ULTIMATE FITNESS GROUP PRIVACY SHIELD NOTICE

Ultimate Fitness Group, LLC d/b/a Orangetheory® Fitness (“Ultimate,” “we,” “us,” or “our”) complies with the E.U. – U.S. 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 obtained from European Union (“EU”) member states and Switzerland and transferred to the United States. Ultimate has certified that its processing of personal information from EU member states and Switzerland is in accordance with the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability (the “Principles”). You may view our certification at https://www.privacyshield.gov/list. Ultimate is subject to the investigatory and enforcement authority of the Federal Trade Commission.

In addition to the rights provided under Privacy Shield, EU individuals may have additional rights under EU privacy law. Please see our Privacy Policy for additional information.

Information We Process. We collect information from and about individuals in the EU and Switzerland in accordance with the Privacy Shield principles. As more fully described in the Information We Collect About You section of our Privacy Policy, we collect the following categories of information: name, demographic, and contact information; emergency contact information; purchase and payment information; preferred studios, workout information, and exercise goals; and information about use of our websites and mobile applications.

We process this information for the purposes described in the How We use Your Information section or our privacy policy, including:

  • to provide and improve our services;
  • for customer service purposes;
  • for marketing purposes;
  • for research and analytics purposes;
  • to develop our franchise program; and
  • to enable our franchisees to provide services to you in their independently owned and operated studios.

For more information on how we process personal information, please see our Privacy Policy.

Accessing Personal Information. The Privacy Shield Principles provide individuals located in the EU and Switzerland whose personal information we process with the right to access their personal information in order to review, correct, amend, or delete information processed under the Principles. EU and Swiss individuals who would like to access their personal information may log in to their Orangetheory account to update or correct their personal information or contact us at privacy@orangetheoryfitness.com. For information about the rights available to EU individuals under the EU’s General Data Protection Regulation, please see our Privacy Policy.

Transfers to Third Parties. As described in the How We Share Your Information section of our Privacy Policy, we transfer personal information from the EU and Switzerland to third parties, including our franchisees and service providers. We contractually require third parties to whom we transfer personal information to provide the same level of protections as the Principles. Ultimate remains responsible for the personal information we receive and transfer to third parties under Privacy Shield. In accordance with our legal obligations, we may also transfer, subject to a lawful request, personal information to public authorities for law enforcement or national security purposes.

As described in our Privacy Policy, we transfer personal information to our franchisees for their own uses, including information about your interest in a particular studio, your membership, your purchased and scheduled classes, and so you can workout at a franchisee-owned studio. In accordance with the Principles, individuals may opt-out of transfers where their personal information is used for a third party’s own use. Please note, however, that if you opt-out of this type of transfer, we and our franchisees may not be able to provide services to you; for example, we could not tell a studio that you are an Orangetheory member or that you purchased workouts online. To exercise your opt-out right, please contact privacy@orangetheoryfitness.com.

Contacting Us, Complaints and Dispute Resolution. EU and Swiss individuals who have questions or complaints about how we process their personal information may contact us at privacy@orangetheoryfitness.com. We will work to resolve your issue as quickly as possible, but in any event no later than 45 days of receipt.

If you are unable to resolve the issue directly with us, you may file, free of charge, a complaint with our independent dispute resolution provider, the International Centre for Dispute Resolution – American Arbitration Association (ICDR-AAA) located in the United States. For more information about ICDR/AAA’s dispute resolution process or to file a complaint, please visit http://go.adr.org/privacyshield.html.

EU and Swiss individuals may also submit complaints through their local Data Protection Authority (DPA). We will work with the Department of Commerce to resolve any complaints forwarded by a DPA. Finally, if we are unable to resolve any complaints through any of the above methods, EU and Swiss individuals may invoke binding arbitration in accordance with the Privacy Shield Framework.