Effective December 24, 2019

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PEAKS Training & Therapy (“PEAKS,” “PEAKS Lifestyle,” “we,” “us,” or “our”) values your privacy. In this Privacy Policy (“Policy”), we describe how we collect, use, and disclose information we obtain about visitors to our website, www.peakslifestyle.com  (the “Site”), users of our mobile applications (the “App” or “Apps”), visitors to the PEAKS Lifestyle facility (“Facility”), and the services available through our Site and App, and how we use and disclose that information. This Policy does not apply to the collection, use, and disclosure of your information, except as described in this policy with regard to data sharing.

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By visiting the Site, using or downloading the App, or using any of our services, you acknowledge that your personal information will be handled as described in this Policy. Your use of our Site, App, or services, and any dispute over privacy, is subject to this Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes. The Terms of Use are incorporated by reference into this Policy.

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1. The Information We Collect About You: 

We collect information about you directly from you and from third parties, as well as automatically through your use of our Site and App.

 

Information We Collect Directly From You. The information we collect from you depends on how you use our Site, App, and Services.
 

• To Book any Class or Appointment: To book any class or appointment at PEAKS Lifestyle, you must provide us with your name, email address, and phone number. On or before the date of your first visit, you must also complete the relevant intake forms providing information about any health conditions that could affect your ability to participate in the services provided by PEAKS Lifestyle.
   

• To Schedule Sessions Online: To create an account to sign up for workout sessions or to make purchases online through our Site or our App, you must provide us with your name, physical address, email address, date of birth, phone number, payment and billing information, and username and password.
   
  We will also collect information about the workouts you schedule and information about your attendance and purchases.
   

• Working Out at PEAKS Lifestyle: If you sign up for a Lifestyle Consultation and/or trial program or become a Member of PEAKS Lifestyle, you must provide us with your name, physical address, email address, date of birth, phone number, emergency contact information, and payment and billing information. We also will collect information about any health conditions that could affect your ability to participate in a workout. If you do not provide this information we may not be able to offer our services to you.
  
  We will also collect information about the workout sessions you schedule, details about your exercise frequency and goals, and information about your purchases. We will also collect information when you check in for a workout, such as your name, address, email address, and heart rate during sessions. We utilize Polar applications to collect your workout session heart rate, and other workout statistics to provide you with a report at the end of your sessions.
   

• During Quarterly Testing Weeks (“Testing”), you have the option of voluntarily providing your current body statistics, including progress pictures. This will measure your body’s muscle mass, fat percentage, and total body water, and will report your overall body composition and body mass index (based on your height, weight, gender, and age). These scans help you understand the effects of your workouts.
   

• Information We Collect from Social Networking Sites. You may log into your online account or our Apps through Facebook. If you log in to your account or link your account to your Facebook profile, you must enter your Facebook email address and password. We will ask that you grant us permission to: (i) access your Facebook basic profile information (this includes your name, profile picture, gender, networks, user IDs, list of friends, date of birth, email address, and any other information you have set to public on your Facebook account); (ii) post to your wall; and (iii) access posts in your newsfeed. If you allow us to have access to this information, then we will have access to this information even if you have chosen not to make that information public through Facebook.
  
  We store the information we receive from Facebook with other information that we collect from you or receive about you. Any third-party social networking site controls the information it collects from you. For information about how a social networking site may use and disclose your information, including any information you make public, please consult the social network’s privacy policy. We have no control over how any third-party site uses or discloses the personal information it collects about you.

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Information We Collect Automatically. 

We automatically collect information about your use of our Site and Apps through cookies, web beacons, and other technologies, including technologies designed for mobile apps. To the extent permitted by applicable law, we combine this information with other information we collect about you, including your personal information. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.

Site:  

• domain name;

• your browser type and operating system;

• web pages you view on the Site; links you click on the Site; your IP address;

• the length of time you visit our Site and or use our Services; and

• the referring URL, or the webpage that led you to our Site.  

 

App:

• mobile device ID; device name and model; operating system type, name, and version;

• language information;

• activities within the App; and the length of time that you are logged into our App;

• location information. With your permission, we will collect location information from your mobile device. You may turn off this feature through the location settings on your mobile device.

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2. How We Use Your Information:

We use your information, including your personal information, for the following purposes:

• To provide our services to you, to communicate with you about your use of our services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
   

• To tailor the content and information we may send or display to you, to offer personalized help and instructions, and to otherwise personalize your experiences while using the Site and App. We also use information collected through Polar and Testing to customize workout programs and classes and to conduct workout challenges.
   

• For marketing and promotional purposes. For example, we use your information, such as your email address, to send you news and newsletters, special offers and promotions, or to otherwise contact you about products, services, workout sessions, or other information we think may interest you.
   

• We use your information (typically in the aggregate) to assist us in advertising the PEAKS Lifestyle brand on third-party websites and in evaluating the success of our adverting campaigns through third-party channels (including our online targeted advertising and offline promotional campaigns).
   

• To better understand how users access and use our Site and Apps, both on an aggregated and individualized basis, in order to improve our Site and Apps and respond to user desires and preferences, and for other research and analytical purposes.
   

• To administer membership rewards.
   

• To administer surveys and questionnaires, such as for market research or member satisfaction purposes.
   

• To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
   

• Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, or violations of our Terms of Use or this Privacy Policy.

 

 

3. How We Share Your Information:

We may share your information, including personal information, as follows:

• Workout Sessions and Challenges. During a workout session, participants may share their name and heart rate information with other session participants on our in-studio display screens. If you participate in a workout challenge, you may share your name and workout information with other challenge participants. You may also share information about your workouts and challenges you participate in with your social media accounts.
   

• Health-focused Apps and Websites. With your consent, we may share your personal information, including workout and health data, with third-party health-focused mobile applications and websites to help you track your health and wellness information. If you choose to share your information with these apps, your personal information, including your health information, will be used in accordance with those apps’ and websites’ own privacy policies, not this one.
   

• Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
   

• Service Providers. We disclose the information we collect from you to third-party vendors, service providers, contractors, and agents who perform functions on our behalf. In particular, the Online Scheduler is hosted by Mindbody; as noted above, when you register for a workout, your information is available to the owners and operators of PEAKS Lifestyle.

We also disclose information in the following circumstances

• Business Transfers. If (i) we or our affiliates are or may be acquired by, merged with, or invested in by another company, or (ii) if any of our assets are or may be transferred to another company, whether as part of a bankruptcy or insolvency proceeding or otherwise, we may transfer the information we have collected from you to the other company. As part of the business transfer process, we will share certain of your personal information with lenders, auditors, and third-party advisors, including attorneys and consultants.
   

• In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, or other legal process, such as in response to a court order or a subpoena.
   

• To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which Ultimate is involved.
   

• Aggregate and De-Identified Information. We may share aggregate, de-identified, or anonymized information about users and members with third parties for marketing, advertising, research, or similar purposes.

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4. Use of Cookies and Other Tracking Mechanisms:

We and our third-party service providers use cookies and other tracking mechanisms to track information about your use of our Site and App. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf).

Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and App, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and App.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web or mobile application pages. We may use clear GIFs (aka web beacons, web bugs or pixel tags), in connection with our Site and App to, among other things, track the activities of Site visitors and App users, help us manage content, and compile statistics about usage of our Site and Apps. We and our third-party service providers also use clear GIFs in HTML emails to our customers to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Third-Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site, and to the extent permitted, our Apps. We also may use other analytic means to evaluate our Site and Apps. We use these tools to help us improve our Site’s and Apps’ performance and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services. To learn more about Google’s privacy practices, please review the Google Privacy Policy at https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent your data from being used by Google Analytics at https://tools.google.com/dlpage/gaoptout.

Do Not Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt out of targeted advertising by following the instructions in the Third-Party Ad Networks section.

Third-Party Ad Networks. We use third parties such as network advertisers to serve advertisements on third-party websites or other media (e.g., social networking platforms). This enables us and these third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors, and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs, and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information, including personal information, about you.

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5. 3rd Party Links:

Our Site and Apps may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

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6. Security of Your Personal Information:

We have implemented reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

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7. Access to Your Personal Information:

You may modify personal information that you have submitted by logging into your account and updating your profile information. You may also update your information by visiting the PEAKS Lifestyle facility. Please note that copies of information that you have updated, modified, or deleted may remain viewable in cached and archived pages of the Site or App for a period of time.

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8. Choices Regarding Promotional Emails:

In accordance with applicable law, we will send periodic promotional emails to you. You may opt-out of promotional communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails about recommendations or other information we think may interest you, we may still send you emails about your account or any services you have requested or received from us.

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9. Participation of Minors Including Children Under 13:

Our Site, Apps, and services are not designed for children under the age of 13. All individuals under the age of 18 must have their intake forms signed off on by a parent or guardian. If we discover that a child under the age of 13 has provided us with personal information without consent from a parent or guardian, we will delete such information from our systems.

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10. How to Contact Us:

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at team@peakslifestyle.com.

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11. CHANGES TO THIS POLICY

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site and App. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavour to provide you with notice in advance of such change by highlighting the change on our Site and App.