PRIVACY POLICY

Last Updated: November 14, 2024

This Privacy Policy (“Policy”) describes how The Exercise Coach and its affiliates (collectively, “TEC,” “we,” “our,” “us”) collects, uses, and discloses the personal information we obtain about individuals who use our website https://exercisecoach.com/, our mobile applications, or provide us information to become a franchisee (collectively, our “Services”).

By using our Services or otherwise providing personal information to us, you agree to our Terms of Use and our privacy practices as described in this Policy.

SMS POLICIES

When you submit your mobile number through our website or via advertising platforms like Google, Facebook, LinkedIn, or others, you consent to receiving text messages (SMS/MMS) from us. These messages might include essential communication for scheduling appointments, as well as promotions, special offers, coupons, or other relevant information.

You have the right to opt out of receiving our messages at any time by texting “STOP” to our number. Upon receiving your “STOP” request, we will send you a confirmation message to verify that you have successfully unsubscribed. Following this, you will cease to receive any further SMS messages from us. Should you decide to opt back in, you can re-subscribe by following the original subscription process or by texting “START” or “JOIN” to us, resuming the receipt of our messages.

Should you encounter any problems, simply text “HELP” for assistance.

Please be aware that your neither we nor your mobile carrier are responsible for any delayed or undelivered messages.

Standard message and data rates may apply to all messages exchanged, and you may receive up to 10 messages per month from us, potentially more if you engage in text conversations with our team.

For any questions related to your text or data plan, it is recommended that you reach out directly to your wireless service provider.

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Table of Contents

Personal Information We Collect
Cookies and other Tracking Technologies
Information From or About Other Parties
Sources from Which We Collect Personal Information
Our Purposes for Collecting Personal Information
Retention of Personal Information
Your Choices
How We Disclose, Share, and Sell Personal Information
United States Privacy Rights
Social Media and Other Online Services
Additional Information about Our Mobile Application
Security
Changes to This Policy
How To Contact Us

1. Personal Information We Collect

In this Policy, “personal information” (a/k/a “personal data”) means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal information does not include information that is publicly available as defined by applicable privacy legislation or is anonymized.

Generally, we may collect the following categories of personal information, note that the personal information we collect about you may vary depending on the nature of your interactions with us and may not include all of the examples listed below.

Identifiers, including real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, driver’s license number, passport number, state identification card number, or other similar identifiers
Personal information described in Cal. Civ. Code § 1798.80(e), including name, physical characteristics or description, address, telephone number, driver’s license number, passport number, state identification card number, education, employment, bank account number, credit card number, debit card number, or other financial information
Characteristics of protected classifications under California or federal law, including age and date of birth, race, ancestry, ethnic origin, sex, gender, medical condition, and disability
Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
Internet or other electronic network activity information, including internet, or other similar activity, browsing history, search history, application logs, device data and registration, and information regarding your interactions with our websites, applications, or advertisements
Geolocation data, including location data inferred from your device IP address
Audio, electronic, visual, thermal, olfactory, or similar information, including closed-circuit audio/video, photographs and video of you, and audio collected when you interact with us by telephone
Inferences used to create a profile reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
Sensitive Personal Information. The categories of personal information we may collect include the following categories of sensitive personal information:
- Account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account
- Personal information that reveals a consumer’s precise geolocation (location within a radius of at least 1,850 feet)
- Personal information that reveals a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership
- Personal information collected and analyzed concerning a consumer’s health

Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to collect and store information about your interactions with our Services, including information about your browsing behavior. Our Services support third-party cookies placed by our service providers and third parties, such as advertising partners. This means that our service providers and advertising partners can collect and use information regarding your interactions with our website as further detailed below.

Cookies are small files that a website transfers to your device through a web browser that enable the website’s or a third party’s systems to recognize your device and capture and remember certain information. Web beacons (also known as tracking pixels) are tiny graphics embedded invisibly on a webpage or in an email that may be used to deliver or communicate with cookies, to count users who have visited certain pages, and to understand usage patterns. In general, our website uses cookies and other tracking technologies as follows:

Where necessary to run our website
To optimize the functionality of our website
For analytics purposes
For purposes of ad targeting and marketing
To determine if our email messages have been opened and acted upon

For more information on using browser settings to reject cookies, please visit www.allaboutcookies.org. You should note that rejecting cookies in your browser settings may mean that any preferences you set on the Services will be lost and that the Services may not work as well.

Online Advertising. Our website collects information about you in order to target advertisements to you when you browse the internet or use social media.

Analytics. We use analytics tools including Google Analytics to analyze how you interact with our Services. This software may collect information such as your IP address, location, operating system, access time, duration of visit, and actions you take on our website. Google Analytics is owned and controlled by Google LLC. Data collected by Google is subject to its privacy policy. You may opt-out of having your website activity made available to Google Analytics by installing the Google Analytics browser add-on, available here.

Do Not Track Signals. Our Services does not respond to “Do Not Track” signals sent by browsers, mobile devices, or other mechanisms.

Information From Or About Other Parties

Personal information may be provided by you, on our Services via message boards, chat, profile pages and blogs and other services to which you are able to post information and materials, which we may (but are not obligated to) supply through or in connection with the Service. Please note that any information you post or disclose through these Services will become public information (including any social sharing activity). By connecting your Service account and your social media account you authorize us to disclose information to your social media account provider, and you understand that the use of the information we share will be governed by the social media site’s privacy policy.

If you submit any personal information relating to other people to us or to our service providers in connection with the Service, you represent that you have the authority to do so and to permit us to use the information in accordance with this Policy.

Sources from Which We Collect Personal Information

Generally, we collect the categories of personal information described above from the following categories of sources:

Directly from you
From our independently owned and operated franchisees
Automatically when you use our Services
When you interact with us by telephone
From service providers that help us to run our business (such as those that host or support the Services, provide analytic, communications, marketing, or data storage services, or otherwise perform functions on our behalf)
From third parties, which may include internet service providers, ad networks, social networks, and individuals who may submit personal information about you
Derived from other information we collect

Our Purposes for Collecting Personal Information

Generally, we collect personal information or sensitive personal information for the purposes described below. The specific purposes for which we collect your personal information may vary depending on the nature of your relationship with us.

To communicate with you, respond to your inquiries, fulfill your requests, and complete your purchases
To provide you with customer service
To provide our Services
To send administrative information to you
To provide operational, analytical, and other support for our Services and franchisees
As part of our application process for potential franchisees, and relationship with current franchisees
To send marketing, promotions, and advertisements
To personalize your experience on the Service by presenting products and offers tailored to you
To facilitate social media platform sharing functionality
To personalize your use of the Service by customizing exercises or other fitness content
To allow you to participate in sweepstakes, contests, and similar promotions and to administer these activities
To conduct, audits, fraud monitoring, and prevention
To develop new products, improving or modifying our Service, identifying usage trends, data analysis, determining the effectiveness of promotional campaigns, and operating and expanding business activities
To comply with applicable laws and regulations

We may use sensitive personal information to provide our Services, comply with government reporting requirements and other legal obligations, to manage the security of our property, systems, and your account, and to provide reasonable accommodations.

In addition to the purposes described above, we may use and disclose any category of personal information or sensitive personal information we collect to respond to law enforcement requests, or as otherwise required or authorized by applicable law, court order, or governmental regulations; to protect our rights and interests and those of others (including our franchisees); to resolve any disputes; to enforce our policies; and to evaluate or conduct a merger, sale, or other acquisition of some or all of our assets. We also reserve the right to use personal information we collect for any other purpose identified in an applicable privacy notice, click-through agreement, or other agreement between you and us, or otherwise with your consent.

Retention of Personal Information

We keep the categories of personal information described above for as long as is necessary or permitted for the purposes described in this Policy or otherwise authorized by law. This generally means holding the information for as long as one of the following apply:

Your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
Your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected;
The personal information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case); or
We are otherwise required or permitted to keep your personal information by applicable laws or regulations.

Where information is used for more than one purpose, we will retain it until the purpose with the latest period expires. For more information about our retention practices, please contact us using the contact details below.

Your Choices

Updating Your Information. If you wish to update the personal information you have provided to us, you may do so by logging in to your account or by contacting us.

Marketing Emails. You may unsubscribe from marketing email communications by following the unsubscribe instructions contained in any email you receive from us. We may still send you administrative emails about your account or any product you have requested or received from us.

Mobile Application. If you no longer wish to provide us with information through our mobile application, you may delete or deactivate your account through the app.

Text Messages. If you no longer wish to receive promotional or marketing text messages from us you may unsubscribe by replying with the word “STOP” to a text message from us.

8. How We Disclose, Share, and Sell Personal Information

Disclosures for a Business or Commercial Purpose

We may disclose personal information to our service providers, franchisees, and business partners for business purposes as follows:

Personal Information:

Processing your transactions, purchases, or your requests for products or services
Performing services (including processing, maintaining, or collecting personal information) on our behalf (e.g., fulfilling and delivering orders, customer service, processing requests or transactions, processing payments, supporting our promotions, and providing communications, technical, analytical, auditing, web hosting, cloud hosting and application support, support for our vendor management, or other services on our behalf)
To offer or provide you goods and services through the Service
Conducting sweepstakes, contests, and similar promotions
Auditing related to ad impressions
Ensuring security and integrity of personal information
Debugging to identify and repair errors that impair existing intended functionality
Providing advertising and marketing services
Undertaking activities to verify or maintain the quality or safety of our Services
To comply with applicable laws and regulations
Detecting or protecting against malicious, deceptive, fraudulent, or illegal activity

Sensitive Personal Information:

To provide our Services or fulfilling your requests
To comply with applicable laws and regulations
To manage the security of our property and systems
To protect the security of our Services and your account
To detect and prevent fraud against you and/or us

Sales and Sharing of Personal Information

Although we do not sell personal information in exchange for money, some of the ways in which we share personal information for advertising or analytics may be considered “sales” or “sharing” under U.S. state privacy laws. Listed below are the categories of personal information we share for purposes of targeted/cross-context behavioral advertising or otherwise “sell” for non-monetary consideration. We do not have actual knowledge that we sell or share the Personal Information of consumers under 16 years of age. If you would like to opt out, please see the information below for your state of residence.

Category of Personal Information:

Identifiers
Personal Information described in Cal. Civ. Code § 1798.80(e)
Commercial Information
Internet or other electronic network activity information
Geolocation Data
Inferences

Categories of Third Parties to which Information was Sold or Shared:

Advertising companies
Social networks
Business partners

Purposes for Selling/Sharing:

For marketing, advertising, certain types of analytics or similar purposes
To show you relevant ads while you browse the internet or use social media
To provide operational, analytical, and other support for our business partners

9. United States Privacy Rights

If you are a resident of California, Colorado, Connecticut, Virginia, or Utah you have the right to submit certain requests relating to your personal information as described below. To exercise any of these rights, please submit a request through our [email protected] or call us at 1-800-XXX-XXXX. Please note that if you submit a privacy rights request you will be asked to provide 2-3 pieces of personal information that we will match against our records to verify your identity. You may designate an authorized agent to make a request on your behalf; however, you will still need to verify your identity directly with us before your request can be processed. An authorized agent may submit a request on your behalf using the webform or toll-free number listed below.

Submitting Requests Relating to Your Personal Information

California Privacy Rights

This section supplements the other parts of our Policy and provides disclosures for California residents under the California Consumer Privacy Act (the “CCPA”).

Right to Know. You have the right to know what personal information we have collected about you, which includes:

The categories of personal information we have collected about you, including
1. The categories of sources from which the personal information was collected
2. Our business or commercial purposes for collecting, selling, or sharing personal information
3. The categories of recipients to which we disclose personal information
4. The categories of personal information that we sold, and for each category identified, the categories of third parties to which we sold that particular category of personal information
5. The categories of personal information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of personal information
The specific pieces of personal information we have collected about you.

Right to Delete. You have the right to request that we delete personal information we collected from you, subject to certain exceptions. Where we use deidentification to satisfy a deletion request, we commit to maintaining and using the information in deidentified form and will not attempt to reidentify the information.

Right to Correct Inaccurate Information. If you believe that personal information we maintain about you is inaccurate, you have the right to request that we correct that information.

Right to Opt Out of Sales and Sharing of Personal Information. You have the right to opt out of the sale of your personal information, and to request that we do not share your personal information for cross-context behavioral advertising. To opt-out, please click here [link to sale opt-out mechanism]. If you choose to use a browser-based opt-out signal, such as the Global Privacy Control (GPC), you will be opted out of cookie-based sales and sharing of personal information and will need to turn it on for each browser you use.

Right to Limit Use and Disclosure of Sensitive Personal Information. We do not use sensitive personal information for purposes to which the right to limit use and disclosure applies under the CCPA.

Right to Non-Discrimination for the Exercise of Your Privacy Rights. If you choose to exercise any of your privacy rights under the CCPA, you also have the right not to receive discriminatory treatment by us.

Notice of Financial Incentive. This notice of financial incentive applies to certain promotions such as discounts and special offers. We reserve the right to terminate promotions or any other offers at any time at our sole discretion. Participation requires you to provide some personal information, such as identifiers (e.g., name, email address, telephone number, zip code).

Incentive Offered: Based on your provision of information, you may receive discounts and special offers, including two complimentary sessions.
Material Terms: The categories of personal information collected includes identifiers (e.g., name, email address, telephone number, zip code).
How to Opt-In: You can opt in to the promotion by providing your identifiers on the Services.

We have made a good faith estimate that the value of California residents’ personal information provided in connection with our promotions is equivalent to the relevant expenses related to the collection and retention of that personal information. Any difference in price or benefits provided to customers who participate in our rewards programs is reasonably related to the value of the personal information provided. By providing personal information for one of our promotions, you consent to any financial incentive associated with that program. You have the right to withdraw from the financial incentive at any time by cancelling your participation in the promotion. To cancel your incentive please contact us at [email protected] or (888) 574-5994.

Other State Privacy Rights

This section supplements the other parts of our Policy and provides additional information for residents of Colorado, Connecticut, Virginia, and Utah. If you are a resident of California, please review our California-specific disclosures above.

We may process your personal information for targeted advertising and some of the ways that we disclose personal information may constitute a sale (as the term is defined in the applicable state privacy laws).

If you are a resident of Colorado, Connecticut, Virginia, and Utah, subject to certain conditions and restrictions set out in the applicable laws, you have the following rights with regard to your personal information:

Right to Access. You have the right to request access to and obtain a copy of any personal information that we may hold about you.

Right to Correct. You have the right to request that we correct inaccuracies in your Personal Information.

Right to Delete. You have the right to request that we delete personal information that we have collected from or obtained about you.

Right to Opt Out of Targeted Advertising. You have the right to request that we stop disclosures of your Personal Information for targeted advertising via cookies and tracking technologies by adjusting your cookie preferences through the “Do Not Sell or Share My Personal Information” link in the footer of this page.

Right to Opt Out of Sales. You have the right to opt out of our Sales of your personal information.

Right to Opt Out of Profiling. You have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects. We do not use personal information to conduct profiling.

Right to Appeal. If you are unsatisfied with our actions related to the exercise of one of your privacy rights above, you may appeal our decision (Virginia, Colorado, and Connecticut only).

Social Media and Other Online Services

Our Service may provide links or otherwise facilitate access to external websites or online services that are operated by unaffiliated parties, including social media platforms, for your convenience. For example, if you “like” or “follow” us, or if you engage with our advertising on social media platforms where you complete a webform that is submitted to us, that personal information is governed by that social media platform’s privacy policy, which we do not own or control. This Policy does not apply to the practices of companies that we do not own or control. The information you provide through the social media platforms may be publicly displayed, and the party operating the social media platform may receive information about you and your use of our Services. Similarly, if you interact with us through those social media platforms, we may have access to information about you. You should review the terms, policies, and settings of the social media platforms you use to learn more about their data practices and adjust your settings accordingly.

Additional Information about Our Mobile Application

Our mobile application is powered by Gymbot, LLC (referred to as Exerbotics). Please note that information you provide through the mobile application will be processed by both TEC and Gymbot for Gymbot’s own internal purposes. Information collected through the mobile application is subject to our Policy and Gymbot’s privacy policy. For more information regarding Gymbot’s Terms of Use and privacy practices please click here.

Security

We have implemented commercially reasonable technical, administrative, and physical security measures to protect your personal information from unauthorized access or disclosure and improper use. Please note that despite our reasonable efforts, no security measure is perfect or impenetrable, therefore we cannot guarantee the absolute security of your personal information.

Changes to This Policy

If we change this Policy, we will post those changes on this page and will modify the “Last Updated” date at the top of this Policy.

14. How to Contact Us

If you have questions about our privacy practices, please contact us as follows:

Toll-free call: (888) 574-5994

Email: [email protected]

Postal Mail:

Attention: Privacy

531 Telser Rd.

Lake Zurich, IL 60047