California Consumer Privacy Act Notice
Privacy Notice for California Residents
This privacy notice for California residents (this ?Privacy Notice?) is provided to comply with the California Consumer Privacy Act of 2018 (?CCPA?) and applies to visitors, users, and others who reside in the State of California (?California Consumers,? ?consumers,? or ?you?). The purpose of this Privacy Notice is to inform you about the online and offline practices of ABC Fitness Solutions, LLC (hereinafter referred to as ?ABC,? ?we,? or ?our?), regarding the collection, use, and disclosure of personal information and of the rights of California Consumers regarding their personal information. This notice supplements ABC?s Privacy Policy. Certain terms used in this Privacy Notice have the meanings given to them in the CCPA.
Categories of Personal Information ABC Collects
ABC collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer. ABC has collected the following categories of personal information from consumers in the last twelve (12) months:
- Identifiers (e.g. name, alias, postal address, unique personal identifiers, email address, phone number, internet protocol (IP) address, account name, social security number, driver?s license number, state identification card number, bar code number, date of birth, credit/debit card number)
- Personal information described in California?s Consumer Records Statute (Cal. Civ. Code § 1798.80(e)) (e.g. physical characteristics or description, bank account number, debit/credit card number, medical information, financial information)
- Commercial information (e.g. products or services purchased, purchase history)
- Biometric information (e.g. fingerprints, exercise data, physiological information which may be entered in relation to your purchase or use of your health club or use of other services purchased by you from other ABC clients)
- Internet or other electronic network activity (e.g. login information and consumer profile preferences)
- Geolocation data (e.g. geographic position)
- Audio, electronic, visual, or similar information (e.g. photographs, audio recordings of calls with consumers)
- Inferences drawn from any of the above to create a profile about a consumer reflecting the consumer?s preferences, characteristics, behaviors, abilities, aptitudes (e.g. preferences or characteristics)
- Other information (e.g. transaction history, usage times and preferences, facility and equipment usage data, heartrate, body measurements, performance information)
We may collect personal information from the following categories of sources:
- Directly from consumers (e.g. you provide information directly to ABC when updating account information, subscribing to services or creating an account, application usage, or account agreements)
- ABC?s clients and Third parties (e.g. your health club operator, personal trainer or other client of ABC?s from whom you purchase services and to whom you provide your information as part of purchasing services, by subscribing to services or creating an account, application usage, or account agreements)
- Financial institutions (e.g. bank)
- Public records databases
- Automated methods (e.g. IP address, online or application activity)
- We may also share and collect Personal Information among ABC and its affiliates as needed
We may collect personal information for the following purposes:
- To provide online services (i.e. websites or mobile apps) and offline services to you, to facilitate your access to products, website and mobile apps offered by or related to services purchased by you from your health club (or other client of ABC?s from whom you have purchased services), to provide you with support, to process and collect payments for services purchased by you, to maintain, service or update accounts and account information, and to communicate with you about services purchased by you or your account
- To market to you, send you promotional information, and improve our services to you
- To provide services to your health club, personal trainer, or other client of ABC?s from whom you purchase services
- To assist with account access and verify identity related to same
- To assist with internal employee oversight and quality control
- To protect, investigate, and deter against unauthorized or illegal activity
- To comply with applicable law or defend a legal claim
We may disclose personal information to the following categories of third parties:
- We may share your personal information among ABC and its affiliates
- Your health club or other client of ABC?s from whom you purchase services
- Debt collection agencies with whom our clients contract
- Vendors who provide services to us to perform functions on our behalf or to assist us in carrying out our services (e.g. information technology services)
- Parties involved in processing the transactions/your purchases from health clubs or other client of ABC?s from whom you purchase services
- Financial Institutions associated with a consumer?s account
- Our attorneys and legal counsel
- If a health club or client of ABC?s purchases ABC?s health club software-as-a-service, ABC may also share personal information about a consumer with the health club?s third-party vendors, such as fitness-related software applications, with which either the health club or the health club member (the consumer) has contracted to provide services directly to a health club member (the consumer)
- To third parties in the context of business acquisitions or mergers
Disclosure of Personal Information
ABC does not sell Personal Information of California Consumers and will not sell this information unless we modify this Privacy Notice and take additional steps required under the CCPA. Under no circumstances will we sell the personal information of minors under 16 years of age without affirmative authorization. We have disclosed the following categories of personal information to third parties for business purposes in the preceding twelve (12) months:
| Category (See above section on ?Categories of Personal Information ABC Collects? for examples of the types of personal information that may be included in these categories) | Categories of third parties to whom this category of personal information has been disclosed |
| Identifiers | You, the consumer, the health club(s) (or other client of ABC?s from whom you have purchased services), debt collection agencies with which your health club (or other client of ABC?s from whom you have purchased services) has contracted for services or otherwise designated for collection of delinquent accounts, ABC?s legal counsel and attorneys, and financial institutions. |
| Personal information described in California?s Consumer Records Statute (Cal. Civ. Code § 1798.80(e)) | You, the consumer, the health club(s) (or other client of ABC?s from whom you have purchased services), debt collection agencies with which your health club (or other client of ABC?s from whom you have purchased services) has contracted for services or otherwise designated for collection of delinquent accounts, ABC?s legal counsel and attorneys, financial institutions, your health club?s third-party vendors or the third party vendors of other clients of ABC?s from whom you purchased services. |
| Characteristics of protected classifications | You, the consumer, the health club(s) (or other clients of ABC?s from whom you have purchased services), debt collection agencies with which your health club (or other client of ABC?s from whom you have purchased services) has contracted for services or otherwise designated for collection of delinquent accounts, ABC?s legal counsel and attorneys, financial institutions, your health club?s third-party vendors or the third party vendors of other clients of ABC?s from whom you purchased services. |
| Commercial Information | You, the consumer, the health club(s) (or other client of ABC?s from whom you have purchased services), debt collection agencies with which your health club (or other client of ABC?s from whom you have purchased services) has contracted for services or otherwise designated for collection of delinquent accounts. |
| Biometric Information | You, the consumer, the health club(s) (or other client of ABC?s from whom you have purchased services), service providers, such as fitness-related software applications, contracted with by you and/or the health club(s) (or other client of ABC?s from whom you have purchased services). |
| Audio, electronic, visual, or similar information | You, the consumer, the health club(s) (or other client of ABC?s from whom your purchased services), ABC?s legal counsel and attorneys. |
| Other information | You, the consumer, the health club(s) (or other client of ABC?s from whom you purchased services), service providers, such as fitness-related software applications, contracted with by you and/or the health club(s) (or other client of ABC?s from whom you purchased services), ABC?s legal counsel and attorneys, financial institutions, your health club?s third-party vendors, or the third party vendors of other clients of ABC?s from whom you have purchased services. |
Your Right to Know about Personal Information Collected, Disclosed or Sold
California residents have the right to request that we disclose to you the categories of personal information we have collected about you, the categories of sources from which the personal information has been collected, the business purpose for collecting the information, the categories of third parties with whom we share the personal information, and the specific pieces of personal information we have collected about you. We do not sell your personal information.
You can submit a request to know what personal information of yours we have collected or disclosed by emailing us at CCPArequest@abcfitness.com, calling toll-free at 866-335-2311, or completing the webform linked via the ?Request Information? button below.
We will verify receipt of your request to know within 10 days of receipt of the request and may provide additional information about how we will process the request. In order to process your request, we will need to verify your identity which may require you to provide some personal information to us, such as your name, address, phone number and/or email address associated with your account. We may also require your health club account number.
We will respond your request to know within 45 days of receipt of the request unless additional time is necessary to process your request. In no event will we take longer than 90 days to respond to a consumer?s request to know.
Your Right to Request Deletion of Your Personal Information
As a California resident, you have the right to request that we delete your personal information that we have collected and maintained, subject to certain exceptions.
You can submit a request to delete by emailing us at CCPArequest@abcfitness.com, calling toll-free at 866-335-2311, or completing the webform linked via the ?Request Information? button below.
We will verify receipt of your request to delete within 10 days of receipt of the request and may provide additional information about how we will process the request. In order to process your request, we will need to verify your identity which may require you to provide some personal information to us, such as your name, address, phone number and/or email address associated with your account. We may also require your health club account number or other information, depending on the nature of your request.
We are not required to comply with a consumer?s request to delete if the information is necessary for us to complete the transaction for which the personal information was collected, comply with a legal obligation, or certain other exemptions. If a request to delete is denied, we will provide a more detailed explanation about the basis for the denial.
We will respond to a request to delete within 45 days of receipt of the request unless additional time is necessary to process the request. In no event will we take longer than 90 days to respond to a request to delete.
Authorized Agents
You may designate an authorized agent to submit a request to know or request to delete on your behalf. Unless you have provided the authorized agent with a power of attorney pursuant to California Probate Code sections 4121 to 4230, we may require the authorized agent to provide proof that you have given the agent signed permission to submit the request, and/or require you to verify your own identity directly with us, or directly confirm with us that you provided the authorized agent with permission to submit the request.
Non-Discrimination
Consumers have a right not to receive discriminatory treatment for the exercise of privacy rights granted by the CCPA. ABC does not discriminate against consumers who exercise their legal rights. For example, ABC will not deny you services or charge you a different price or rate for services if you make an access, deletion, or do not sell request.
California Privacy Rights Metrics
The following data reflects all requests received from California residents between January 1 and December 31, 2023. The average number of days within which ABC substantively responded to consumer requests was 22.97.
Requests to Know:
Requests Received: 15
Requests Completed in Whole or in Part: 11
Requests Denied: 4
Requests to Delete:
Requests Received: 248
Requests Completed in Whole or in Part: 140
Requests Denied: 108
Requests to Opt-Out:
Requests Received: 38
Requests Completed in Whole or in Part: 36*
Requests Denied: 2
*ABC does not sell consumer information.
Contact for More Information
Questions or concerns about ABC?s privacy policies and practices may be submitted by emailing ABC at CCPArequest@abcfitness.com.
LAST UPDATED: March 29, 2024
