Privacy

This Privacy Policy describes how and Capital Circle Fitness, LLC, a Florida limited liability company (“Momentum Fitness”, “we” or “us”) collects, uses, and shares information through our website located at www.Momentumfitnesstally.com  (the “Site”), through our products such as the Momentum Fitness mobile application (the “App”), through other Momentum Fitness® branded and/or operated sites, apps, and services that link to this Privacy Policy or on which this Privacy Policy is posted, as well as any other features, products, or services offered by Momentum Fitness under this Privacy Policy (collectively, the “Services”). This Privacy Policy applies to information collected by or through our Services, and your use of our Services is subject to this Privacy Policy, which is incorporated into Momentum Fitness’s Terms of Service (the “Terms”). Please read this Privacy Policy before using the Services.

1.   INFORMATION COLLECTION

We collect information that you provide us, from third parties, and automatically when you access or use our Services. When using our Services, you may provide certain information about yourself.  For example, when you create a Momentum Fitness account using our Services, we collect the information you provide to us, such as your name, email address, interests, gender, age, profile information, and any other information you choose to provide. We may also receive information about you from third parties and combine it with other information we collect.

We collect the content, communications and other information you provide when you use our Services, including when you sign up for an account, create or share content, and message or communicate with other Momentum Fitness users via our Services. We may also collect information relating to your interactions with our Services, including through the use of cookies and similar technology, such as browser type, IP address, pages visited and other activities on the Services, device type, and time and date of visit. We may collect information associated with your device using cookies and similar technologies. We may also collect information that others make available to us, including information from other Momentum Fitness users, information from our affiliates, business partners, service providers, and information from third-party sites. For example, we may receive information about you from third-party platforms when you allow the third-party platform to share this information with us or allow Momentum Fitness to obtain this information from the third party.

Each time you access our Services, information is sent to our server by your Internet browser or app and stored in our log files. We collect information about your use of our Services, including your search activity and the content you view. We also collect information that your device provides to us in connection with your use of our Services, such as your browser type, type of device, browser language, and IP address. We will receive your device’s location if you enable this through your browser or mobile device. You may also choose to provide us your location information by inputting this information in our Services, including in your Momentum Fitness settings.

2.   INFORMATION USE 

We use the information we collect to provide and support our Services, including the following:

·         to personalize features and to make suggestions based on your activities;

·         to provide, operate, personalize and improve our Services;

·         to send marketing materials that may be of interest to you;

·         to communicate with you about our Services and to respond to your inquiries, including marketing communications and information relating about our policies and terms;

·         to comply with the law and to maintain the security of our Services; and/or

·         with your consent, or as otherwise disclosed at the time information is collected.

If you provide us information about your contacts within the Momentum Fitness App, we may inform those contacts who have Momentum Fitness accounts that you have created an account in order to facilitate a more connected experience. We may use your log-in information, cookie information, device information, IP addresses, and other information to identify you and log your use across devices. We may use this information to personalize your experience on our Services.

3.   INFORMATION SHARING

We do not sell, trade or otherwise transfer to outside parties your personal information. Consistent with this policy, we may share the information we collect with other parties, including the following:

·         to send surveys, promotions, and marketing materials that may be of interest to you;

·         with third party vendors who process data on our behalf to support our business, such as email service providers, video viewing service providers, or payment processors;

·         with our affiliates or as part of a corporate sale, merger, or acquisition, or a bankruptcy proceeding;

·         if you interact with us on social media platforms, the platform may be able to collect information about you and your interaction with us. If you interact with social media objects on our Sites, both the platform and your connections on the platform may be able to view that activity. To control this sharing of information, please review the privacy policy of the relevant social media platform;

·         pursuant to a subpoena, court order, governmental inquiry, or other legal process or as otherwise required by law, or to protect our rights or the rights of third parties;

·         to Momentum Fitness® franchisees in order for them to provide you Services if you are a Momentum Fitness® member, visitor or guest at a Momentum Fitness® location; and /or

·         with your consent or as otherwise disclosed at the time of data collection or sharing.

We may provide third-party advertisers with information relating to their advertisements and how their advertisements are performing, but we do not share information that personally identifies you unless you give us permission. Non-personally identifiable visitor information may be provided to other parties for marketing, advertising or other uses. We may share information that has been de-identified or aggregated without limitation.

4.   DIGITAL ADVERTISING & ANALYTICS

We may also work with third parties that collect data about your use of the Services and other sites or apps over time for non-advertising purposes.  We may partner with ad networks and other ad serving providers that serve ads on behalf of us and others on non-affiliated platforms.  Some of those ads may be personalized, meaning that they are intended to be relevant to you based on information that such advertising providers collect about your use of Services and other sites or apps over time, including information about relationships among different devices.

5.   THIRD-PARTY LINKS AND TOOLS

The Services may provide links to third-party websites or apps. We do not control the privacy practices of those websites or apps, and they are not covered by this Privacy Policy.  You should review the privacy policies of other websites or apps that you use to learn about their data practices. The Services may also include integrated social media tools or “plug-ins,” such as social networking tools offered by third parties.

If you use these tools to share personal information or you otherwise interact with these features on the Services, those companies may collect information about you and may use and share such information in accordance with your account settings, including by sharing such information with the general public. Your interactions with third-party companies and your use of their features are governed by the privacy policies of the companies that provide those features.  We encourage you to carefully read the privacy policies of any accounts you create and use.

6.   YOUR CHOICES

You may update or modify your information or change your privacy preferences by changing your preferences within your Momentum Fitness account settings. You may opt-out of receiving marketing emails from us by using the unsubscribe link within the email itself, or by updating your email preferences within your account settings menu. If you are a California resident please see our “California Privacy Notice” for more information about your rights.

7.   COOKIES & SIMILAR TECHNOLOGIES/ COOKIE POLICY

We use cookies and similar technologies in connection with your use of our Services to collect information related to what you see and interact with on our Site and when using our Services. Cookies are small text files that are placed in your browser that help us perform a variety of tasks related to our Services. We use this technology to provide, develop, maintain, and protect our Services, as well as to perform analytics and research about the use of our Services.  For example, we use: Strictly Necessary Cookies for website function (these cannot be switched off in our systems); Performance Cookies which allow us to count visits and traffic sources so we can measure and improve the performance of our site; Functional Cookies, which enable the website to provide enhanced functionality and personalization; and/or Targeting Cookies, which may be set through our site by our advertising partners and may be used by those companies to build a profile of your interests and show you relevant advertisements on other sites.  We may use certain cookies to collect data in order to infer your interests and deliver relevant advertising to you.  You can control cookies in your browser through your browser settings, but note that if you block cookies some features may not function properly. Unless required by law, we do not change system behavior within our Services in response to browser requests not to be tracked.

8.   DATA RETENTION

We will keep your information only for as long as necessary to fulfill the purposes for which we are processing your information unless the law permits or requires us to retain your information for a longer period. For example, we keep account information for as long as the account is active, and for a reasonable period thereafter to ease reactivation if you choose to reactivate your account. We also will retain de-identified information after your account has been deleted. Information you have shared with others will remain visible after your account has been deactivated or deleted and after the information has been deleted from your own profile or account.

9.   INTERNATIONAL VISITORS

This Section applies to those that visit our Services from the European Economic Area (“EEA”), United Kingdom, or Switzerland. We process personal information with your consent or when we process personal information submitted to the Services for specified purposes. On other occasions, we may process personal information when we need to do this to fulfill a contract (for example, for billing purposes) or where required to do this by law.

If necessary, we may process personal information when it is in our legitimate interests to do this (e.g., to provide membership services, deliver direct marketing, personalization, or for fraud detection) and when these interests are not overridden by your data protection rights. The personal information we collect may be transferred to and maintained on servers or databases located outside your state, province, country, or jurisdiction, where the privacy laws may not be as protective as those in your location. We enter into standard contractual clauses with data processors who transfer personal information outside of the EEA on its behalf. In other instances, we transfer your personal information because it is necessary to do so to fulfill an agreement with you.  If you are located outside of the United States, please be advised that we process and store personal information in the United States.

Depending on the type of information and our purposes for collecting and using it, you have the following rights:

·         to request access to the personal information we hold about you;

·         to request that we rectify or erase your personal information;

·         to request that we restrict or block the processing of your personal information;

·         under certain circumstances, to receive personal information about you that we store and transmit to another without hindrance from us, including requesting that we provide your personal information directly to another (i.e., a right to data portability); and

·         where we previously obtained your consent, to withdraw consent to processing your personal information.

To exercise these rights, please contact us at privacy@Momentumfitnesstally.com.  Please note we may be unable to afford these rights to you under certain circumstances, such as if we are legally prevented from doing so. You have the right to lodge a complaint against us.  To do so, contact the supervisory authority in your country of residence.

10.          CHANGES TO OUR PRIVACY POLICY

We may change this Privacy Policy from time-to-time. The most current version of our Privacy Policy will govern our use of information about you. If we make any material changes to this Privacy Policy, we will notify you via email or by posting a notice on our Services to offer you an opportunity to review the changes before they become effective. Your continued use of our Services following our posting of any changes to this Privacy Policy means that you accept those changes. We encourage you to review our Privacy Policy whenever you visit the Site to stay informed about our information practices and the ways you can help protect your privacy.

11.          CONTACT US

If you have questions or comments about this Privacy Policy, please email us at info@Momentumfitnesstally.com.

12.          CALIFORNIA PRIVACY NOTICE TO CALIFORNIA RESIDENTS

CALIFORNIA CONSUMER PRIVACY POLICY ADDENDUM

SHINE THE LIGHT REQUEST

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our App that are California residents to request from us a notice disclosing: (1) the categories of personal information we have shared with third parties, if any, for the third parties’ direct marketing purposes during the preceding calendar year, and (2) the names and addresses of those third parties. To make such a request, please send an e-mail to privacy@Momentumfitnesstally.com or write us at: 3049 Tower Rd, Columbus, GA 31909

YOUR CALIFORNIA PRIVACY RIGHTS- CALIFORNIA CONSUMER PRIVACY ACT (“CCPA”)

This California Privacy notice supplements our Privacy Policy as required by the CCPA. Terms used in this notice have the same meanings ascribed to such terms in the CCPA and the regulations of the Attorney General implementing the CCPA, unless otherwise designated herein.

If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. California Privacy laws require that we provide California residents information about how we use their personal information, whether collected online or offline, and this section is intended to satisfy that requirement. To the extent that we collect personal information that is subject to the CCPA, that information, our practices, and your rights are described below.

Notice Regarding the Categories of Personal Information Collected

We describe the personal information we have collected about California consumers in the twelve (12) months preceding the “Effective Date” date of this Privacy Statement in the part titled, “Types of Data Collected”. The information we have obtained includes the following:

·         Identifiers such as name, phone number and email addresses.

·         The following categories of personal information described in California Civil Code § 1798.80(e):

o    the personal information listed in the preceding bullet point as “identifiers;”

o    signatures;

o    telephone number;

o    payment information (including payment card details or online payment services number and invoicing address) and financial information (such as bank account numbers);

o    physical characteristics or description; and

o    the other information that identifies, relates to, describes, or is capable of being associated with, a particular individual that we describe in “Information we collect”

·         Commercial information, including

o    records of products or services purchased or received from us;

o    username, password, or other account information used to obtain access to our Online Services;

o    information on actions taken on our websites or mobile apps, which may include information about our products or services considered and the times you visit our websites or use or mobile apps; and

o    information about consumer preferences and behavior that we collect on our websites and mobile apps or purchase from third parties in order to target consumers for digital advertisements or to personalize content we deliver on our websites and mobile apps.

·         Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement, as well as the information listed above in the section titled “Information we collect:”

o    computer or mobile-device operating system and browser type;

o    type of mobile device and its settings;

o    unique device identifier (UDID) or mobile equipment identifier (MEID) for your mobile device;

o    device and component serial numbers;

o    advertising identifiers (for example, IDFAs and IFAs) or similar identifiers;

o    referring website (a site that has led you to ours) or application;

o    online activity on other websites, applications or social media; and

o    activity related to how you use our online services, such as the pages you visit on our sites or in our mobile apps.

·         Geolocation data.

·         Characteristics of protected classifications under California or federal law, such as demographic information like age or gender.

·         Audio information from calls placed with customer service centers which may be recorded, and electronic information in the form of Internet or other electronic network activity information as described above.  When you visit a Momentum Fitness® location, we may also capture video information via CCTV cameras.

·         Inferences drawn from

o    the information we collect when you visit our websites, use our apps, interact with our official social media pages, or otherwise interact with us;

o    information we collect, including through third-party suppliers, regarding content and other data posted on the Internet (such as public locations on the Internet); and

o    information about consumer preferences and behavior that we collect on our websites and mobile apps or purchase from third parties in order to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.

·         Sensitive personal information, such as account login credentials when combined with passwords, and precise geolocation data, as described above. If you win a competition, contest, prize draw, or sweepstakes, we may also collect your social security number and driver’s license or state identification card as part of legal compliance.

We collect this personal information directly from you when you provide information to us, for example, when registering for or using our online services, logging into Wi-Fi, using our in-location digital channels, or contacting us; from your computer system or mobile device when you use our online services, visit our locations, or use in-location technologies; from other companies and organizations, such as our advertising agency partners, social media networks, data brokers, payment processors, and other providers and from publicly available sources.  For more information, please review “Types of Data Collected”.

Use of Personal Information:

We use the Personal Information we collect about California consumers for the business purposes disclosed within our Privacy Statement.  For more information, please review “Use of Data”.

The business purposes for which we may use personal information about California consumers include:

·         Audits and reporting relating to particular transactions and interactions, including online interactions, you may have with us or others on our behalf, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance;

·         Helping to ensure security and integrity while using personal information as may be reasonably necessary and proportionate, including detecting and protecting against security incidents, and malicious, deceptive, fraudulent or illegal activity, and prosecuting the same;

·         Debugging to identify and repair errors in our systems;

·         Short-term, transient use including contextual customization of ads;

·         Providing services on our behalf or on behalf of another, including maintaining or servicing accounts, providing customer service, fulfilling transactions, verifying identity information, processing payments, and other services. This includes:

o    Conducting internal research to develop and demonstrate technology; and

o    Conducting activity to verify, enhance, and maintain the quality or safety of services or devices which we may own, control, or provide.

We may also use the information we collect for our own or our service providers’ other operational purposes, purposes for which we provide you additional notice, purposes disclosed elsewhere in this Privacy Policy, or for purposes compatible with the context in which the personal information was collected.

We may de-identify personal information about you or receive de-identified personal information about you, and we may use and disclose such information for any purpose in accordance with applicable law. We will maintain de-identified information in de-identified form, and will not re-identify such information, except in accordance with the requirements of applicable law.

Disclosures of Personal Information

As is common practice among businesses that operate Internet websites and mobile apps, within the past 12 months, we may have shared certain identifiers such as email addresses and pseudonymized identifiers, information about the use of our websites and apps, and inferences drawn about you to our social media, advertising, and analytics partners. Under certain state laws, this may be considered to be a sale of personal information for consideration and/or the “sharing” of personal information for cross-context behavioral advertising. We do not disclose personal information of individuals we know to be under the age of 16 to other businesses or third parties for consideration or for cross-context behavioral advertising.

We may have disclosed personal information in all or substantially all of the categories identified in this Section, to vendors who provide services to us, in connection with a sale or transfer of all or part of our business, and as otherwise provided in “How we share information we collect”.

Your California Privacy Rights

If you are a California resident, you have the following rights.  We will honor requests received to the extent required by applicable law and within the time provided by law.

1.   Right to Access, Right to Correction, and Right to Deletion

·         Right to Access and Right to Know regarding Personal Information.  You have the right to request that we disclose the following to you

o    the categories of Personal Information we have collected about you;

o    the categories of sources from which the Personal Information is collected;

o    our business or commercial purpose for collecting or selling Personal Information;

o    the categories of third parties with whom we share Personal Information; and

o    the specific pieces of information we have collected about you.

o    the categories of personal information about you, if any, that we have disclosed for monetary or other valuable consideration and the categories of third parties to which we have disclosed the information, by category or categories of personal information for each third party to which we disclosed the personal information; and

o    the categories of personal information about you that we disclosed for a business purpose.

·         Right to Deletion of Personal Information.  You have the right to request that we delete Personal Information about you that we have collected from you. Please note if you have requested a service that requires the use of your personal information, we may not be able to provide that service if you choose to delete your personal information.

·         Right to Correct. You have the right to request that we correct personal information that we maintain about you that is inaccurate.

For requests made in connection with the Right of Access, Right to Know, Right to Correct, and/or Right of Deletion, please note:

·         as required under applicable law, we must take steps to verify your request before we can provide personal information to you, correct or delete personal information, or otherwise process your request.  To verify your request, you must provide your name, email address, and state of residence, and you may also have the option to provide you phone number.  If we believe we need further information to verify your request as required by law, we may ask you to provide additional information to us.

·         we will process your request within 45 days after receipt of a verifiable request, unless we notify you that we require additional time to respond, in which case we will respond within such additional period of time required by law.  If your request involves us providing personal information to you, we may deliver the personal information to you through your account, if you maintain an account with us or electronically or by mail at your option.  If electronically, then we will deliver the information to you or, if you so request and if permitted by law, to another entity, in a portable and, to the extent technically feasible, in a structured, commonly used, machine-readable format that allows you to transmit the information from one entity to another without hindrance.

1.   Right to Opt-Out of Sales or Sharing. In accordance with applicable law, we may send periodic promotional communications to you. You may opt-out of such communications by following the opt-out instructions contained in the communication, or if you have opted-in to our promotional text messages, replying STOP. We will process out-out requests in accordance with applicable law. If you opt-out of receiving promotional communications about recommendations or other information we think may interest you, we may still send you communications about your account or any services you have requested or received from us.

Our franchisees may also send their own marketing communications in accordance with applicable law. If you no longer wish to receive marketing communications 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.

California residents have the right to opt-out of our “Sale” of their personal information. California defines the term “Sale” broadly, and includes, our selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating (collectively a “Sale”) California residents’ personal information to another business or third party for monetary or other valuable consideration. Please note that while some of our sharing of personal information may be a “Sale” as defined by CCPA, we do not sell personal information for monetary compensation.  California residents may exercise their right to opt-out the Sale of their personal information by completing our CCPA rights request form at [link] or by contacting us at [telephone].

1.   Sensitive Personal Information. We do not use or disclose sensitive personal information for purposes that, under applicable law, require us to offer consumers a “Right to Limit” the use or disclosure of sensitive personal information.

1.   Right to Non-Discrimination.  We may not discriminate against you because of your  exercise of any of the foregoing privacy rights, or any other rights under the California Consumer Privacy Act, including by:

·         Denying you goods or services;

·         Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;

·         Providing you a different level or quality of goods or services; or

·         Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

We may, however, charge different prices or rates, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by your personal information.

Requests to exercise your rights

You may request to exercise these rights by:

·         Submitting a request through: privacy@Momentumfitnesstally.com

·         Calling us at: (706) 653-1444

As required or permitted under applicable law, 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. We may limit our response to your exercise of the above rights as permitted under applicable law.

Metrics Regarding Privacy Requests

The following metrics relate to our handling of California rights requests in the period from January 1, 2022, to December 31, 2022.

Right to Know/Access

·         Requests Received: None

·         Requests Completed: None

·         Requests Not Completed: None

·         Median Number of Days to Complete: Not applicable

Right to Delete

·         Requests Received: None

·         Requests Completed: None

·         Requests Not Completed: None

·         Median Number of Days to Complete: Not applicable

Right to Opt Out of Sale or Sharing

·         Requests Received: None

·         Requests Completed: None

·         Requests Not Completed: None

·         Median Number of Days to Complete: Not applicable

Agent Authorization

You may designate an authorized agent to request any of the above rights on your behalf. You may make such a designation by providing the agent with written permission, signed by you, to act on your behalf.  Your agent may contact us as set forth below in “Contact us” to make a request on your behalf.  Even if you choose to use an agent, as permitted by law, we may require verification of the agent’s authorization to act on your behalf, require you to confirm you have authorized the agent to act on your behalf, or require you to verify your own identity.

Disability Accessibility

If you are a user with a disability, or an individual assisting a user with a disability, and have difficulty accessing or navigating our digital channels – including this Privacy Statement – please contact us at privacy@MomentumFitnessTally.com

How to Contact us

If you have privacy questions specific to us, you can reach us at:

Momentum Fitness Corporate Marketing

3049 Tower Rd, Columbus, GA 31909

13.          ADDITIONAL DISCLOSURES FOR NEVADA RESIDENTS

If you are a Nevada resident, you have the right to opt out of the “sale” of covered data, as defined under Nevada Privacy of Information Collected on the Internet from Consumers Act. We do not sell your information within the meaning of that Act. Nevada consumers may submit requests directing a business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us at info@Momentumfitnesstally.com.

14.          ADDITIONAL DISCLOSURES FOR RESIDENTS OF COLORADO, CONNECTICUT, UTAH AND VIRGINIA

Residents of the States of Colorado, Connecticut, Utah and Virginia have the following rights:

·         Opt out of “sales” of personal information and use of their personal information for “targeted advertising,” as those terms are defined under applicable law.

·         Opt out of “profiling” under certain circumstances, as defined under applicable law (Residences of Colorado, Connecticut, and Virginia only.)

·         Confirm processing of and access to personal information under certain circumstances.

·         Correct personal information under certain circumstances. (Residents of Colorado, Connecticut, and Virginia only.)

·         Delete personal information under certain circumstances.

Residences of these states can exercise their rights by contacting us using one of the methods listed in this Policy.

15.          SPECIAL INFORMATION FOR JOB APPLICANTS

When you apply for a job with us, we may collect information from you, including:

·         Information that you make available on social media accounts;

·         Information you provide in connection with your application;

·         Information about you that is publicly available;

·         Information that you authorize us to collect via third parties, including former employers or references.

In certain circumstances, you may submit your application for employment through a third-party service that displays our job posting. We do not control the privacy practices of these third-party services. Please review their privacy policies carefully prior to submitting your application materials.

COOKIE POLICY

We use cookies to enhance your experience when using our site. The cookies on this site are used to offer website functions to you, serve personalized content, tailor advertisements to your interests and analyze website usage. Our Cookies may collect and share information about your website use for these purposes. By continuing, you agree to our use of cookies. You can manage your cookie settings by clicking on “Cookie Preference Center” button or find out more from our Cookie Policy.