Effective date: May 10, 2024

Introduction

Corporate Fitness Works, Inc. (“Company” or “we” or “us”) respects your privacy and is committed to protecting it through compliance with this policy.

This policy describes the types of information we may collect from you when you visit one of our fitness centers, one of our websites (https://corporatefitnessworks.com, https://well-on-track.com, https://cfwvirtual.com, https://www.ptminder.com, https://streaming.corporatefitnessworks.com, https://info.corporatefitnessworks.com, https://healthycommunity.ca, or https://corehealth.global, (together, our “Website”)), or our mobile application or otherwise use our products or services and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• On our Website or mobile application.
• In email, text, and other electronic messages between you and us.
• At one of our fitness centers.
• From sources otherwise described in this policy, such as third-party service providers we use to support our business.

This policy does not apply to information collected by any third party, including through any third-party mobile application or website or any content (including advertising) that may link to or be accessible from the Website or mobile application.

Please read this policy carefully. If you do not agree with our policies and practices, your choice is to not provide us information, use our Website or mobile application, or otherwise use our products or services. By accessing or using our Website or mobile application, our fitness center, or one of our products or services, or by signing this policy, you agree to this privacy policy.

This policy may change from time to time (see Changes to Our Privacy Policy, below). Your continued use of our Website or mobile application, one of our fitness centers, or our products or services after we make changes to this policy is deemed to be acceptance of those changes.  Please check this policy periodically for updates.

Information We Collect About You and How We Collect It

We collect several types of information from users of our Website, mobile application, fitness centers, and products and services, including information:

• By which you may be personally identified, such as name, mailing address, email address, telephone number, or other information you provide to us;
• That is about you but does not necessarily identify you, such as your health or medical information, credit card information, emergency contact information, and the name of your employer or company;
• That shows the dates and times you checked into one of our fitness centers;
• That you may provide in response to one of our surveys, contests, or sweepstakes, which may include personal or demographic information;
• About your internet connection, the equipment you use to access our Website, and usage details; and/or
• Any other information you may provide to us.

We collect this information:

• Directly from you when you provide it to us or when you check into one of our fitness centers.
• Automatically as you navigate through our Website or mobile application. Information collected automatically on our Website may include usage details, IP addresses, and information collected through cookies, web beacons, or other tracking technologies.
• From third parties, including, for example, our business partners and service providers, or your employer or its service provider, in connection with our fitness centers, Website, mobile application, products, or services you may use.

Automatic Data Collection Technologies 

As you visit our Website or mobile application, we may use automatic data collection technologies to collect information about your equipment, browsing actions, and patterns, including:

• Details of your visit, including traffic data, location data, logs, and other communication data and the resources you access and use.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We may maintain or associate information we collect automatically with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and mobile application and deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website and mobile application according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website or mobile application.

 

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, you may be unable to access certain parts of our Website or mobile application. Unless you have adjusted your browser setting to refuse cookies, our system will issue cookies when you direct your browser to our Website or mobile application.
• Flash Cookies. Certain features of our Website or mobile application may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website and mobile application. Flash cookies are not managed by the same settings used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of our Website or mobile application may be inaccessible or not function properly.
• Web Beacons. Pages of our Website or mobile application and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Privacy Policies and Other Tracking Technologies

In joining one of our fitness centers or otherwise using our products or services, you may be asked to provide your information to one of our third-party service providers, such as, for example, on a mobile application.  Also, our Website or mobile application may link to the websites or mobile applications of other companies or organizations not affiliated with or controlled by us, and some content or applications on our Website or mobile application are served by third parties. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our Website or mobile application or when you navigate to their websites or mobile applications. The information they collect may be associated with your personal information, or they may collect information, including personal information, about your online activities over time and across different websites, applications, and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control the privacy practices of third parties.  For example, we do not control whether or how third parties may use your information or may use tracking technologies with respect to your information. If you have any questions about a third party’s privacy practices or about an advertisement or other targeted content or how any third party may collect or use your information, you should contact the responsible third party directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your membership, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you or your employer and us, including for billing and collection.
• To present our Website and mobile application and their contents to you.
• To notify you about changes to our Website, mobile application, or any products or services we offer.
• To allow you to participate in interactive features on our Website or mobile application.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.
• To contact you about our own goods and services that may be of interest to you.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose the information that we collect, or that you provide, as described in this privacy policy to any or all of the following:

• Our employees, contractors, service providers, software providers, professional advisers, insurers, agents, and other third parties we use to support our business.
• Any third parties as may be required by your employer to administer any programs and services in which you are enrolled.
• Any party to fulfill the purpose for which you provided the information. For example, if you provide credit card information to pay for our personal training service, we may share such information for credit card clearance, order fulfillment, customer support, or other related reasons.
• Any party to fulfill any other purpose disclosed by us when you provided the information.
• Any party with your consent.
• Any party to comply with any court order, subpoena, civil investigative demand, legal process, law, or regulation, including to respond to any government or regulatory request.
• Any party to enforce or perform any contracts, agreements, or obligations, including, for example, for billing and collection purposes.
• A buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.
• Any party if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our employees, our customers, or others. This includes exchanging information with other parties for the purpose of fraud protection and credit risk reduction.

Reviewing and Requesting Changes to Your Information

If you would like to review and request any changes to your personal information on file with us, you may direct the request to us in writing at the address or email address stated below (see Contact Information, below). We may not accommodate such a request if we believe compliance with the request would violate any law, regulation, contract, or other legal obligation or cause the information to be incorrect.  We reserve the right to deny, in our sole discretion and for any reason, any request to review, change, delete, or otherwise access any information in our records.

Your California Privacy Rights

California Civil Code Section § 1798.83 may permit California residents to request certain information regarding our disclosures, if any, of personal information to third parties for their direct marketing purposes.  If you are a California resident with an established business relationship with us and would like to request information from us about whether we have shared your information to third parties for their direct marketing purposes during the preceding calendar year, you may direct the request to us in writing at the mailing or email address stated below.

California law may require us to inform you how we respond to do-not-track (DNT) signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites or online services.  Because there is no industry or legal standard for recognizing or honoring DNT signals or other such mechanisms, we don’t respond to them at this time.

Nevada Consumers

Nevada law gives Nevada consumers the right to request that a company that operates a website for commercial purposes not sell their personal information for monetary consideration to another party for the other party to license or sell the information to additional parties.  This right may apply even if personal information is not currently being sold.

We do not sell personal information and do not currently operate in Nevada.  However, if you are a Nevada consumer who wishes to exercise a right to request us not to sell your personal information, please direct your request to the email address identified below (see Contact Information, below).  We reserve the right to take reasonable measures to verify the authenticity of the request and the identity of the consumer making the request.

Children Under the Age of 13

Our Website and mobile application are not intended for children under 13 years of age. No one under age 13 may provide any personal information on our Website or mobile application. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on our Website or mobile application or provide any information about yourself to us, including without limitation your name, address, telephone number, or email address.  If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us in writing at the mailing or email address stated below.

Data Security

We have implemented administrative, technical, and physical safeguards designed to secure your information, including personal information, from accidental loss and unauthorized access, use, alteration, and disclosure.

Unfortunately, no website, application, software, system, or database is completely secure or “hacker proof.” Although we try to protect your information, we cannot guarantee the security of your information. Any transmission of information, including personal information, is at your own risk. You are also responsible for taking reasonable steps to protect your information, including personal information, against unauthorized disclosure or misuse.  For example, if you have a password to access an account with us, we encourage you not to share that password with anyone.

Changes to Our Privacy Policy

It is our practice to post on our Website and mobile application any changes to our privacy policy. The date the privacy policy was last revised is identified at the top of the page. You are responsible for visiting this privacy policy to check for any changes.

Contact Information

To contact us regarding the matters covered by this privacy policy, write to:

Corporate Fitness Works, Inc.
1200 16th Street North
St. Petersburg, Florida 33705
Email: Compliance@teamcfw.com

EU WEBSITE DATA PROTECTION NOTICE

1. PURPOSE AND SCOPE OF NOTICE

The website, https://corporatefitnessworks.com, (our “Website”), is operated by Corporate Fitness Works, Inc. 1200 16th Street North, St. Petersburg, Florida 33705 (the "CFW" or “Company” or “we” or “us”).

This Data Protection Notice is intended to explain to our visitors (referred to as "you" or "your") how your Personal Data will be handled by CFW and sets out the basis on which we use, process, store or disclose any information including the personal information detailed below relating to your ("Personal Data") that we collect from you or that you provide to us through the Website. The Personal Data provided by you will be held by CFW as a controller.

This notice, and our Cookies Policy [here] applies to your use of the Website. We are not responsible for the content or privacy policies of other websites. Please note that we have an additional CFW Privacy Policy specific to users residing in the US at the following link [here]. We also have an additional Service User Data Protection Notice which applies when you access or use any of our services, and this can be accessed at the following link [here].

 

2. YOUR PERSONAL DATA COLLECTED AND OBTAINED

IMPORTANT: Please note that the below list of Personal Data we may collect about you, while intended to be as complete and accurate as reasonably possible, may be updated from time to time in accordance with section 10 of this Notice.

We may collect and process some or all of the following personal data about you:

Personal Data	Details
Usage and Device Data	This may include information about your visit to the Website,  including  the  full  Uniform  Resource Locators (URL), clickstream to, through and from the Website (including data and time), publications, services or other products you viewed or searched for, page response times, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page and linked websites that you can access through the Website ("Linked Websites"). Most of this Personal Data is collected using cookies on the Website. Please see our Cookies Policy for more information about how the Website uses cookies.
Technical Data	When using the Website, personal information is collected from you by CFW.  This may include information about your device browser including your IP address, browser and type of version, time zone setting, browser plug-in types and versions and operating system and platform.

 

You can choose to provide us with the following Personal Data:

Personal Data	Details
Identity Data	You may choose to give us additional information such as your first name, last name, e-mail address, company/employer details, phone number, address, job title, contact, and other details when contacting us and submitting enquiries through the Website.

 

3. HOW AND WHY WE PROCESS YOUR PERSONAL DATA

The following table details the legal bases on and purposes for which we collect and process your Personal Data:

Legal Basis	Purpose(s)
Legitimate Interests It is necessary for the purpose of our legitimate interests to collect and process this Personal Data.	Access to the Website · To allow customers access to the information on the Website; Improving Website Functionality & Efficiency · To provide, improve, test and monitor the effectiveness of the Website; · To monitor metrics such as total number of visitors, traffic data and demographic patterns; and · To send and receive information by email related to service delivery; Responding to queries · To process and respond to any enquiries or requests such as customer support you submit to us by email or through our Contact page. Promotional or Marketing materials · To provide you with information in relation about our events programme, general news from CFW, signing up to receive discounts, the promotion of our services, and other communications from CFW deemed to be of probable interest.
IMPORTANT: Before we process your Personal Data to pursue our legitimate interests for the above purposes, we determine if such processing is necessary and we carefully consider the impact of our processing activities on your fundamental rights and freedoms. On balance, we have determined that such processing is necessary for our legitimate interests and that the processing which we conduct does not adversely impact on these rights and freedoms.
Consent Generally, we do not rely on consent as a legal basis for processing your personal data. However, where we conduct any direct marketing activities in the EU, we will obtain your consent. You have the right to withdraw consent to marketing by contacting us at any time.	Third Party Direct Marketing · Subject to receiving your consent, we may send direct marketing communications to you via email.
Compliance with Legal Obligation It is necessary for us to collect and process your Personal Data in order to comply with the legal obligations imposed on us under applicable law.	· To comply with European Union and local EU laws.
To Defend a Legal Claim It is necessary for us to collect and process your Personal Data to investigate, establish, exercise or defend legal claims	· To file legal proceedings; · To investigate, establish, exercise or defend a legal claim; and · To settle legal claims.

We will only use your Personal Data for the purposes for which we collect it (as outlined in this section 3), unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Data for an unrelated purpose, we will notify you in accordance with section 10 of this Notice and we will explain the legal basis which allows us to do so.

 

4. AUTOMATED PROCESSING

We do not use automated decision making, such as profiling, to process your personal data.

 

5. LINKED WEBSITES

Our Website may link to the websites of other companies or organizations not affiliated with or controlled by us, including social media channels such as Twitter and LinkedIn and some content or applications on our Website are served by third parties. CFW is not responsible for the privacy notices or practices on Linked Websites. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our Website or when you navigate to their websites. The information they collect may be associated with your personal information, or they may collect information, including personal information, about your online activities over time and across different websites, applications, and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. This Data Protection Notice governs only information collected on the Website. When accessing Linked Websites, you should read the privacy notice published on the relevant Linked Website. The terms of our Data Protection Notice do not apply to Linked Websites. Please check these privacy notices before you submit any Personal Data to Linked Websites. We accept no liability in connection with any Linked Website, or any contract entered into with any third party on or through a Linked Website.

We do not control the privacy practices of these third parties.  For example, we do not control whether or how third parties may use your information or may use tracking technologies with respect to your information. If you have any questions about a third party’s privacy practices or about an advertisement or other targeted content or how any third party may collect or use your information, you should contact the responsible third party directly.

 

6. DISCLOSURE OF YOUR INFORMATION

This section describes those within CFW and outside CFW with whom we may share your Personal Data ("Recipients"):

RECIPIENT

CFW · Affiliates and shareholders of the Company

Other Recipients · Regulatory authorities and law enforcement agencies (where we are under a duty to disclose or share your Personal Data in order to comply with any legal or regulatory obligation or request); · External advisors e.g. lawyers, accountants and auditors (as necessary to protect CFW's legitimate and legal interests) to protect the rights, property or safety of CFW, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction; and · Service providers for IT service purposes, and to support the functioning of our Website.

 

7. Transfer of your Personal Data

Website users resident in the European Union should note that your Personal Data may be transferred to certain Recipients (mainly our external service providers) who are located outside the European Economic Area ("EEA") in countries with laws and practices that do not contain equivalent data protection rights for your Personal Data (i.e. the US). Where such transfers occur, we ensure that appropriate safeguards are in place by ensuring that: a) transfers do not occur without our prior written authority; and b) that an appropriate transfer mechanism, such as Module 2 of the Standard Contractual Clauses (as approved by the European Commission) or an adequacy decision of the European Commission, is in place to protect your Personal Data. If you would like to find out more about any transfers which affect your Personal Data, please contact us by e-mailing Compliance@teamcfw.com.

 

8. RETENTION OF YOUR PERSONAL DATA

In general, we will keep your Personal Data for as long as is necessary for the purposes for which it was obtained from the date of collection or, where you enter into a contractual arrangement with us, following the end of the performance of our contract (which may be up to 7 years in some cases).

Please note that in certain circumstances, we may hold your data for a longer period, for example, if we are processing an ongoing claim or believe in good faith that the law or a relevant regulator may reasonably, in our view, expect or require us to preserve your Personal Data.

 

9. YOUR RIGHTS AND HOW TO EXERCISE THEM

This table below sets out the rights which you have to address any concerns or queries with us about our processing of your Personal Data. Note that in certain circumstances, these rights may not be absolute. You can exercise any of these rights by submitting a request in writing to us. Contact details are set out at section 10 of this notice.

You also have the right to lodge a complaint with your local data protection supervisory authority. For further information see your local supervisory authorities website or reach out to them for contact information.

Right	Further Information
Right of Access	You have the right to request a copy of the Personal Data held by us about you and to access the following information in relation to the processing of your Personal Data: (1) the purposes of processing; (2) the categories of Personal Data concerned; (3) the recipients of your Personal Data; (4) the period for which your Personal Data will be stored; (5) the existence of your right to lodge a complaint with the Office of the Data Protection Commissioner; and (6) the source of your Personal Data. We will only charge you for making such an access request where we feel your request is unjustified or excessive.
Right to Rectification	You have the right to request that we amend any inaccurate Personal Data that we have about you.
Right to Erasure	You have the right to ask us to erase your Personal Data where: (1)    it is no longer necessary to perform the contract; (2)    you withdraw your consent and there is no other legal basis permitting us to process your Personal Data; (3)    you object and we have no overriding legitimate grounds; (4)    your Personal Data have been unlawfully processed; or (5)    your Personal Data must be erased to comply with a legal obligation. Please note that in some cases erasure may not be complete or immediate to the extent that some of your Personal Data may be required in order for the Website to function properly.
Right to Restriction of Processing	You have the right to ask us to restrict processing your Personal Data in the following situations: (1)    where you contest the accuracy of your Personal Data; (2)    where the processing is unlawful, and you do not want us to delete your Personal Data; (3)    where we no longer need your Personal Data for the purposes of processing, but you require the data in relation to a legal claim; or (4)    where you have objected to us processing your Personal Data pending verification as to whether or not our legitimate interests override your interests or in connection with legal proceedings. When you exercise this right, we may only store your Personal Data. and may not further process the data unless you consent, or the processing is necessary in relation to a legal claim or to protect the rights of another person or legal person or for reasons of important public interest.
Right to Data Portability	You may request us to provide you with your Personal Data which you have given us in a structured, commonly used and machine-readable format and you may request us to transmit your Personal Data directly to another data controller where this is technically feasible. This right only arises where: (1)    we process your Personal Data with your consent or where it is necessary to perform our contract with you; and (2)    the processing is carried out by automated means.
Right to Object	You have a right to object at any time to the processing of your Personal Data where we process your Personal Data on the legal basis of pursuing our legitimate interests.
If you have any concern in relation to how your Personal Data is used or processed, you have the right to lodge a complaint with your local Supervisory Authority.

We will provide you with information on any action taken upon your request in relation to any of these rights without undue delay and at the latest within one month of receiving your request. We may extend this up to two months if necessary, however, we will inform you if this arises.

10. CHANGES TO THIS NOTICE AND QUESTIONS

If we amend this notice, in whole or part, at our sole discretion, any changes will be effective immediately upon communicating the revised notice to you.

If at any time we decide to use your Personal Data in a manner significantly different from that stated in this notice, or otherwise disclosed to you at the time it was collected, we will notify you and you will have a choice as to whether or not we use your information in the new manner.

If you have any questions, comments or concerns about the way your Personal Data are being used or processed by the Company, please submit your question, comment or concern in writing to compliance@teamcfw.com.

 

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