Rx Strength Training, LLC

COVID-19 NOTICE + PRIVACY POLICY

Updated on January 12, 2021

COVID-19 NOTICE:

In an effort to keep the Rx community safe through the COVID-19 pandemic, we are collecting additional information from our members, employees, guests and other gym visitors. During these unprecedented times, we are doing our best to ensure the health and safety of our members, employees and the public while still respecting your privacy. Accordingly, the following COVID-19 Notice shall apply in addition to our existing Privacy Policy, set forth below, which will continue to otherwise govern our collection, use and other processing of your information.

As the current circumstances and the needs of our community evolve, this COVID-19 Notice may be modified or updated in Rx’s sole discretion. If we make any changes to our COVID-19 Notice, we will post the revised document here and such changes will be effective immediately upon that posting. Please review this COVID-19 Notice periodically to ensure you are aware of any changes.

What Information We’re Collecting
We may collect certain information about your potential exposure to COVID-19 and health through periodic health declarations or questionnaires we ask you to complete. We may also collect measurements of your body temperature as part of our screening process when you arrive at our facilities. This information may be associated with or linked to your name or membership information. Additionally, we may collect information provided by you, or a public health authority or other government agency, if you test positive for COVID-19, including information about how you interacted with Rx during the time in which you may have been infected with COVID-19. All of the foregoing is referred to in this COVID-19 Notice as “Screening Information”.

What We’re Doing with Screening Information
We collect and use Screening Information to help provide a safe environment for our employees and members, to determine any potential COVID-19 exposure, and to administer your membership and access to our facilities. We will use Screening Information in furtherance of those legitimate interests and business purposes. We will not use your Screening Information for any marketing or promotional purposes.

How We May Share Screening Information
While we generally will not share your Screening Information without your consent, we reserve the right to disclose this information, and other related information, to government and regulatory authorities, such as the Centers for Disease Control and Prevention, and state and local health authorities, or as otherwise necessary or appropriate in furtherance of public health or safety. If we are notified that you tested positive for COVID-19 within 14 days after your last visit to Rx, or if we otherwise determine that you may pose a risk to our community, we reserve the right to disclose to our employees and members that an individual who tested positive, or otherwise poses a risk to our community, was in our facilities and while we will not disclose your name unless legally required to do so, we may disclose information such as the date and time of your visit, your gender, and Rx areas and amenities you used. We share this information to help ensure our facilities remain safe for our employees and other members. We may also share your Screening Information and other related information with service providers, advisors or consultants who are performing services on our behalf and for other reasons in accordance with applicable law, as further described in the “Information Sharing” section of our Privacy Policy below. Please note, we may disclose aggregated, de-identified information for any other lawful purpose.

How We Retain Screening Information
Your Screening Information will be protected as described in our Privacy Policy below. Any measurements of body temperature collected as part of our screening process are not stored on the screening device, however, we reserve the right to record and indicate in our system your acknowledgements of the health declaration, as well as any records (if any) that you were denied entrance and not permitted to return. Any of these records and other types of Screening Information, such as health declarations, that we retain will be stored for a reasonable period of time, including as we determine necessary to comply with applicable law or to establish or defend our legal rights.

Your Options
At this time, Rx requires you to provide Screening Information as a condition of entry to our facilities. However, if you are uncomfortable with providing any requested Screening Information or do not wish to consent to this COVID-19 Notice, we are happy to place your membership on a complimentary freeze during the period in which Screening Information is required. Please contact [email protected] if you have any questions regarding our screening procedures or would like to freeze your membership.

PRIVACY POLICY:

Rx Strength Training, LLC. and its subsidiaries (collectively, “Rx” , “we” , “us” , or “our”) respect your privacy and use your personal information in an effort to offer and provide exceptional member experience. This Privacy Policy (“Privacy Policy”) describes the privacy practices of Rx, including the types of personal information we obtain, how we use this personal information, with whom we share it and the choices available regarding our use of the information. This Privacy Policy also describes the measures we take to safeguard the personal information and how you can contact us about our privacy policies.

This Privacy Policy applies to the personal information we obtain when you interact with Rx, including but not limited to when they visit and use our Rx-branded locations (our “Facilities”), use https://www.rxstrengthtraining.com, https://rxstrengthtraining.com, https://rxstrength.training and any other websites, mobile apps or online services or platforms of Rx on which this Privacy Policy is included or linked to (collectively, the “Sites”), apply for a job with us or otherwise connect with us.

INFORMATION WE COLLECT
The types of personal information we collect include:

• “Identifiers” such as your real name, alias/preferred name, postal address, unique personal identifier (e.g., device identifiers, cookies, beacons, pixel tags, mobile ad identifiers and similar technologies; member ID number, unique pseudonyms, and other forms of persistent or probabilistic identifiers), online identifier, internet protocol (IP) address, email address, telephone number, login credentials (e.g., username and password), signature, driver’s license or state ID card number, passport number, other government-issued identification information, and other similar identifiers and contact information.

• “Commercial information” such as records of the products and services purchased, obtained or considered, purchasing or consuming histories or tendencies and other transaction-related information.

• Payment and financial information, such as your credit/debit card number, expiration date and security code, bank account number, and billing address. Your credit/debit card number is collected and stored by third-party payment processors on our behalf. We store only the last four digits of your payment card.

• “Characteristics of protected classifications” under applicable laws, age, sex, race, national origin, religion, gender, gender identity, gender expression, marital and family status, medical condition, disability, citizenship status, and military and veteran status, as well as other demographic information such as your date of birth.

• Information and data regarding your fitness, health, nutrition, activities, biological characteristics, and training goals, programs and progress.

• Membership and usage information if you are an Rx member, such as the Facilities you visit and the times you check in, workouts you log, classes you book, and information provided when you purchase or schedule training sessions.

• Personal preferences such as favorite programs, classes and instructors.
• Sensory information such as audio, electronic, visual and similar information, including photographs and CCTV video footage.

• Information in connection with applying for a job at Rx such as employer and employment history, education, job function, salary, professional certifications and other resume information.
• Online and other electronic network activity, such as browsing history, search history, and information regarding your interaction with the Sites and other websites, applications or advertisements.

• Social media handles, content and other information that you post to our social media pages or tag us on your social media pages, and information we obtain from third-party social media services (e.g., Facebook) if you choose to link to, or create or log in to your Rx online account through, these services.

• Information from third-party fitness devices, apps or services (e.g., Wodify Apps) or from our affiliates’ or third-party partners’ sites, apps, products, services or offerings (the foregoing, collectively “Connected Accounts”), if you choose to connect any of the foregoing to your Rx account or our Sites, or if you chose to use your Rx account to log into or validate your account with any Connected Account.

• Other Information you provide to us, including through emails and other communications, surveys, information or content transmitted or uploaded through your Rx account (such as posts to message boards), and interactions with Rx and its personnel, or information when you enter any contests or promotions we may offer.

• Inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

In many cases, we will collect the personal information described above directly from you. In some cases, however, we will collect the information from other sources, such as:

• Business partners: we may obtain your information from other businesses with which we partner to provide you with products, services or offers we believe may be of interest to you, including our on-property partners such as lessees and through any Connected Accounts.

• Friends and family: we may obtain your Information from your friends and family, such as when they refer to you our products, services or other offers.

• Other sources: we may obtain information from other sources such as publicly available databases, joint marketing partners, social media platforms, consumer data resellers, online advertising companies, and vendors who provide services on our behalf.

INFORMATION WE OBTAIN BY AUTOMATED MEANS
When you interact with our Sites, or when you connect to our Wi-Fi network at one of our Facilities, we obtain certain information by automated means, such as cookies, web server logs, web beacons, and other technologies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server.

We use these automated technologies to collect information about your equipment, devices, internet connection, browsing actions, and usage patterns. The information we obtain in this manner may include your IP address, identifiers associated with your devices, types of devices connected to our services, web browser characteristics, browsing history, device characteristics, language preferences, referring/exit pages, clickstream data, and dates and times of visits to our Sites. We may also obtain information about how you interact with the Sites, such as features and pages you visit, search queries, and download errors. These technologies help us (1) remember your information so you will not have to re-enter it; (2) track and understand how you use and interact with our products and services; (3) tailor the products and services around your preferences; (4) measure the usability of our products and services and the effectiveness of our communications; and (5) otherwise manage and enhance our products and services. 

Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Sites. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device. 

HOW WE USE YOUR INFORMATION
We use the personal information we obtain about you to perform our contract with you or to take steps at your request prior to entering into a contract with you, including to:

• Provide our services, products and other offerings to you.

• Provide a seamless and integrated experience across Connected Accounts.

• Establish, manage and administer your membership and account with us, including verifying customer information and carrying out billing functions. We reserve the right to use any contact information held on file (including email, mailing address, and telephone or mobile phone) to contact to you when administering your membership.

• Process and fulfill your purchases in connection with our membership opportunities, products and services (e.g., training sessions and retail purchases), and keeping you informed about the status of your membership and purchases.

• Provide customer support services.

• Manage career opportunities, including for recruitment purposes, candidate screening, interviewing and evaluation, and employee onboarding.

• Establish and manage our relationships with our vendors, providers, suppliers and consultants. We also use the information we obtain based on our legitimate interests and business purposes, including to:

• Personalize and improve your experience on the Sites and at our Facilities.

• Provide you with a more personalized and relevant membership with Rx.

• Communicate with you about our products and services, and send you promotional and other marketing communications. You can opt out of these communications at any time.

• Communicate with you about, and administer your participation in, sweepstakes, surveys, events, programs, contests, promotions and other offers.

• Enable our affiliated companies and business partners (e.g., on-premises lessees and charitable organizations we partner with) to provide you with products and services, and send you information that you requested or that we think may interest you about their products or services.

• Respond to your requests and inquiries.

• Operate, evaluate, develop, manage and improve our business, including by operating, administering, analyzing and improving our Sites, products and services; conducting research and developing new products and services; managing and evaluating the effectiveness of our communications; performing accounting, auditing, billing, reconciliation and collection activities and other internal functions.

• Perform analytics (including market research, trend analysis, financial analysis, and anonymization of personal information);

• Protect against, identify and prevent safety and security issues, fraud and other criminal activity, claims and other liabilities; and

• Conduct investigations and comply with and enforce applicable legal requirements, relevant industry standards, and our policies and terms, and for the establishment, exercise or defense of legal claims, whether in court proceedings or in administrative or out-of-court procedures.

We use your personal information for these purposes because we have a legitimate business interest in providing services to our members, guests and other interested individuals that is not overridden by your interests, rights and freedoms to protect personal information about you.

Where we need to collect personal information by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (e.g., to process your payment). In this case, we may not be able to provide you with the product or service you have requested but we will endeavor to notify you if this is the case.

We also may use the information we collect about you in other ways for which we will provide specific notice at the time of collection and obtain your consent if required by applicable law.

THIRD-PARTY ANALYTICS SERVICES
We use third-party web analytics services on our Sites, such as Google Analytics. The service providers that administer these services use automated technologies to collect data (such as IP addresses) to evaluate use of the Sites.

To learn how to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.

INTEREST-BASED ADVERTISING
When you visit our Sites, we may collect information about your online activities for use in providing you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. This section of our Privacy Policy provides details and explains how to exercise your choices.

You may see certain ads on other websites because we engage third-party ad buying networks (such as Google Ads and Facebook). Through such ad networks, we can target our messaging to users through demographic, interest-based and contextual means. These networks track your online activities over time and across multiple websites by collecting information through automated means, including through the use of third-party cookies, web server logs, pixels and web beacons. The networks use this information to show you ads that may be tailored to your individual interests. The information our ad networks may collect on our behalf includes data about your visits to websites that serve Rx advertisements, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our Sites and on third-party websites that participate in these ad networks. This process also helps us track the effectiveness of our marketing efforts.

To learn how to opt out of ad network interest-based advertising in the U.S., please visit http://www.aboutads.info/choices and http://www.networkadvertising.org/choices. In the European Union, please visit http://www.youronlinechoices.eu. To the extent required by applicable law, we will obtain your consent before using your information for interest-based advertising.

INFORMATION SHARING
We share your personal information with our vendors and other advisors such as law firms and auditors, who perform services or functions on our behalf, such as vendors who assist Rx in maintaining the Sites, sending postal mail and email, managing and updating member lists and records, analyzing data, and facilitating customer service. In accordance with applicable law, we have entered into appropriate written agreements with our vendors and we do not authorize our vendors to retain, use or disclose the information for any purpose other than the specific purpose of performing services on our behalf or complying with legal requirements. However, in certain instances vendors may use aggregated, de-identified information for their reasonable business purposes such as improving their products or services or for statistical reporting.

We may share your personal information with our affiliates, subsidiaries and parent companies, or other businesses with which we partner to provide you with products, services or offers we believe may be of interest to you, including on-premises businesses and charitable organizations we partner with.

In accordance with applicable law, we may disclose information about you:

• If we are required to do so by law or legal process (such as a court order or subpoena).

• In response to requests by government agencies, such as law enforcement authorities.

• To establish or defend our legal rights or to enforce our membership agreement, terms and conditions and other contracts with you.

• When we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss.

• In connection with an investigation of suspected or actual illegal activity or violation of our membership rules and policies.

We may otherwise disclose information where we have obtained your consent to do so. We also reserve the right to assign or transfer any information we have about you in the event of any merger, acquisition, sale of assets, sale of our business, joint venture, reorganization, divestiture, dissolution, liquidation or other corporate transaction, involving us or any of our parent companies or affiliates.

OPT-OUT
Where required by applicable law, we will obtain your consent to send you marketing communications. If you do not wish to receive any marketing emails, you can opt out of future mailings by clicking on the unsubscribe link located on the bottom of the relevant email. If you are a member and have an account on the Sites, you can unsubscribe at any time by logging in and adjusting your communications preferences. If you are a member, please note that even if you opt out of receiving promotional emails, you will continue to receive administrative and operational communications regarding your membership, such as notices regarding billing, session reminders or gym closures.

THIRD-PARTY SITES AND CONNECTED ACCOUNTS
For your convenience, the Sites may contain links to other online services or otherwise enable you to connect with third party sites, features, plug-Ins, tools, widgets, social media platforms or apps such as Facebook, Instagram, Twitter, YouTube and Apple (collectively “Third-Party Sites”). or they may enable you to connect or link to, or otherwise use your Rx account in connection with, Connected Accounts. Third-Party Sites operate independently from us, and the privacy practices of the relevant third parties, including details on the information they may collect about you, are subject to the privacy policies of those third-parties. You acknowledge and agree that your interactions with those Third-Party Sites and Connected Accounts, and your rights and obligations when accessing and using Third-Party Sites and Connected Accounts, are not governed by this Privacy Policy (or the Rx Terms of Use) and will instead be governed by the terms and policies of those Third-Party Sites, and we encourage you to carefully read those terms and policies, as they may differ from ours. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR THE NATURE AND CONTENTS OF ANY FOR THE PRACTICES OF, OR THE COLLECTION, USE OR SHARING OF YOUR PERSONAL INFORMATION BY, ANY THIRD-PARTY SITES OR CONNECTED ACCOUNTS.

UPDATES TO OUR PRIVACY POLICY
We may periodically update this Privacy Policy, in our discretion, to reflect change in our privacy practices, the Sites and applicable law. We will post a notice on the Sites to notify you of significant changes to our Privacy Policy and indicate at the top of this Privacy Policy when it was most recently updated. You should check this page from time to time to ensure you understand, acknowledge, and agree with our current Privacy Policy.

CONTACT
If you have questions regarding our Privacy Policy or your Rx membership, please contact us at [email protected] For general questions regarding Rx, our Facilities or the Sites, please visit https://rxstrengthtraining.com/contact.