Effective Date: December 20th, 2019

This Privacy Policy
outlines Active Fit and Health, LLC’s (“we” or “us”) current policy on personal
information concerning club members, consumers, and franchisees, and covers the
operations of our fitness clubs, franchise operations, business development,
use of our web sites under anytimefitness.com (the “Sites”) and mobile software
applications, including our Active Fit and Health® application and may cover some
information pulled from affiliated applications, like MapMyFitness®, to the extent that
information is included in the Active Fit and Health® application
(“Apps”).

By using Anytime
Fitness® services,
Sites, Apps, products, features, tools or resources, you agree to the terms of
this Privacy Policy and our Terms
of Use
. You may refuse or withdraw your consent at any time;
however, we may not then be able to provide you with our full range of products
and services. You may not use the Sites, Apps, or our products or services if
you do not agree to the Privacy Policy.

This policy may
change from time to time. Your continued use after we make changes is deemed to
be acceptance of those changes, so please check the policy periodically for
updates.

In the following
Privacy Policy, we provide you with information regarding:

  1. Personal Information
    We Collect through the Site and Apps
  2. How We Use and Share
    Your Personal Information
  3. Our Use of Your
    “Cookie” Information on the Site and Apps
  4. Our Relationship with
    other Websites
  5. Access and Correction
    of your Personal Information
  6. Security of Your
    Personal Information
  7. Retention of your
    Personal Information
  8. Changes to this
    Privacy Policy
  9. How to Contact Us
  10. Country-Specific
    Addenda

We encourage you to
read this whenever you visit our fitness clubs or Sites or use our Apps, since
we may change this policy from time to time. A copy of the current policy is
always posted at https://activefitandhealthy.com/privacy.

Territories

This Privacy Policy
covers our activities throughout the world. We may host the Sites or
information within the Apps on servers located within these countries or in any
other country we, our service providers, or our service providers’ vendors
maintain facilities, including the United States. This means that your personal
information may be stored on servers located within any country where there are
Active Fit and Health® locations. The
locations of our servers may change from time-to-time. Further, our franchisees
may maintain individual websites in the country or territory they service.

Privacy requirements
and treatment of personal information varies from country to country. To meet
these requirements, we have included certain “Country-Specific Privacy Notices”
as part of this Privacy Policy. You may locate the Country-Specific Privacy
Notices on the respective websites for each country by clicking on the links
below:

Active Fit and Health, LLC
complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy
Shield Framework as set forth by the U.S. Department of Commerce regarding
the collection, use, and retention of personal information transferred from the
European Union and Switzerland to the United States.  Active Fit and Health, LLC
has certified to the Department of Commerce that it adheres to the Privacy
Shield Principles.  If there is any conflict between the terms in this
privacy policy and the Privacy Shield Principles, the Privacy Shield Principles
shall govern.  To learn more about the Privacy Shield program, and to view
our certification, please visit https://www.privacyshield.gov.

Consent

BY SUBMITTING YOUR
PERSONAL INFORMATION TO US, YOU ARE CONSENTING TO THE PROCESSING OF YOUR
PERSONAL INFORMATION IN THE UNITED STATES OR IN ANY OTHER COUNTRY IN THE WORLD
AND TO OUR USE OF YOUR PERSONAL INFORMATION AS SET FORTH IN THIS PRIVACY
POLICY. IF YOU ARE SUBMITTING PERSONAL INFORMATION OF THIRD PARTIES TO US, YOU
WARRANT AND REPRESENT YOU HAVE THEIR CONSENT TO PROVIDE THEIR PERSONAL
INFORMATION TO US AND WILL HOLD US HARMLESS FROM AND AGAINST CLAIMS BY SUCH
INDIVIDUALS RELATING TO OUR PROCESSING AND USE OF SUCH PERSONAL INFORMATION
WITHIN THE TERMS OF THIS PRIVACY POLICY.

1. Personal
Information We Collect through the Site and Apps

In general, you can
browse the non-password protected portions of our Sites without telling us who
you are or revealing any personal information about yourself, except for our
collection of “cookies” as described in Section 3.

We may collect
personal information from you on our Site and Apps or through any other digital
or personal communication with you.  Information collected by us is
voluntarily provided by you and may be integrated with other information you
have provided to our franchisees upon signing up for a membership at an Anytime
Fitness® club.

If you are an Anytime
Fitness® member, you may
choose to integrate information from your membership account with the Site and
our Apps, but you will have the opportunity to opt-in to that integration of
information across different platforms.  Our Site and the Apps may also
collect general information about your technology interface or preferences
(such as the type of browser used or the files requested).  Some of the
information described below is mandatory for the performance of certain
services, and if not entered, you may not be able to utilize or participate in
some of our online services or features.

The information we
may collect through your use of the Site may include, but is not limited to:

  • Where the
    account registration feature is available, your contact information to
    create an Active Fit and Health® account,
    such as your first name, last name, phone number, and email address;
  • Where the
    account registration feature is available, your profile username and
    password to enter the password-protected portion of the Site;
  • Your transaction
    history relating to the use of our clubs, purchase of certain products or
    other information you wish to share with us and integrate with the Site;
  • If integration
    with your membership is available to you, membership-related information,
    such as your home address, Active Fit and Health® location,
    key FOB number, and membership number;
  • Fitness-related
    information provided in the membership process, such as your height,
    weight, general fitness-related goals or other information helpful to
    achieving your fitness goal;
  • Information
    regarding training sessions, classes, or other information regarding your
    utilization of services at the club-level;
  • Where the
    account registration feature is available, correspondence with your
    personal training or Active Fit and Health® club
    regarding your activity;
  • Information
    provided by you when you participate in a survey or communication to you
    regarding your use of the Site, or utilizing Active Fit and Health® services;
  • Information
    provided by you to participate in advertising contests or sweepstakes;
  • Various account
    information related to your Active Fit and Health® membership
    to allow you to update credit card, bank account, other payment
    information, or any other information regarding your profile;
  • If you are a
    prospective franchisee, we may collect detailed information such as your
    first name, last name, email address, phone number, address, and general
    financial information such as liquidity and assets, to evaluate your qualifications
    for an Active Fit and Health® franchise;
  • If we offer
    alternative sign ins, we may collect certain sign on information you have
    provided to third parties, such as Facebook or Twitter, when you sign on
    to use our Site or Apps through these third parties;
  • Computer data or
    files, often called “cookies,” which may be sent by your web browser and
    stored on an individual computer to allow our server to “recognize” you
    through the navigation of the Site and for us to credit your account for
    various online transactions;
  • Computer data
    files, often called “web beacons” that are collected from emails or links
    on third-party sites that allow our server to evaluate the popularity of
    those links or the information contained in emails or on third-party
    sites; and
  • Your IP address
    to measure our website traffic and to help provide a more personalized
    experience.

To fully utilize the
products and services available through our Apps, you may choose to download
separate applications, MapMyFitness and MyFitnessPal, owned and operated by
Under Armour, Inc., and may opt to have the information entered into those
applications automatically integrate with the Active Fit and Health® App.
Information entered and retained on MapMyFitness and MyFitnessPal is governed
by Under Armour’s Privacy Policy. We may also
integrate the Apps with other applications or platforms, such as a wearable
device tracking application like FitBit® or HealthKit through the Apple® Watch, or additional
applications that are useful to integrate your fitness goals and
activity.  If you choose to integrate information collected by a separate
application or entity, once integrated with the Apps, we will also have access
to and the right to use the data provided to your Active Fit and Health® profile. Like
MapMyFitness or MyFitnessPal, any of these third party applications will have
their own privacy policies and terms regarding the collection, use and
maintenance of data entered through that third party application.

The information we
may collect through your use of the Apps may depend on the version of the Apps
or the country you are in, but this information may include, but is not limited
to:

  • Information to
    register for your App account, such as first name, last name, email
    address and other Active Fit and Health® membership
    information, as well as a username and password to access the App;
  • Your activity
    history regarding your use of the Apps, such your visits to clubs,
    participation in training activities, classes or utilization of other
    Active Fit and Health® products
    or services;
  • Membership-related
    information, such as your home address, Active Fit and Health® location,
    key FOB number, and membership number;
  • Fitness-related
    information provided in the membership process, such as your height,
    weight, general fitness-related goals, fitness-related habits or other
    information helpful to achieving your fitness goals;
  • Certain location
    or geolocation information pulled directly from your mobile device, your
    wireless carrier or certain third party providers, to allow tracking of
    your activity. This collection and tracking may occur even when the Apps
    or other related applications are not actively open and running;
  • Information
    regarding personal training sessions and communication with your personal
    trainer or other Active Fit and Health® staff;
  • Records of
    copies of your correspondence, if you contact us;
  • Information
    provided by you when you participate in a survey or communication to you
    regarding your use of the Apps, or utilizing Active Fit and Health® services;
  • Various account
    information related to your Active Fit and Health® membership
    to allow you to update credit card, bank account, other payment
    information, or any other information regarding your profile;
  • If we offer
    alternative sign ins, we may collect certain sign on information you have
    provided to third parties, such as Facebook or Twitter, when you sign on
    to use our Apps through these third parties; and
  • Computer data or
    files, often called “cookies,” which may be sent by your mobile device to
    allow our server to “recognize” you through the navigation of the Apps and
    for us to link your activity on the Apps with your membership.

Information
obtained from your Social Media Accounts

You may choose to log
into your Active Fit and Health® account on the Site or through our Apps via certain
social media networking services, such as Facebook and Twitter (“Social Media
Accounts”). By integrating these Social Media Accounts into your account, we
are able to offer you more personalized services, but may also collect certain
personal information provided in your Social Media Accounts, such as your
profile information, email address, profile picture and friend list.  If
you do not want us to have access to this information, do not utilize the
Social Media Account sign-in feature.

Children
Under the Age of 13

Our Site and Apps are
not designed for children and we do not knowingly collect information from any
person under the age of 13. If you are under the age of 13, please do not
submit any personal information to us through the Site or any Apps. If we learn
we have collected or received personal information from a child under 13, we
will delete that information.

2. How We Use and
Share Your Personal Information

We will use your
personal information to provide the services we offer on the Site and through
our Apps, including:

  • Processing and
    updating your membership information, including personal information you
    provide, credit card information or other electronic payment processing;
  • Processing your
    billing information, which may be contracted to our third party payment
    processing vendor;
  • Contacting you
    regarding services you have engaged in or with, including personal
    training or collection efforts;
  • Providing you
    with information regarding club locations nearest to you or certain
    information regarding your club;
  • Conducting
    marketing and research, through direct surveys to you, but also through
    our or our franchisees communication with you;
  • Providing you
    with information you have requested from us, our franchisees or trainers
    you have engaged with;
  • Developing and
    displaying content and advertising tailored to your interests and
    preferences;
  • Processing your
    franchise application and contacting you regarding franchise
    opportunities;
  • Conducting
    contests and sweepstakes;
  • Sending you
    electronic communications you have requested, such as text messages, push
    notifications, notifications through our Apps or through your mobile
    device;
  • Providing you
    with updates and content based on your geo-location information you have
    provided to us;
  • Providing
    assistance with your fitness goals, such as encouragement on workouts,
    training schedules, recommended dietary changes, and other information to
    help you reach your fitness goals; and
  • Contact you
    regarding updates to the Site, Apps, or provide administrative notices to
    you.

We strive to offer
you an integrated, comprehensive way to manage your lifestyle, fitness goals
and activity.  In order to operate the Site and Apps as one seamless
experience, however, we must share your personal information with our parent
company, subsidiaries, and affiliates to provide you with the integrated
services offered through the Site and Apps. We may also share such information
with our franchisees, or other business partners with whom we collaborate or
work with to provide specific services to you or if we think the products or
services they offer would be of interest to you. We may provide user
information to third-party service providers or vendors for purposes of,
including without limitation, initiating direct marketing programs on our
behalf, data tracking, maintenance or development of our Site or Apps,
development of online products and services, customer service or new product
development, or other contracted promotional opportunities provided to our
users. We, as well as our franchisees, vendors, or other business partners may
use this information for marketing and solicitation purposes.

Your fitness club
visit data (for all Active Fit and Health® clubs that you visit), App data,
and personal information may be made available to those clubs’ franchisees,
management and employees, or other contracted service providers whom you have
engaged to provide services to you. Each of those parties is obligated to
maintain the confidentiality of your personal information, and is permitted to
access and use your personal information solely for the purpose of providing or
enhancing services you use through the Active Fit and Health® club system or
Apps. Additionally, you may choose to share personal information from the Site
or Apps with personal trainers or other Active Fit and Health® members to
assist you in evaluating your activities and goals.

While we try to be
selective in working with third parties, we are not responsible for their use
of your personal information. Where payments are involved, we must release your
credit card information to credit card authorization service providers and
associated banks to process your payment for purchases, returns or
refunds.  We may transfer to our online service providers personal
information you provide to us so that these parties may store and process your
personal information.

We may share
aggregate information with vendors, potential advertisers, business partners,
or other third parties. Aggregate information does not include personally
identifiable information.

Except as described
in this section, we will not give or sell your personal information to any other
party for its use in marketing or solicitation.

Your
Nevada Privacy Rights:

Nevada law allows consumers to direct certain businesses not to sell their personally identifiable information to third parties to license or sell that information to additional third parties. If you are a Nevada resident, you may submit such opt-out requests to privacy@anytimefitness.com.  To be effective, your request must include your full name, address, phone number, and email address. Active Fit and Health, LLC will endeavor to respond to your verified request within 60 days of receiving the request. However, due to unforeseen circumstances, Active Fit and Health, LLC may need to extend this period by up to 30 days. If an extension is reasonably necessary, Active Fit and Health, LLC will notify you of this during the initial 60-day period.

Additional
Disclosures

We may also disclose
personal information in any of the following circumstances: (1) in response to
a subpoena, search warrant, court order, or other legal process or request, or
as may otherwise be required by applicable law or regulation; (2) to protect
and defend our rights or property or those of its franchisees, suppliers,
related entities, affiliates, business partners, or others; or (3) as we, in
our sole discretion, believes is appropriate under exigent circumstances in
response to a perceived threat to the personal safety, property, or rights of
any other person or organization.

In addition, since
member information on our Site and in our Apps is a business asset, in the
event we are reorganized or sold to or merged with another company, we may
sell, assign, or transfer your personal information to a purchaser of all or
substantially all of our business assets, or to an affiliate, as applicable.

3. Our Use of Your
“Cookie” Information on the Site and Apps

A “cookie” is a small
data file stored on your web browser or on your mobile device that allows us to
recognize your computer or mobile device when you visit the Site or Apps by associating
identification numbers with other user information you have provided us.
Some cookies will remain on the hard drive of your computer or mobile device
for the duration of your browser or user session, while others will remain
until deleted by you. You may also be able to configure your computer or mobile
device to limit the collection of these “cookies,” but that limitation may also
limit our ability to provide all the services or functionality of the Site or
Apps.  Some third party service providers may use “flash cookies,” which
are saved on your computer, but cannot be rejected, disabled, turned off, opted
out of, or deleted in the same way as regular cookies. To learn how to manage
your flash cookie settings, visit the Flash player settings page on Adobe’s
website.

In collecting and
maintaining cookie-based information or other information collected directly
from your mobile device, such as your geolocation, we are able to:

  • Provide you with
    access to your user preferences, and sign-in on approved devices;
  • Provide the
    basic functionality of the Apps, such as displaying your live location and
    movement;
  • Installing and
    monitoring elements of the Apps for security purposes;
  • Help diagnose
    problems with the Sites or Apps, administer and improve the Sites or Apps,
    and measure the use of the Sites or Apps;
  • Identify your
    internet provider, page views and other information regarding utilization
    of the Site;
  • Gather other web
    analytics information related to your and other users’ use and navigation
    of the Sites and Apps;
  • Provide you with
    relevant content, including advertisements and other offers from third
    parties;
  • Aggregate cookie
    data across all users to track overall visitor traffic patterns and
    provide this aggregated information to vendors, potential advisors,
    business partners, new agencies, or other parties to identify interests or
    plan for technical infrastructure requirements;
  • Conduct
    advertising based on your use of the Site or Apps, as described below; and
  • Otherwise
    provide improvements and enhancements to the Site.

We may also use
third-party vendors, such as Google Analytics, to advertise to our users
online. These third-party vendors may display Active Fit and Health® product advertisements
on other websites based on your internet usage. More specifically, these
vendors use first-party cookies (such as the Google Analytic cookie) and
third-party cookies (such as the DoubleClick cookie) together to inform,
optimize, and serve ads based on your past visits to the Site or another site
affiliated with Active Fit and Health® products or services. Any
information that these third parties collect via cookies is not linked to any
personally identifiable information (name, address, email address, or phone
number) we collect or you provide on the website. You can opt-out of Google Analytics
for Display Advertising by using Google’s Ads Settings.

4. Our Relationship
with the Websites

In addition to the
integration with certain mobile applications as described in this Privacy
Policy, the Site and Apps may contain links to other web sites or other mobile
applications. Additionally, other web sites may contain links to the Sites. We
do not review or monitor the web sites linked to the Sites and are not
responsible for the contents or privacy policies related to any other web
sites. If you visit one of these other web sites, you may want to review the
privacy policy on that web site. Where the Sites contains a link to another web
site owned and/or operated by us, such web site use may be subject to different
and additional terms of service and privacy policy terms and conditions.

5. Access and
Correction of your Personal Information

We strive to maintain
the accuracy and integrity of the personal information in our databases and to
keep that information up-to-date. We encourage you to promptly update your
personal information if it changes. You may edit or deactivate your account
information or account at any time by signing into your account on the Site or
the Apps and navigating through your settings.  You may request a copy of
the personal information we have about you. You may send a request by letter
to: Active Fit and Health, LLC, Attention: Data Protection Officer, 111 Weir Drive,
Woodbury, Minnesota 55125 U.S.A., or to the contact information provided in our
country-specific addenda.

Unless otherwise
stated in an addendum, all communications must be in the English language. We
will respond to reasonable requests within the time limits established by
applicable law or within a reasonable time if no time limit is established by
applicable law. For your protection, we may ask you for additional information
to verify your identity. In most cases, we will provide the information you
request and correct or delete any inaccurate personal information you discover.
We reserve the right, however, to limit or deny your request to the extent
permitted by applicable law if: (1) the disclosure may be threat to the
personal safety, property, or rights of any other person or organization; (2)
the disclosure may lead to a violation of applicable laws or regulations; or
(3) where you have failed to provide sufficient evidence to verify your
identity.

Opting
Out or Unsubscribing

You may opt out of
certain collections of cookies or other web- or mobile device based
enhancements, including geolocation data collection, by changing your browser
settings or going into your preferences on your mobile device and restricting
the transmission of certain information. Your limitation of the collection of
this information, however, may disable our ability to provide you with the most
relevant products or information regarding the Site and Apps. Currently, our
servers do not respond to browser “do not track” signals. If you would like
more information regarding online marketing practices and know your choices
about not having this information used by our third party service providers,
you may visit www.networkadvertising.org/choices.

To limit the
integration of the Site and Apps with other related applications, such as
MapMyFitness or FitBit, you may disable the application through your setting
preferences on the Apps or delete the applicable application from your mobile
device. Deletion of the application may not delete information previously
obtained through the related application.

To unsubscribe from our emails or other communication from us or a third party, you may follow the “unsubscribe” link at the bottom of the email or sign onto your account and change your email settings. To unsubscribe from text messages or any other mobile messages, you may follow the instructions provided at the time of opt-in or contact us at http://emailsettings.anytimefitness.com/.

6. Security of Your
Personal Information

We take reasonable
precautions and have implemented managerial and technical procedures to try to
protect the security of data and information, including personal information.
However, we cannot guarantee against any loss, misuse, unauthorized disclosure,
or alteration or destruction of data or personal information. You provide your
personal information to us at your own risk. You acknowledge that: (1) there
are security and privacy limitations in computer systems and on the Internet
which are beyond our control; (2) the security, integrity, and privacy of any
and all information and data exchanged between you and us through the Sites,
including personal information, cannot be guaranteed; and (3) any such
information and data, including personal information, may be viewed or tampered
with by a third party while such information or data is being used,
transmitted, processed, or stored. We collect, maintain, utilize and disclose
your information only as required by law and as described in this Privacy
Policy.

7. Retention of Your
Personal Information

We keep your personal
information only as long as we need it for the purposes for which it was
originally collected (or to which you have subsequently consented) or for other
legitimate purposes (such as regulatory compliance), or as permitted by
applicable law.

8. Changes to our
Privacy Policy

We reserve the right
to modify this Privacy Policy, completely or in part, from time to time through
the posting of notices on the Sites, at any time and without notice to you,
that this Privacy Policy has changed (“Notices”). You expressly waive any right
to receive Notices. You should check the Sites frequently for Notices to
identify modifications of the Privacy Policy that may be of interest to you.
Any use of the Sites following the date on which we implement changes to this
Privacy Policy or post a Notice constitutes your acceptance of all such
changes.

For questions or comments related to this Privacy Policy, please email us at privacy@anytimefitness.com.

9. How to Contact Us

For further information or inquiries regarding your personal information (including to request access to or correction of your personal information or to make a privacy complaint), please contact our Data Protection Officer at:

Anytime Fitness
Attention: Data Protection Officer
111 Weir Drive, Woodbury
Minnesota 55125 U.S.A.
privacy@anytimefitness.com

If you have a
complaint about how we have collected or handled your personal information,
please contact our Data Protection Officer at the mail address set forth above.

Your
California Privacy Rights

California Civil Code
Section § 1798.83 permits users of our Site or Apps that are California
residents to request certain information regarding our disclosure of personal
information to third parties for their direct marketing purposes. To make such
a request, please contact our Data Protection Officer.