.

MISCELLANEOUS

PRIVACY POLICY COORDINATOR

If you have any questions or concerns about any aspect of this Privacy Policy, please feel free to contact our Privacy Policy Coordinator at privacy@worldgym.com.

You may also reach at the following address: