PRIVACY POLICY

Last update: September 2023

Summary:

• We only ask for personal information when we truly need it for fulfillment of Services at F45 Training Holdings or its subsidiaries.
• We do not sell your personal information to third parties.
• Individual F45 franchisees may collect personal information and are governed by their own policies.
• You have several personal rights under EU, UK, US, and Australian law. You can learn how to exercise those rights by going to section VI (Your Privacy Rights).

F45 Training cares about its member’s privacy rights. We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.

The following privacy policy (“Privacy Policy”) describes the collection, use, and disclosure of personal information by F45 Training Holdings Inc (“we” or “us”) and its subsidiaries and affiliates and the rights you may have in connection with personal information about you that is in our possession.

This Privacy Policy uses the term “Services” to describe the various services and resources that we provide, including our website, services for franchisees, and services for users.

F45 Training is the data controller of the personal information we process which originates in various jurisdictions including the European Union (EU) and European Economic Area (EEA), the United Kingdom (UK) and is therefore responsible for ensuring that systems and processes we use are compliant with applicable data protection laws.

For additional information about your rights and choices under applicable law, please review the “Your Privacy Rights” section below.

I. Personal information that we collect

We collect the following personal information, and may have collected such information in the past 36 months:

II. How we use information

We may use personal information we collect for any of the following purposes, in addition to the main purposes listed above:

• Provide you with our Services, including the support of your F45 Training franchise.
• Contact you in connection with the Services, including via text.
• Complete transactions.
• Provide customer and account services, such as notices regarding products or services or your account.
• Comply with applicable laws, law enforcement, or pursue our legal rights, including performing and enforcing our contractual obligations and rights, such as billing and collection.
• Evaluate and improve our products and services, and develop new products and services.
• Tailor our marketing and advertising to you, including via retargeting and creating look-alike audiences.

The legal bases we rely upon to process your information in connection with the use cases described above are:

• We process personal information about you when it is necessary for the performance of a contract to which you are party, or to take steps at your request prior to entering into a contract;
• We process personal information about you when processing is necessary for compliance with a legal obligation which applies to us;
• We process personal information about you when processing is necessary for the purposes of our legitimate interests (except where such interests are overridden by your interests or fundamental rights and freedoms).

III. Information we share

We may also disclose personal information, as described in this Privacy Policy, to the following:

• Our subsidiaries and affiliates.
• Contractors, service providers, and other third parties we use to support our business and provide you with our products and services and who are bound by contractual obligations to keep personal information confidential and secure, and to use it only for the purposes for which we disclose it to them.
• F45 Training franchise owners to provide training services to members.
• Buyers or other successors in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred.
• Government entities or other parties to comply with court order, law, or legal process, including responding to a government, court, or regulatory request.
• Government entities, third-party cybersecurity experts, or other parties as necessary and appropriate to ensure the security and integrity of our networks, or otherwise protect the rights, property, or safety of F45 Training, our customers, or others.
• Third-party entities to enforce or apply our terms of use and other agreements, or otherwise protect or assert our legal rights, including for billing and collection purposes.
• Data analytics providers for the purpose of advertising, marketing, or new franchise opportunities.

IV. Cookies and linked sites

The technologies we use for automatic data collection on our website include cookies and web beacons. A cookie is a small text file placed on your device. A web beacon is a small electronic file (e.g., clear gifs, pixel tags and single-pixel gifs) with a unique identifier that is used to understand browsing activity. We use data collected through these technologies, which we may supplement with other information such as location, to help us improve our website and to deliver a better and more personalized service.

Our use of cookies. Our websites places small files, or “cookies,” on your device. Cookies are the most common method to track, personalize, and save information about each visitor’s session. We use cookies to personalize your experience on our website and to promote our Services to you. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Third-party cookies. Some content or applications on the website, including advertisements, are served by third parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use the Sites. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Linked Sites. Our website may include links to other websites or content that belong to third parties. We are not responsible for personal information that you voluntarily disclose to such third parties and we are not responsible for third party websites, content or services. You should review the privacy policies associated with those third parties.

Beacons. In order to provide you with certain services and support ad attribution, limited user data, such as your IP address or other unique identifiers, and other event data, may be shared with certain service providers when you use our websites, for example Google’s Tag manager or Meta’s Pixel.
Such information is shared to assist F45 Training’s understanding and optimization of our user’s complete customer experience. Specifically, sharing such information helps F45 Training understand how users arrive and use our websites and/or better measure the performance of our ads.
Examples of the types of technologies that may support this behavior include pixels, javascript snippets, or cookies. You may opt out of using the beacons by selecting “disagree” in the initial cookie banner when visiting our sites.

V. Children under the age of 16 and F45 Prodigy

Our services are not directed to or intended for use by children under the age of 16. We do not market products or services to children, and do not knowingly collect personal information from them. In accordance with applicable privacy laws and regulations, if we learn that we have received information directly from a child under age 16 (or such age as may apply in certain jurisdictions) without his or her parent’s or legal guardian’s consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use our services. Subsequently, we will delete such information. If you believe we might have any information from or about a child, please contact our Privacy Officer at [email protected].

VI. Your Privacy Rights

Rights of Individuals located in the US. Residents of certain US states (including California, Virginia, Colorado, Connecticut, and Utah) may have or will have the right to: (1) know what personal information we collect, use, disclose, and sell; (2) request that we delete your personal information; (3) access and obtain a copy of your personal information that we collect; (4) request correction of inaccurate personal information; (5) opt out of targeted advertising; or (6) limit the use and disclosure of certain sensitive information. We will honor your request to the extent required by applicable law and will make a good faith effort to honor your request in all other cases. If you disagree with our response to your request, you may appeal the request by submitting supporting documentation to [email protected].

With respect to deletion requests, we cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

We may not discriminate against you for exercising any of your rights. This means that we may not deny you services or charge you different prices or rates for services or provide you with a different level or quality of services (or suggest that we will do so), in response to these requests. However, we may charge different prices or rates, or provide a different level or quality of services, where that difference is reasonably related to the value provided to us by your personal information.

You may request to exercise the foregoing rights by:

• Filling out our privacy webform.
• Calling us toll-free at +1 (844) 909-4545

Rights for individuals located in the EU, EEA and UK and other jurisdictions which have adopted similar laws.

If you are located in the EU, EEA, the UK or in other jurisdictions which have adopted similar laws, you may have certain rights as an individual under privacy laws applicable in those jurisdictions. This includes if your relationship with F45 Training is as a client or in any other capacity as an individual with whom we deal. It includes individuals within client organizations, or individuals in third-party organizations. For example, European data protection legislation provides individuals with the right to lodge a complaint with a supervisory authority.

Right to be informed. This Privacy Policy sets out how we use your personal information and gives you information about how you can exercise any of your rights in accordance with applicable privacy laws.

Right of access. You may be entitled to ask us for a copy of any personal information which we hold. This right is known as a ‘Subject Access Request.’

We will normally send you a copy of the personal information within one month of your request. However, that period may be extended by two further months where necessary, taking into account the complexity of the request or the difficulty in accessing the personal information that you request. There is usually no charge; but in exceptional circumstances we may charge but will discuss this with you if those circumstances apply.

Right to rectification. If the personal information we hold about you is inaccurate, you may request rectification. The personal information will be checked, and, where appropriate, inaccuracies will be rectified.

Right to erasure. In certain circumstances, you may be entitled to ask us to erase your personal information.

Right to data portability. In certain circumstances, you may wish to move, copy, or transfer the electronic personal information that we hold about you to another organization.

Right to object. You may object to your personal information being used for direct marketing.

You may object to the continued use of your personal information in any circumstances where we rely upon consent as the legal basis for processing it.

Where we rely upon legitimate interests as the legal basis for processing your personal information, you may object to us continuing to process your personal information, but you must give us specific reasons for objecting. We will consider the reasons you provide, but if we consider that there are compelling legitimate grounds for us to continue to process your personal information, we may continue to do so. In that event, we will let you know the reasons for our decision.

Rights related to automated decision-making including profiling. We will not use your personal information in connection with any automated decision-making process. We use limited contact information to carry out certain business development profiling activities to support and grow our business. When doing so, we rely upon our legitimate interests as the lawful basis for processing your personal information and you may exercise the above rights if you do not wish us to process your personal information in this way.

To exercise the rights in relation to your personal information which are applicable to individuals in the EU, EEA and UK and other jurisdictions which have adopted similar laws, please fill out our privacy webform.

Please note that we may take steps to verify your identity before granting you access to information or acting on your request to exercise your rights, as required or permitted by law. We may limit our response to your exercise of the above rights as permitted by law.

VII. International Visitors

For visitors using the Services from outside of the United States, any data you provide will be transferred to the United States for use by us and our affiliates for any of the purposes described in this Privacy Policy. By using our websites and the Services you hereby expressly consent to such transfer of information or data to the United States.

VIII. Sales of personal information

We do not sell your personal information.

IX. Data Security

We have implemented measures designed to secure your information. For example, we require our payment processing merchants to comply with the Payment Card Industry Data Security Standards. Moreover, we require that any third parties that process your information on our behalf comply with a comprehensive set of security requirements. However, we cannot guarantee that your personal information will never be disclosed in a manner inconsistent with this Privacy Policy (for example, as a result of unauthorized acts by third parties that violate applicable law or relevant web policies).

You may need to register for an account to use all or part of our services. When you do, you will be asked to select a password to help protect your information. These passwords help us verify your identity before granting access or making corrections to any of your personal information. You should never disclose your password to anyone and you should not use the same password for other websites. We will never ask you for your password in an unsolicited phone call or email. You are responsible for maintaining the secrecy of your passwords and account information.

X. Franchisee Privacy Policies

The F45 Privacy Policy does not apply to our franchisee’s collection, use, and disclosure of your information, except as described in this policy with regard to data sharing and change of a franchisee. Some additional details about franchise use of personal data:

• F45 Training franchisees are independent businesses that may send their own marketing communications in compliance with local regulations. While they follow general guidelines provided by F45 Training, their specific practices might differ. If you would like to unsubscribe specifically from promotions by one of our franchises, please follow the instructions within the message, as each franchise handles opt-outs individually.
• If you visit an F45 studio owned by one of our franchisees, you will be providing your information directly to the franchisee. When you provide your information to a franchisee, the franchisee will make this information available to F45 Training. The franchisee however handles all billing and account administration, including determining how your information is used for the franchisee’s own marketing purposes in accordance with applicable laws.
• If a franchisee sells or otherwise transfers its franchise, we will transfer member information controlled by the outgoing franchisee to the successor franchisee.
• F45 studios are owned and operated by individual franchisee’s or franchisee groups. If you are concerned that there may have been a privacy breach at an individual studio, please contact the F45 franchise directly.

XI. Updates to our privacy policy

We may make changes to this Privacy Policy from time to time. When we make material changes, we will post a link to the revised Privacy Policy on the homepage of our website, and if you have registered for any of our products or services or have an account with us, we may also inform you through a communications channel that you have provided. Any changes to this Privacy Policy will become effective upon posting of the revised Privacy Policy on the Sites.

XII. Contact Us

If you have any questions or comments about this Privacy Policy or our privacy practices, please contact us at [email protected] or at

Attn:

Privacy

F45 Training

3601 S Congress Ave Ste E Austin, TX, 78704-7250 United States

Please be sure to include your full name, address, telephone number and e-mail address so that we may reach you with a response.

If you believe that we have not been able to assist with your complaint or concern, you might have the right to contact your Supervisory Authority.

• If you work or reside in a country that is a member of the European Union or that is in the EEA, you may find the contact details for your appropriate data protection authority on the following website.
• If you work or reside in Australia, you may contact the Office of the Australian Information Commissioner website for further information.
• If you work in or reside in a State in the United States that have their own privacy regulations governing user data, please contact the appropriate authority.