Privacy Policy 

PRIVACY NOTICE 

ABC FITNESS SOLUTIONS, LLC 

Effective Date: January 1, 2020 

ABC Fitness Solutions, LLC (“ABC” or “we”) offers health club software-as-a service (the “Software”) and third-party payment processing and collection  services (“Payment Services”) to health clubs. We also operate a website site  located at www.abcfitness.com (the “Website”) and, as components of the  Software, we operate various software applications, such as myiclubonline  (the “Applications”). This Privacy Notice describes our current policy regarding  the collection, maintenance, and disclosure of information concerning the  general public who may visit our Website and health clubs and health club  members who use our Payment Services or our Applications. 

Our privacy policies and this Privacy Notice may change from time to time.  Your continued use after we make changes is deemed to be acceptance of  those changes, so please check the policy periodically for updates. 

California Consumers – ABC’s California Consumer Privacy Notice is  available here. 

Information Collection and Use—Generally 

If a health club purchases Payment Services, we collect personal information  from a health club member (“you”) when you contract with a health club and  create a health club member account. If your health club has purchased the 

Software, then through your use of our Applications, we collect information  when you use your health club’s facilities and services. We may also receive  personally-identifiable information from our resellers and other business  partners.

By using our Website, Applications, products, services, features, tools, or  resources, you agree to the terms of this Privacy Notice and our Terms of Use.  You may not use our Website, our Applications, or our products or services if  you do not agree to this Privacy Notice and our Terms of Use. You may refuse  or withdraw your consent at any time; however, we may not then be able to  provide you with our full range of products and services. 

This Privacy Notice does not apply to the practices of companies that we do  not own or control, or to people that we do not employ or manage. In  particular, if you access our Applications through your health club’s website,  you may want to review your health club’s privacy policy because this Privacy  Notice does not apply to your health club’s website and we do not review or  monitor any health club’s website and we are not responsible for the contents  or privacy policies related to any other website. Likewise, if our Website  contains a link to a website owned and/or operated by someone else, such  website’s use may be subject to different and additional terms of service and  privacy policy terms and conditions. 

We may also use third-party vendors, such as Google Analytics, to advertise  to our users online. These third-party vendors may display product  advertisements on other websites based on your internet usage. More  specifically, these vendors use first-party cookies (such as the Google  Analytic cookie) and third-party cookies (such as the DoubleClick cookie)  together to inform, optimize, and serve ads based on your past visits to the  Website or another site affiliated with our products or services. Any  information that these third parties collect via cookies is not linked to any  personally identifiable information (name, address, email address, or phone  number) we collect or you provide on the Website. You can opt-out of Google  Analytics for Display Advertising by using Google’s Ads Settings. 

Information Collection and Use—Payment Services 

When a health club purchases Payment Services and registers with us, we ask  for the contact information (such as name, street address, and email  address) of an individual responsible for the health club, as well as certain  information pertaining to the health club’s business, including, without 

limitation, billing information such as a bank account and/or credit card  number. 

In the course of processing a payment transaction, we typically receive from  the health club or a financial institution information related to the transaction.  This normally includes information about the payment that a health club  member has furnished the health club or financial institution in placing the  order. 

Although the personally-identifiable information we acquire in processing  payment transactions varies according to the nature of the transaction and  the way in which a health club or financial institutions uses our Payment  Services, the information collected typically includes: name, postal address,  email address, phone numbers, bank account or credit/debit card  information, photographs, and communications with us including e-mail  correspondence and audio recordings of phone calls with consumers about  their accounts. We use information we collect or obtain in connection with our  Payment Services to communicate with health club members, process and  collect payments owed to its health club clients, and maintain up to date  account information for consumers. A payment transaction may include, for  example, the amount of the transaction, the consumer’s name, credit card  number and expiration date, checking account number, billing address, and  shipping address. 

In providing Payment Services, we use the information collected to fulfill a  health club’s requests for certain products and services, to process payment  transactions, to facilitate billing, and otherwise deliver the Payment Services.  We may also send Health clubs service announcements, newsletters, and  periodic notices about specials, new products and services, and products  and services offered by our business partners. In connection with our  Payment Services, we use personally-identifiable consumer information to  process payment transactions and for no other purpose. We may also collect  personal information about you from other sources as needed to complete  your transactions with your health club to deliver communications to you  more easily. We obtain information from our health club clients and third-parties, such as public records databases, that provide updated contact  information to us. 

Information Collection and Use—Software, Applications, and Website 

If a health club purchases our Software, through your use of our Applications,  we collect information associated with your use of your health clubs’ services.  Depending on what services your health club acquires from us, this  information may include information such as your health club facility access,  health club facility utilization, health club equipment usage, and, if your health  club has created custom data fields, biometric information such as heartrate,  body measurement, or performance information. We use information we  collect or obtain in connection with our Software to provide the Software to  your health club. 

The information we may collect through your use of our Applications may  include, but is not limited to: 

• your contact information to create an account, such as your first name,  last name, phone number, and email address; 
• information to register for your account in our Applications, such as first  name, last name, email address and other health club membership  information, as well as a username and password to access our  Applications; 
• your transaction history relating to the use of your health club, which  may include your purchase of certain products or other information you  wish to share with your health club through our Applications; 
• health club membership-related information, such as your home  address, your health club location(s), key FOB number, and  membership number; 
• fitness-related information you provide in the membership process,  such as your height, weight, general fitness-related goals or other  information helpful to achieving your fitness goal;
• information regarding training sessions, classes, or other information  regarding your utilization of services from your health club; 
• correspondence with your personal trainer or health club regarding  your activity; 
• information provided by you when you participate in a survey or  communication to you regarding your use of our Applications, or  utilizing services offered by your health club; 
• information provided by you to participate in advertising contests or  sweepstakes; 
• various account information related to your health club membership to  allow you to update credit card, bank account, other payment  information, or any other information regarding your profile; 
• if we offer alternative sign ins, we may collect certain sign on  information you have provided to third parties, such as Facebook or  Twitter, when you sign on to use our Site or Apps through these third  parties; 
• computer data or files, often called “cookies,” which may be sent by  your web browser and stored on an individual computer to allow our  server to “recognize” you through the navigation of the Site and for us to  credit your account for various online transactions; 
• Your IP address to measure our website traffic and to help provide a  more personalized experience. 

To fully utilize the products and services available through our Applications,  you may choose to download separate applications owned and operated by  unrelated third-parties, and you may opt to have the information entered into  those applications automatically integrate with our Applications, or vice versa. Information entered and retained on any third-party application is  governed by the third-party’s privacy policies and terms and conditions. We  may also integrate our Applications with other applications or platforms, such  as a wearable device tracking application or additional applications that are useful to integrate your fitness goals and activity. If you choose to integrate  information collected by a separate application or entity, once integrated  with our Applications, we will also have access to and the right to use the data  provided to your member profile. Any of these third party applications will  have their own privacy policies and terms regarding the collection, use and  maintenance of data entered through that third party application. 

Children Under the Age of 13 

Our Website and our Applications are not designed for or directed at children  and we do not knowingly collect information from any person under the age  of 13. If you are under the age of 13, please do not submit any personal  information to us through the Website or any Application. If we learn we have  collected or received personal information from a child under 13, we will  delete that information. 

Information Sharing and Disclosure 

Protecting personally-identifiable information about health clubs and  consumers is an important part of our business. We share and disclose such  information as described below: 

We may share personal information about you with your consent or as  permitted or required by law. We may share information with our health club  clients, debt collection agencies with whom our health club clients contract,  service providers we hire to perform functions on our behalf or to assist us in  carrying out our Payment Services, and other parties involved in processing  the transactions between you and your health club in relation to your health  club account. If a health club purchases our Software, we may also share  personal information about a consumer with third-party vendors, such as  fitness-related software applications, with which either your health club or  you have contracted to provide services directly to you. 

We also share information when it is appropriate, necessary, or required to  comply with law; when it is necessary to enforce or apply the terms and  conditions of our Merchant Agreement with a health club or other applicable  agreements; or when it is necessary to protect the rights, property, or safety of our users, or others, which may include the exchange of information with  other organizations for fraud protection and/or risk reduction. 

In the event that we are acquired, health club account information and your  account information may be one of the transferred assets. 

Information Security 

Information security is critical to our business. We work to protect the security  of your information during transmission by using Secure Sockets Layer (SSL)  software, which encrypts information you input. We store information  gathered on secure computers located in a locked data center. The number  of employees involved in the management of the data center that have  physical access to these computers is limited. We use firewalls and other  security technology to prevent our computers from being accessed by  unauthorized persons. 

We also require that any personally-identifiable consumer information sent to  us by you be encrypted using SSL encryption. To learn more about SSL,  visit: ssl.com 

It is important for you to protect against unauthorized access to your Login  ID/password and to your computer. Be sure to sign off when finished using a  shared computer and otherwise protect the password used to access the  services of ABC. 

We take reasonable precautions and have implemented managerial and  technical procedures to try to protect the security of data and information,  including personal information. However, we cannot guarantee against any  loss, misuse, unauthorized disclosure, or alteration or destruction of data or  personal information. You provide your personal information to us at your own  risk. You acknowledge that: (1) there are security and privacy limitations in  computer systems and on the Internet which are beyond our control; (2) the  security, integrity, and privacy of any and all information and data exchanged  between you and us through the Websites and/or the Applications, including  personal information, cannot be guaranteed; and (3) any such information  and data, including personal information, may be viewed or tampered with 

by a third party while such information or data is being used, transmitted,  processed, or stored. 

Account Information and Preferences 

We give you the ability to edit your account information and preferences at  any time, including whether you want us to contact you about specials and  new products, by contacting Client Services at 888-622-6290. 

Notice for non-US Users 

We are located in the United States. Any information that you provide to us  will be transferred out of the country in which you reside and into the United  States. By providing personal information to us, you are consenting to its  storage and use as described herein. 

Changes to this Privacy Policy 

We reserve the right to modify or amend this Privacy Notice at any time and  for any reason. If there are material changes to this statement or in how we  will use personally-identifiable information, we will post notice on our Website  prior to implementing the change. The amended Privacy Notice shall  automatically become effective immediately after they are posted. Your  continued use of the Website or our Applications after the posting of the  amended Privacy Notice on the Site constitutes your affirmative: (a)  acknowledgment of the terms and its modifications; and (b) agreement to  abide and be bound by the terms, as amended. 

If you have additional questions about this Policy, please contact Client  Services at 888-622-6290.