FIT2GO PRIVACY POLICY – short version

We don’t sell, trade or share your online and offline info outside of our company.

FIT2GO PRIVACY POLICY – long version

Last Updated: July 5, 2023

Welcome to the Fit2Go Privacy Policy!

Welcome to www.Fit2Go.me Inc. (together with our affiliates, “Fit2Go”, “we”, or “us”). This Privacy Policy is meant to help you understand how we collect, use and share information to operate, improve, develop and help protect our services, or as otherwise outlined in the Policy. This includes how we collect and process your personal information such as when you visit Fit2Go sites, use any Fit2Go services including Fit2Go applications (the “App”), or when you interact with us via our call centers, customer support service including live chats and e-mail communications, social media channels, as well as other online and offline services we provide (together, the “Services”). This Privacy Policy applies to our Services except where otherwise noted.

Why This Matters

Fit2Go uses technology and design to connect the world through fitness and empowers our members to be the best version of themselves. Our goal with this Privacy Policy is in line with our mission as a Member first company and is intended to empower our Members with the knowledge and understanding of what information Fit2Go collects, uses and shares transparently.

Please be sure to read this entire Privacy Policy before using or submitting information through the Services. By using or submitting information through the Services, you are agreeing to the collection, transfer, manipulation, processing, storage, disclosure and other uses of your personal data as described in this Privacy Policy and to be bound by the terms of this Privacy Policy.

Contents

• WHAT PERSONAL INFORMATION WE COLLECT
• HOW WE USE PERSONAL INFORMATION
• WHO WE SHARE YOUR PERSONAL INFORMATION WITH
• COOKIES AND SIMILAR TRACKING TECHNOLOGIES
• FITNESS DATA
• INTERNATIONAL DATA TRANSFERS
• YOUR RIGHTS
• DATA RETENTION
• SECURITY OF YOUR INFORMATION
• LEGAL BASIS FOR PROCESSING
• CHILDREN’S PRIVACY
• HOW TO CONTACT US
• UPDATES TO OUR PRIVACY POLICY
• WHAT PERSONAL INFORMATION WE COLLECT

The personal information that we process about you broadly falls into the following categories:

• Information that you provide to us

We collect personal data from you when you provide such information, such as when you access, complete and/or use one of our registration forms, interact with our content, contact us with inquiries, respond to one of our surveys, purchase, or use certain Services. If you interact with our Services, you may be asked to provide personal data in order for us to provide the Services as described:

Demographic Data. Account Information: such as your name, address (including zip code), email, zip code, date of birth and phone number that you provide to us, for example, when you register for any Fit2Go Services, subscribe for Fit2Go marketing, communicate with us or register for a membership or wellness activities.

Personal Records. Purchase Information: Payment information (such as your credit card number), order details, delivery information (such as shipping and delivery address) that you provide when you purchase any Fit2Go Services.

Account Registration. User Profile Information: Any information that you provide to us in connection with your Fit2Go “User Profile”, such as demographic data listed above, username, and any additional information you choose to provide to enhance your use of the Services, including your weight, height, gender, general location, tags, image or avatar.

Content and Context.

Voice and Likeness: Your visual image, likeness and voice recording (e.g., via photographs, video and/or CCTV) if you visit our studios and/or participate in live studio classes.

User Generated: Any content or material you publish or post such as hashtags, photos or videos on our Services.

Other Providers. Partners: We may, with your consent, collect information from your use of other connected devices, including those made by other companies, to interact with our Services, such as activity trackers.

Feedback and Support. Communications Information: Any details of your communications/interactions with us, including when you call, email, live chat, video call or text with our customer or technical support teams or communicate with us via social media channels or community forums. We may record customer and technical support calls for training and monitoring purposes and to help resolve customer issues. We will tell you before recording and, where required by applicable laws, obtain your consent for the collection of these recordings. We collect and use this data based upon our business need to receive and act upon your feedback or issues.

Surveys. Survey and Review Information: Any information you voluntarily provide to us (or otherwise publish) in connection with a survey you complete or review / testimonial you provide about Fit2Go goods and/or Services. We may collect this information to understand your opinions, better market our services and to collect relevant information about our business.

Promotions. Promotions, Sweepstakes and Competition Information: Any information that you provide to us in connection with any promotions, sweepstakes and/or competitions we run, including for example, responses to competition questions.

Other Information. Other User Information: Any other information that you may provide to us in connection with your use of Fit2Go products or Services, visits to Fit2Go studios, retreat centers or retail shops and / or other contact that you have with the Fit2Go team.

• Information that we collect automatically

Information generated through use of the Services. This includes activities such as classes registered for and participated in, Fit2Go members you are following and who are following you, details of workout performances such as leaderboard rank, total workout output, workout speed, distance and calories burned, in-studio attendance history and, if you have chosen to connect a heart rate monitor, your workout heart rate.

Fitness Data. We may collect fitness data which may include information relating to your fitness performance and/or workouts, such as calories burned in a class. We carry out this processing for the purposes of providing workout recommendations to you based on our inferences about your preferences and practices, such as making recommendations about certain muscle group exercises based on your previous exercises. Any connections to other fitness devices such as heart rate monitors require your consent. We do not use your Fitness Data for identification purposes.

Information from your device.

Device Data: Information from and about the device you use when you use our Services (whether your desktop, mobile, tablet, bike or fitness tracker) including IP address, identifiers, type, mobile carrier, browser type and language, location (see below) and operating system.

Usage Data: We may also collect information about how your device interacts with our Services, such as the content you access, pages and sites visited before and after you reach the Services, the date and time of your use, the amount of time spent on the Services, and other actions taken through use of the Services such as preferences.

Location Information. Depending on how you use the Services and your device settings, type and connectivity, we may collect location-based information including your IP address, GPS location, city, county, zip code and region and your smart device’s proximity to “beacons”, Bluetooth networks and/or other proximity systems. You will have the ability to opt-in or out of our collection of location information by selecting the location and Bluetooth settings in your device but this may affect your ability to use certain location dependent Services (such as track your run functionality).

Some of this information may be collected using Cookies and Similar Technologies as described below.

• Information we collect from other sources

Other Applications. If you access our Services through a third-party application, such as the Apple App Store or Google Play App Store (together with any similar applications, “App Stores”) or Social Networking Sites (“SNS”) such as Instagram, Twitter or Facebook, we may collect information about you from that Third-Party application that you have made public via your privacy settings. This may include: your name, your SNS user ID, your App Store user name, location, sex, birth date, email, profile picture and your contacts on the SNS.

Security. Security and Safety: We may collect certain information in order to protect and verify your information and our Services. This may include Device IP, Location, and other identifiers with a third-party application to ensure your safety and the security of your account.

Other Sources. We may receive information about you from other sources to supplement information provided by you. The supplemental information allows us to enhance our ability to provide you with information about our business, products and Services and to provide you with any marketing communications that you have provided your consent to receive. Please see Your Rights below for how to unsubscribe.

This may include:

• Marketing such as where we are conducting a joint marketing campaign with a selected partner and you have provided consent for us to receive your information or data resellers whose data may be used for research or marketing purposes.
• Publicly available sources
• Partners we work with may, with your consent, collect information from your use of other connected devices, such as those made by other companies, to interact with our Services, such as activity trackers.

• HOW WE USE PERSONAL INFORMATION

We use your information for the following purposes:

• To provide you with the Services
• To communicate with you
• To send you marketing
• For analytics, research and product and Service improvement purposes
• For quality assurance and training purposes
• For personalisation and advertising
• To ensure the security and integrity of our Services
• To comply with any applicable law and/or regulations
• For any other lawful business purpose

To provide you with the Services. Fit2Go uses data to operate, improve, maintain and personalize our Services. We use data to:

• Verify your identity, set up and maintain your account;
• Process payments and fulfill product orders;
• Provide access to class bookings and participation, workout tracking performance and statistics;
• Communicate and track your workout among other Fit2Go Members;
• Maintain our services and operations.

To communicate with you. Supporting and communicating to you when you require it such as for:

• Administrative matters (such as account management, updates to terms, or system maintenance);
• To provide you with information about our Services (such as product delivery and logistics, servicing and technical support);
• To respond to any questions, comments or requests you have about our Services.

To send you marketing. Fit2Go uses data to market its Services, which may include:

• Contacting you by phone, email, postal mail, push notifications, in-app messages or SMS with information about news, offers, products, promotions, events, contests and/or Services that might be of interest to you, as permitted by applicable law. This may include various usage data to send marketing communications that are personalised. Please see Your Rights below for how to unsubscribe.

For analytics, research and product and Service improvement purposes. Fit2Go works everyday to improve your experience by using data:

• Including monitoring and measuring your use of our products and Services and conducting research/surveys, to understand how they are being used and how they can be improved;
• Financial analysis and analytics to understand billing, pricing and other financial matters that can be improved.

For quality assurance and training purposes. Fit2Go puts members first and we use data to further that value by:

• Monitoring communications and interactions with you to ensure the quality of our customer and technical support services, appropriate training of our people and to resolve your complaints. We will provide notice and consent options for monitoring of communications as required by applicable law.

For personalisation and advertising. Fit2Go uses data for personalization and advertising that may include:

• Providing you with a personalised and tailored Service, to serve you with Fit2Go advertising on third party properties;
• To serve you with relevant advertising and content on our Services;
• We may contract with third-party advertising companies and social media companies to display ads on their service. These companies may use cookies and similar technologies to track your activity, the information collected by these third parties in this manner is subject to that third party’s own privacy policies. We may also use aggregated information from these sources for creating similar audiences in order to better target advertisements on their networks to potential consumers who appear to have shared characteristics. See our Cookie Policy and Your Rights;
• Understanding and assessing the effectiveness of our ads displayed;
• To provide workout recommendations to you based on our inferences about your preferences and practices.

To ensure the security and integrity of our Services. Providing a safe and secure environment is key to providing a responsible platform and we do this by using data to:

• Detect and combat any abuse or any harmful activity, fraud, spam, and illegal activity affecting our Services such as using personal identifiers, user profile, data usage, and other types of data to detect fraud, authentication or other harmful activity;
• Monitor CCTV images, the prevention & detection of crime and for the health and safety of individuals on Fit2Go premises.

To comply with any applicable law and/or regulations, legal proceedings. We use data to investigate disputes or claims related to our Services. In certain circumstances, we may be obligated to use your information to respond to legal, government or regulatory requests.

For any other lawful business purpose. Including any incidental business purpose related to or in connection with any of the above, or for any other purpose disclosed to you at the point at which we collect your personal information.

• WHO WE SHARE YOUR PERSONAL INFORMATION WITH

We may disclose your personal information to the following categories of recipients:

Group Companies. We may share your personal information with other Fit2Go related companies and our group for purposes consistent with this Privacy Policy. Fit2Go has in place an intra-group data transfer agreement which covers the transfer of personal data on an intra-group basis in accordance with European Union, UK and Australian data protection laws.

Service Providers. Third Party Service Providers and Business Partners: We may share your personal information with our third party service providers (such as those who provide IT, analytics, payment processing, and customer sales, cloud storage providers, technical support or delivery services), third party business partners who otherwise process personal information for purposes that are described in this Policy (such as advertising and marketing partners, research partners, consultants) or who are otherwise disclosed to you when we collect your personal information (such as financing partners if you select this option during the checkout process). Fit2Go does not share data with any providers and partners without a relevant data protection agreement in place.

Third Party Apps that you link to your Fit2Go account. As part of the functionality of our Services, we offer pairing functionality to enable you to connect your Fit2Go account with third party applications such as Fitbit®, Apple®, Strava® and similar applications. If you choose to connect your Fit2Go account, we will share certain personal information with the paired application depending on what information you choose to share with such third party apps or have otherwise been notified will be shared during the pairing process. The information may include information generated through your use of the Services (i.e. workout information) and other contact and profile information. The processing of your personal information by such third party applications shall be governed by the privacy policies of those third parties.

Other Users of our Services. Depending on your User Profile settings and how you interact with our Services, certain personal information of yours may become available for other Fit2Go members to see. User Profiles are set to public by default, which means that other registered Fit2Go users will also be able to view the information associated with your User Profile. You can set your profile to “Private” at any time, which means that only members who you approve as followers can see your profile and fitness performance history.

Competent Law Enforcement Bodies, Regulators, Government Agencies, Courts or other Third Parties. We may share your personal information, including CCTV images, with competent law enforcement bodies, regulators, our insurers, external legal advisors, government agencies, courts or other third parties where we believe disclosure is necessary: (i) to comply with applicable law; (ii) to exercise, establish or defend our legal rights (including to collect amounts owed to Fit2Go); (iii) to protect your rights or vital interests or those or any other person; or (iv) to detect, prevent or otherwise address security, fraud or technical issues.

Potential Buyers (and their agents and advisors). We may share your personal information with actual or potential buyers (and their agents and advisors) in connection with any actual or proposed purchase, merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of company assets or transition of service to another provider, provided that we inform the buyer or transferee that it must use your personal information only for the purposes disclosed in this Privacy Policy.

• COOKIES AND SIMILAR TRACKING TECHNOLOGIES

We use cookies and similar tracking technologies such as pixel tags/web beacons and social media widgets (collectively “Cookies”) to collect and use personal information about you, including for analytics purposes and to serve you interest-based advertising.

Please also note that you may opt out and we honor certain technologies broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC) depending on the state you are in. This occurs on the browsers and/or browser extensions that support such a signal. This request will be linked to your browser identifier only.

• FITNESS DATA

“Fitness Data” means any information relating to your fitness performance and/or workouts, such as, calories burned, miles run, length of workout, etc. We do not use or process your Fitness Data for identification purposes.

Why we process your information?

• Analyze your performance: As part of our core offering, we use Fitness Data to compare your past and current performance and to provide you with analytics about your progress over time.
• Provide workout recommendations: We may recommend workouts to you based on our inferences about your preferences and practices, including for example recommendations about certain muscle group exercises that are based on your previous exercises. Recommendations include information derived from Fitness Data we collect from you.

Fit2Go will not disclose, redisclose, or otherwise disseminate Fitness Data unless:

• Authorized by you or your authorized representative; for example, if you pair a third party fitness tracker to your Fit2Go device and / or Services, you are authorizing the disclosure of your Fitness Data to the third party device;
• In aggregated and anonymized formats to assist us and our service providers, vendors or partners in providing services to you;
• Required pursuant to a valid warrant or subpoena issued by a court of competent jurisdiction; or
• As required under applicable law, necessary for the establishment, exercise or defense of legal claims of wherever courts are acting in their judicial capacity.

• INTERNATIONAL DATA TRANSFERS

Your personal information may be transferred to, processed and stored in countries other than the country in which you are resident, including the United States, Australia, Canada, the European Union and UK. The recipients of such information may be located in any country where Fit2Go has a place of business and additional territories where our suppliers and partners may transfer data, details of which can be provided upon request.

We take appropriate safeguards to protect your personal information in accordance with this Privacy Policy specifically in relation to any international transfer. This includes implementing an intra-group data sharing agreement that includes safeguards and protections for any use of your personal information by our group entities and incorporates the European Commission’s Standard Contractual Clauses, which require all group companies to protect relevant information in accordance with European Union and UK data protection laws.

We have implemented similar appropriate safeguards and comply with applicable legal requirements when transferring Personal Information to countries such as utilising Binding Corporate Rules, standard contractual clauses, and other data transfer mechanisms and/or rely on the European Commission adequacy decisions for certain countries outside of the European Economic Area should it be applicable with our third-party service providers and partners. Further details can be provided upon request.

• YOUR RIGHTS

At Fit2Go, we put Members first and respect your ability to exercise your privacy rights and choices. Where possible, we give you control over the personal data we collect about you, to ensure it is accurate and reflects your preferences. Depending on the country or U.S. state in which you are located, we respect your ability to know, access, correct, transfer, restrict the processing of, and delete your personal data. Please note that those rights do not always apply and there are certain exceptions to them.

Please also be advised that we continue to maintain some of your personal data where permitted by law, and that such information has not been deleted from Fit2Go systems. We retain your personal information where it is necessary for us to:

• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with laws, provide a good or service that you have requested, or reasonably anticipated within the context of our ongoing business relationship, or otherwise perform a contract between you and Fit2Go;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Comply with a legal obligation, existing warrant, litigation hold.

Please note that if you Delete your account this will result in the deletion of your Fit2Go account and all associated information, including workouts and achievements.

We will also confirm your identity before acting on your requests. We may not be able to respond to your request or provide you with personal data if we cannot verify your identity, or the authority to make the request on someone else’s behalf.

• Consent

If we have collected and process your personal information with your consent (including any sensitive or special category data), then you can withdraw your consent at any time by using settings on the Fit2Go product or App (as applicable), via settings on your device or by contacting us using the details provided under Contact Us.

• Direct Marketing

We may send marketing communications for purposes disclosed to you (including as specified in section 2 above) and, where required by applicable law, with your consent. You can unsubscribe from direct marketing at any time by following the instructions below or by contacting us using the details provided under the Contact Us. We will process your request within a reasonable time after receipt, in accordance with applicable laws. Unsubscribe options are provided in electronic marketing communications as required by applicable law.

Email, SMS and Telephone. You can unsubscribe from email communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us, or contact us using the details provided under the Contact Us. We will process your request as soon as practicable after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding Fit2Go and our Services and, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms or this Privacy Policy). If you opt in, you will receive text messages from Fit2Go. “Fit2Go Account” text messages to you important information, like the details of your delivery, failed subscription payments and other alerts related to your Fit2Go subscription or purchases. If you experience any issues with text messages from Fit2Go, text HELP to the relevant number referenced above or email our Support team at info@Fit2Go.com. Carriers are not liable for delayed or undelivered messages. Message frequency varies. Message and data rates may apply.

We maintain “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within the timescales required by law.

Push Notifications. If you opt-in on your device, Fit2Go may occasionally send you push notifications through our Apps with updates, achievements and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your device.

• “Do Not Track” / Global Privacy Control

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that, because there has been no agreed industry standard, we do not respond to or honor DNT signals or similar “do not track” mechanisms transmitted by web browsers.

Please note you may opt out, and we honor, certain technologies broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC) depending on the state you reside in. This occurs on the browsers and/or browser extensions that support such a signal. This request will be linked to your browser identifier only.

• Your rights to access and manage personal information

We recognize the importance of your personal information and provide simple ways for you to exercise the following rights: access (right to know), portability, rectification (correction or update), deletion (erasure), object and restrict processing. You can exercise these rights via the following ways:

• Submit a request via info@fit2go.me.
• Update your profile and account settings – please see our Privacy Settings for details.
• Contact us if you have any questions – please see Contact Us.

• DATA RETENTION

Fit2Go retains the personal information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws. CCTV images are retained for 14 days in Germany and 30 days elsewhere. When we are no longer required to retain the personal information as described above, we will destroy, erase, or de-identify it.

Legal requirements, however, may require us to retain some or all of the personal information we hold for a period of time that is longer than that for which we might otherwise hold it.

• SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We maintain commercially reasonable administrative, technical and physical safeguards (which vary depending on the sensitivity of the personal information) designed to protect against unauthorized use, disclosure or access of personal information.

• LEGAL BASIS FOR PROCESSING

Our legal basis for collecting and using the personal information described above will depend on the personal information concerned, applicable laws and the specific context in which we collect it.

However, we will normally collect personal information from you only (i) where we need the personal information to perform a contract with you (such as to provide our Services), (ii) where the processing is in our legitimate interests and not overridden by your rights, or (iii) where we have your consent to do so. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our Services, to communicate with you as necessary to provide our Services to you, and for our legitimate commercial interests such as responding to your queries, improving our products and Services, undertaking marketing, or detecting and preventing illegal activities. We may have other legitimate interests and we will make clear to you at the relevant time what those legitimate interests are. If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, you can contact us using the details provided under the Contact Us.

• CHILDREN’S PRIVACY

Fit2Go Services are not directed to, or intended for, children. We do not knowingly collect personal information directly from children who do not meet the minimum age requirement applicable in your jurisdiction, and if you do not meet the age requirements as specified in our Terms of Service.

If we become aware that we have collected personal data from a child under the minimum age, we promptly delete the personal data.

• HOW TO CONTACT US

If you have any questions about our privacy practices, this Privacy Policy or would like to contact us or our Data Protection Officer, you can do so by email at info@fit2go.me.

You can also complain to a data protection authority about our collection and use of your personal information if you feel that Fit2Go has not acted in accordance with applicable laws. For more information, please contact your local data protection authority.

• UPDATES TO OUR PRIVACY POLICY

We may update our Privacy Policy from time to time. When we do, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Policy changes if and where this is required by applicable data protection laws. You can see when this Privacy Policy was last updated by checking the “last updated” date displayed at the top of this notice.