Last updated: May 28, 2021

1.INFORMATION WE COLLECT

We collect different types of information depending on the context of your interactions with us and our Services. Some of the information we collect includes personal information. We use the term “personal information” generally in this Privacy Policy to refer to information that can be used to identify you, either alone or in combination with other information.

1. Information you provide directly to us

• Account and Profile Data. We collect any information or content you provide to us when you sign up for an account, create a user profile, or participate in a studio class, which may include your name, date of birth, contact information (e.g., email and phone number), password, billing and shipping address, payment information (e.g., credit card), and in some cases emergency contact information and known medical conditions (such as when you sign up for an Echelon United Membership). You may choose to provide additional information about yourself to create a profile, which may include profile pictures, gender, relationship status, interests and hobbies, educational details and employment details.

• After you create your user profile, anytime you log in to participate in live or on-demand studio classes, we will collect additional information and add it to your profile, such as the total number of classes taken, the dates you took those classes, fitness performance history (including leaderboard rank, badges earned, distance and calories burned), and, to the extent you have worn a heart rate monitor that you have connected to your fitness equipment, information about your heart rate over the course of the class and any other information that may be available from time to time.

• Communications Data. We collect information when you communicate with us (e.g., by email, text message, chat sessions, or phone calls) or others on our Services, such as when you request additional information about products or services, interact with our member support or inside sales teams, or sign up to receive our e-mail newsletters, notification, or marketing messages. We also collect information when you interact with us on social media, such as by tagging us and/or our products or permitting us to follow your social media profile. Examples of such information include your contact information (e.g., email address, phone number, or mailing address) , the date and time of your communications, online identifiers, social media profile, and the content of your communications.

• Customer Relationship Data. We collect information relating to our customer relationships, which may include customer name, employer, job title or role, contact details (e.g., email and phone number), and information contained in communications between us and our customers or their employees.

• Demographic Data. We may collect specific or general demographic data when you fill out forms or surveys on our Services or sign up for and participate in events, contests, sweepstakes, promotions, and special programs that we provide. Examples of such information include age, gender, zip code, state, and country.

• Public Forums. We may offer publicly accessible blogs, social media pages, product review pages, private messages, video chat or community forums. You should be aware thatany information you provide or post in these areas may be read, collected, and used by others who access them. When you disclose information about yourself on our blogs, social media pages, product review pages, private messages, community forums, and within video chat sessions, we will collect the information you provide in such submissions, including any personal information. If you choose to submit content on any public sites operated by third parties, such content will be subject to the privacy policy and terms of use of the third-party. To learn how the third-party uses your information, please review the third party's terms of use and privacy policy.

• Transaction Data. We collect information relating to transactions, including purchases of products and services, that you enter into with us and/or through our Services. Examples of such information include the type of products or services requested or purchased, order details, delivery information, amount charged, payment method and payment information (e.g., debit or credit card number), billing or shipping information, and information about any products or services you returned or exchanged with us.

• Sensitive Data. Some of the information you provide or generate when using the Services relate to your physical health and wellbeing, such as your age, height, weight and biometric data, including your heartrate, and may fall under a special category for which certain data protection laws require enhanced protection (“Sensitive Data”). To the extent that information we collect is Sensitive Data, we ask for your explicit consent to process the data.

2. Information provided by third parties

• Social media features and widgets. Our Services may include social media features, such as links to Instagram, Facebook, YouTube, and Twitter, that allow you to share information (e.g., via widgets, plugins, or other tools), such as, the “Like” or “Share” button ("Features"). These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. They may also allow third-party social media services to provide us information about you, including your name, email address, and other contact information. The information we receive is dependent upon your privacy settings with the third-party social media service. Features are either hosted by a third party or hosted directly on our Services. Your interactions with these Features are governed by the privacy statements of the third-party companies providing them. You should always review and, if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our Services.

• Third-party sign in. If you access our Services through a third-party application, such as the Apple App Store or Google Play App Store (together with any similar applications, “App Stores”) or a social media or other third-party account, such as Facebook, Instagram, or Google, we may collect information about you from that third-party application that you have made public via your privacy settings. Depending on your privacy settings on the third-party account, information we collect through App Stores or third-party accounts may include your email address, name, username, user identification number, location, gender, birth date, profile picture and your social media network contacts. If you choose to access our Services using a third-party account, you authorize us to collect your information from that third-party service and process it in accordance with this Privacy Policy. Please note that we do not control the third party’s information practices, so please review the third party’s privacy statement and your settings on the third party’s site carefully.

3. Information collected through tracking technology

We collect certain information automatically when you access and use our Services or visit our studios and/or showrooms. The types of information we collect may include:

• Audio and Visual Data. We may capture your visual image, likeness and voice recording (e.g., via photographs and/or video) if you visit our studios, participate in live or web-based studio classes, and/or call our member support or inside sales teams. For example, we record and store member support and sales calls to train support and sales agents to help resolve member questions, for quality purposes and as required by law. Additionally, Echelon fitness equipment and Echelon applications may contain a camera, microphone and voice control features.These features are in use only when activated by you, for example, to take a user profile photo or to initiate or accept a video chat from another user.

• Device and Network Data. We collect certain information about the device you use to access our Services. Examples of such information include your device’s hardware model, browser type, Internet protocol (IP) address, operating system version, language settings, unique device identifiers, advertising identifiers, serial numbers, device motion data, and mobile network data.

• Location Data. Based on your interaction with the Services, the type of device you use to access the Services, and your device’s connectivity, we may collect location-based information includingyour IP address, GPS location, longitude/latitude, city, county, zip code and region, and your location and your smart device’s proximity to “beacons,” Bluetooth networks and/or other proximity systems. We may use this type of information to enhance your user experience (such as using location information for the purposes of displaying the geographic distribution of Echelon workouts on a heat map), to better understand your interaction with our products and services in our showrooms, or to enable you to track your outdoor fitness activities. Unless you provide us with your consent to do otherwise, this information will only be used by us and our third-party service providers to provide you with the Services you request or in an aggregated and anonymized format that does not identify you. If you no longer wish to have this location information collected and used by us, you may opt-out by disabling the location and Bluetooth features in the operating system of your device.

• Usage Data. We collect information about your activity on our Services via log files, cookies, web beacons, and other similar tracking technologies. Examples of such information include your access times, pages viewed, the routes by which you access our Services, app crashes and other system activity, your use of any hyperlinks available within our Services, your Internet service provider (ISP), Mobile Advertising ID, media access control (MAC) address, and identifiers associated with browser cookies, web beacons, and similar technologies we deploy on our Services. We may use third-party service providers, such as Google Analytics, to collect this usage data. Learn more about how Google collects and uses data here. To opt out of Google Analytics please use this link.

For more information about our and our third-party partners' use of cookies and similar tacking technologies to collect information automatically, and any choices you may have in relation to its collection, please read our Cookie Policy.

4. Other types of information

• Inferences and Derived Data. We may derive information or draw inferences about you based on the other types of personal information we collect. For example, we may infer your location based on your IP address, or your purchasing habits based on your browsing behavior on our Services.

2.HOW WE USE INFORMATION

We use personal information for a variety of purposes as described in more detail below. If you are located in the European Economic Area (“EEA”), United Kingdom (“UK”), or Switzerland (collectively the “Designated Countries”), we will also identify our legal basis for processing your information below.

1. To Provide and Maintain our Products and Services. We use the information we collect to operate and maintain our Services and to provide our products and the features and functionality of our Services. These activities may include, among other things, using information to:

• administer your account and provide you access to the Services and features you request;

• allow you to register for classes and events;

• debug, identify and repair errors that impair existing intended functionality of our Services

• complete transactions you request, including to process payments and to fulfill and manage your orders, returns, and exchanges;

• contact you about your account, transactions, and/or use of the Services (e.g., account management, customer service, delivery updates, product updates and warranty information, policy changes, security updates, or system maintenance);

• enforce our terms, conditions, policies and other agreements;

• respond to or follow-up on your questions, comments, reviews, and other requests, including to provide customer service; and

• verify individual identity.

For individuals located in Designated Countries: We process your personal information in this way to provide you with our Services in accordance with our Terms and Conditions contract with you.

2. To Improve, Personalize, and Develop Our Products and Services. We use the information we collect toimprove and personalize our Services, product offerings, marketing and promotional efforts, and to develop new ones. These activities may include, among other things, using information to:

• enable and enhance your use of our Services, including to identify your product and services preferences, provide personalized content and information, and assist with monitoring your performance, fitness and health related statistics and usage trends; and

• perform research and development activities, which may include, for example, conducting data analysis in order to develop new or improve existing products and services, and performing quality control activities.

We use cookies and similar tacking technologies for the purposes described above. For more information, please read our Cookie Policy.

For individuals located in Designated Countries: Our legal basis for processing your Sensitive Information for the purpose described above is based on your consent. You may withdraw your consent at any time, however, the withdrawal of your consent will not affect the lawfulness of processing based on consent before its withdrawal.

3. To Provide Customer Support. When you contact us for customer support or any other reason (e.g., to help you complete the account registration process, diagnose or fix technology problems, respond to a dispute, etc.), we may use or request information, including Sensitive Information, as necessary to answer your questions, resolve disputes, and/or investigate and troubleshoot problems or complaints.

For individuals located in the Designated Countries: Our legal basis for processing your personal information for the purpose described above depends on the nature of the customer support request. Our legal basis can be to satisfy our contractual or legal obligations and/or our legitimate interest to improve our Services.

4. To Conduct Feedback Surveys and Obtain Testimonials. From time to time we (or third parties acting on our behalf) may contact you to participate in feedback surveys or to provide reviews and testimonials. We use such information to improve our products, our Services, and in any manner consistent with this Privacy Policy. If you decide to participate, you may be asked to provide certain information, which may include personal information. You are in control of the information you would like to share with us.Prior to posting a testimonial, we will obtain your permission to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at cs@echelonfit.com in the United States and Canada or CS@echelonfit.uk in the EEA, UK and Switzerland and be sure to include your name, testimonial location, and contact information.

For individuals located in Designated Countries: Our legal basis for processing your personal information for the purpose described above is based on our legitimate interest. We think it is important to continue improving our Services to ensure your continued enjoyment.

5. To Send You Marketing and Promotional Communications. By creating an Echelon account, you are agreeing that we may send you product and promotional emails or notifications about our Services, and offers on new products, services, promotions or contests. You may also opt-in to receiving similar notifications on the Services. We may provide you with these materials by phone, postal mail, text or email, as permitted by applicable law. Such uses include:

• To develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location; and

• To notify you about offers, products and services that may be of interest to you or about which you have previously expressed an interest.

You can opt-out of receiving our marketing communications at any time as further described in the “YOUR CHOICES” section.

For individuals located in Designated Countries: Please review the “INFORMATION FOR INDIVIDUALS IN THE EEA, UK, AND SWITZERLAND” section to understand our marketing practices in relation to the Designated Countries.

6. To Comply with Legal or Regulatory Obligations or In Connection with a Legal Process. This may include using information as we believe to be necessary or appropriate to: (i) comply with judicial proceedings, court orders or legal processes or to respond to proper governmental request or investigation; (ii) detect, prevent, or otherwise address fraud, security or technical issues; (iii) protect against malicious, deceptive, fraudulent, or illegal activity, including attempts to manipulate or violate our policies, procedures, and terms and conditions; and (iv) to protect yours, ours or others’ rights, property or safety;

For individuals located in Designated Countries: Our legal basis for processing your personal information for the purposes described above depends on the nature of our obligation. Our legal basis can be to satisfy our contractual or legal obligations and/or our legitimate interest to improve our Services.

7. With Your Consent.We may process your information for a purpose not otherwise described in this Privacy Policy in accordance with your consent or instructions.

8. Other Reasonable Business Purposes. As permitted by applicable law, we may use information to carry out other reasonable purposes related to our business or your ongoing relationship with us. This may include using information to obtain or maintain insurance coverage, manage risk, obtain professional advice, and perform other internal functions such as accounting and auditing.

For individuals located in Designated Countries: Our legal basis for processing your personal information for the purpose described above is based on our legitimate interest in operating our business as well as our contractual or legal obligations.

3.HOW WE SHARE INFORMATION

In addition to the specific situations discussed elsewhere in this Privacy Policy, we share information in the following situations:

1. Affiliates and Subsidiaries. We may share some or all of your information with our group of companies that are under common ownership or control (this means our affiliates, subsidiaries, holding company, or any other subsidiaries owned by our holding company) for the purposes, and on the legal bases, set out in this Privacy Policy. Since our holding company, subsidiaries, and affiliates are located around the world, please note that these disclosures may involve cross-border transfers of your personal information as described in the “DATA TRANSFERS” section.

2. Business Transactions. We may share or transfer your information in connection with, or during negotiations of a business transaction, such as a merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

3. Professional Advisors. We share information with our legal, financial, insurance, and other professional advisers in connection with the management of all or part of our business or operations. Examples include obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defense of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4. Public Forums. Some of our Services or some of the features and functionality of our Services provide the opportunity to post content or share information such as messages, photos, and videos with others. If you decide to submit information to any public area of the Services, that information may be publicly available.

5. Service Providers. We share information with third-party suppliers, vendors, service providers, contractors or agents who perform services for us or on our behalf, including order fulfillment and shipping, payment processing, customer support, administering our marketing and reviews platform, hosting, information technology and security, fraud prevention, mail and email distribution, events, contests, and promotion administration, marketing, advertising, and analytics services. This excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties. Since our service providers are located around the world, please note that these disclosures may involve cross-border transfers of your personal information as described in the “DATA TRANSFERS” section.

6. Where Required or Permitted by Law or Legal Process. We may disclose information where we believe disclosure is necessary or required (i) to comply with applicable law, regulation, or legal process, or in response to requests by law enforcement authorities, government or public agencies or officials, or regulators; (ii) to exercise, establish or defend our legal rights or to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies.

7. Third-Party Partners and Co-Sponsors. We may offer contests, sweepstakes, events, or other promotions with third-party partners or co-sponsors. If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third-party partner, the information you provide will be shared with us and with them. Their use of your information is not governed by this Privacy Policy.

8. Other Disclosures with Your Consent. We may share your information with third-parties for purposes not described elsewhere in this Privacy Policy with your consent or at your direction.

4.ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS

We use cookies and similar tracking technologies (such as web beacons, pixels, and local storage) to automatically collect information through our Services (like tracking your sales cart activity and notifying us of abandoned sales carts). We also work with third-party partners who provide analytics and advertising services or other functionality on our Services. These third parties may also use cookies and similar tracking technologies to collect information about you when using our Services (for instance through a browser). Where required by law, we base the use of cookies and similar tracking technologies upon consent. For more information about how we use such technologies and how you can refuse certain cookies, please read our Cookie Policy.

5.YOUR CHOICES

1. Access to your account

You may access, correct or update most of your account and profile information on your own through the Services within your Profile Settings of the membership website, https://member.echelonfit.com/login. Simply login to the website, navigate to the Membership & Billing section to update your email, password, phone number and address or to manage your email and privacy setting and delete your account. Navigate to the Profile section to update your nickname, App status, health metrics and family members using the Services.

For individuals located in Designated Countries: Individuals located in Designated Countries should review the “INFORMATION FOR INDIVIDUALS IN THE EEA, UK, AND SWITZERLAND” section to understand their rights to access personal information.

2. Marketing Communications

• Email. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at cs@echelonfit.com in the United States and Canada or cs@echelonfit.uk in the EEA, UK and Switzerland. If you opt out of receiving promotional communications from us, we may still send you non-promotional communications, such as those about your account, your orders, or our ongoing business relations.

• Text Messages. To opt-out of receiving text messages, follow the opt-out instructions in the text messages that you receive from us.

3. Device Permissions

Mobile platforms have permission systems for specific types of device data and notifications, such as camera and microphone as well as push notifications. Where applicable, you can change your settings on your device to either consent or oppose the collection of the corresponding information or the display of the corresponding notifications. Depending on the manner in which you make changes to your settings, certain Services may lose partial or full functionality.

4. Uninstall

You can stop all information collection by applications by disabling call forwarding and deactivating your account by following the instructions on the Service’s Settings screen and then uninstalling the applications using the standard uninstall process for your device. If you uninstall the applications from your mobile device, the unique identifier associated with your device will continue to be stored. If you reinstall the applications on the same mobile device, we will be able to re-associate this identifier to your previous transactions and activities.

5. Managing Cookies

For more information about how you can refuse certain cookies, please read our Cookie Policy.

6. “Do Not Track” Features

Some web browsers incorporate a Do Not Track (“DNT”) or a similar feature. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

6.HOW WE PROTECT INFORMATION

We have implemented reasonable and appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that no method of transmission over the Internet, or method of electronic storage, is fully secure. Although we will do our best to protect your personal information, we cannot guarantee its absolute security. In the event we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by phone, if permitted to do so by law.

If you create an account as part of using our Services, you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, selecting a strong password and constructing a unique password. You are also responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. Please notify us of any unauthorized use of your password or account.

7.DATA TRANSFERS

For the reasons and purposes described in this Privacy Policy, the information we collect may be transferred to, stored, and otherwise processed in the United States and other countries. Please note that the countries to which we transfer personal information may not have the same data protection laws as the country in which you initially provided the information. Nonetheless, where possible we take steps to treat personal information using the same privacy principles that apply pursuant to the law of the country in which we first received your information. By accessing and/or using the Services or otherwise providing your personal information, you are agreeing to the transfer of your information to the United States

For individuals located in Designated Countries: Individuals located in Designated Countries should review the “INFORMATION FOR INDIVIDUALS IN THE EEA, UK, AND SWITZERLAND” section for details.

8.CHILDREN'S PRIVACY

Our Services are intended for general audiences over the age of 18 years old. We do not knowingly collect information from children under the age of 18 years old. If you are not over 18 years old, then DO NOT DOWNLOAD OR USE THE SERVICES. We also do not knowingly sell the personal information of individuals under the age of 16.

9.THIRD-PARTY LINKS

For your convenience and information, we may provide links to websites and other third-party content that is not owned or operated by us. The websites and third-party content to which we link may have separate privacy notices or policies. Please note, we have no control over the privacy practices of websites or services that we do not own. We encourage you to review the privacy policies of any third-party website or application for details about what information is collected and how it is used and/or shared.

As part of the functionality of our Services, we integrate with certain third-party services, such as Fitbit, Apple Health and Strava. We may also enable you to link your Echelon account to certain health-related applications. If you choose to link your Echelon account with such applications, you can decide to share the health information we collect about you while you use the Services, including but not limited to your heart rate, calories, cycling, walking and running distances, and the list of your Echelon classes taken with such applications. If you decide to do so, you may also be able to transfer other personal information, such as your sex or gender, heart rate, height, weight and walking and running distances, from the health-related applications to Echelon. You may opt-out of tracking at any time by configuring your privacy settings on such applications. Your interactions with third-party services or other health applications are governed by the privacy policy of the company providing the service.

10.INFORMATION FOR INDIVIDUALS IN THE EEA, UK, AND SWITZERLAND

The EU General Data Protection regulation (“GDPR”), the Data Protection Act 2018, and other data protection laws ("Data Protection Laws") require us to provide the following information related to our privacy practices. This section only applies to individuals located in Designated Countries.

1. International Transfers

We rely on various legal bases to lawfully transfer personal information around the world, includingthe Standard Contractual Clauses approved by the EU Commission and the UK Parliament as providing sufficient safeguards for such transfers.A copy of the Standard Contractual Clauses is available on request.

2. Our Relationship with You

Your data is controlled by the Echelon entity you registered with when you signed up for or ordered our products or services. The identity of that entity ('the data controller') depends on which country you were in when you registered. The table below will help you identify which entity is your data controller.

Country	Data Controller
France	Echelon Fit SAS
Germany	Echelon Fit GmbH
UK & the Republic of Ireland	Echelon Fitness UK Limited
Iceland	Echelon International, LLC

3. Legal Bases for Processing Personal Information

We describe how we collect, use, share and otherwise process your personal information in sections 1 through 4 of this Privacy Policy. We rely on various legal bases to process your personal information, including:

• When you have given your consent (e.g., for Sensitive Data), which you may withdraw at any time;

• When the processing is necessary to perform a contract with you, such as to provide our Services in accordance with our Terms and Conditions; and

• Our legitimate business interests, such as to develop, administer and support our products and Services; to market new features or products that may be of interest; to operate, evaluate and improve our business; and to protect our property, rights or safety of Echelon, our customers or others.

4. Direct Marketing

We will obtain your consent where required to send you marketing communications using electronic means. You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at cs@echelonfit.uk.

5. Privacy Rights

Under the Data Protection Laws, you have certain rights relating to your personal information which are set out below. Please note that not all these rights are absolute, and they do not apply in all circumstances. We will process your requestin accordance with applicable law.When you make a request, we may require proof and verification of identity and jurisdiction of residency to protect your privacy and security.

• Right to Withdraw Consent. To the extent we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of processing carried out before consent was withdrawn.

• Right of Access. You have the right to request access to the personal information we hold about you and certain information relating to how and why we are processing it.

• Right of Rectification. You have the right to request that we correct or supplement inaccurate or incomplete personal information we process about you.

• Right of Erasure (or, “Right to be Forgotten”). You have the right to request that we delete personal information about you.

• Right to Restriction of our Processing. You have the right to request that we restrict processing of your personal information.

• Right to Data Portability. In certain limited circumstances, you have the right to requestthat we provide the personal information which you provided to us in a structured, commonly used and machine-readable format, and you have the right to transmit such personal information to another controller without hindrance.

• A Right to Object to Processing. In certain circumstances, you have the right to object to the processing of your personal data carried out by us or on our behalf.

• Right to File A Complaint. If you think we have not complied with the requirements of the law as it applies to your personal data, you have a right to lodge a complaint with any data protection supervisory authority. The Supervisory Authority in the UK is the Information Commissioner’s Office (ICO): casework@ico.org.uk or 0303 123 1113 / +44 1625 545 700; www.ico.org.uk.

You can find details EU Supervisory Authorities here: https://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.

If you have questions or comments about your privacy rights, you may email us at CS@echelonfit.uk.

6. Exercising Your Privacy Rights

For the most part, we enable exercise of the privacy rights described in the paragraphs above directly through our Services when logged in. If you require assistance or have a specific request that is not presently covered by our product features, please contact our Data Protection Officer using the information in the “CONTACT DETAILS” section.

If you are a resident of the UK or EEA and you wish to access, change or delete personal information we hold about you, you may contact us by completing an UK/EEA Request Form. If we change or delete your personal information or if you decline to actively share certain personal information with us, we may not be able to provide you with our Services or some of the features and functionality of our Services. In addition, you may contact us to request that we not disclose your personal information to third parties (other than those that are acting as our agent to perform tasks on our behalf, such as data processors). Keep in mind, we may reject requests for certain reasons, including if the request is unlawful or if it may infringe on the rights and freedoms of another person. For example, we may not be able to accommodate certain requests to object to the processing of personal information, notably where such requests would not allow us to provide our Services to you anymore.

7. Retention of Your Personal Information

We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).

When we have no ongoing legitimate business need to process your personal data, we will either delete or anonymize it, or, if this is not possible (for example, because your personal data has been stored in backup archives), then we will securely store your personal data and isolate it from any further processing until deletion is possible.

11.INFORMATION FOR CALIFORNIA RESIDENTS

California law requires us to disclose the following information related to our privacy practices. If you are a California resident, this section applies to you in addition to the rest of this Privacy Policy.

1. Categories of Personal Information We Collect, Use, and Disclose

The table below identifies the categories of personal information we have collected in the past twelve (12) months. It also lists the categories of third parties to whom we disclose personal information for a business purpose. For more information, including the sources from which we obtain personal information, please see the “INFORMATION WE COLLECT” section of this Privacy Policy.

Categories of Personal Information Collected	Categories of Recipients to Whom Information Was Disclosed for A Business Purpose	Categories of Third Parties to Whom Information is Sold
Identifiers– this may include real name, alias, postal address, unique personal identifier, online identifier, email address, account name, social security number, driver’s license number, passport number or other similar identifiers.	Advertising networks Affiliates or subsidiaries Business partners Data analytics providers Internet service providers Operating systems and platforms Service Providers Payment processors and financial institutions Social networks	none
Additional categories of personal information described in theCalifornia Customer Records statute (Cal.Civ.Code §1798.80(e)) – this may include signature, physical characteristics or description, state identification card number, insurance policy number, education, bank account number, credit card number, debit card number, and other financial information, medical information, and health insurance information.	Advertising networks Affiliates or subsidiaries Data analytics providers Internet service providers Service providers Payment processors and financial institutions	none
Characteristics of protected classifications– this may include age, sex, race, ethnicity, physical or mental handicap, etc.	Advertising networks Affiliates or subsidiaries Data analytics providers Internet service providers Service providers	none
Commercial information – this may include information about products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Advertising networks Affiliates or subsidiaries Business partners Data analytics providers Service Providers Payment processors and financial institutions	none
Internet or other electronic network activityinformation – this may include browsing history, search history, and information regarding an individual’s interaction with an internet website, application, or advertisement.	Advertising networks Affiliates or subsidiaries Business partners Data analytics providers Internet service providers Operating systems and platforms Service Providers Payment processors and financial institutions Social networks	none
Geolocation data	Advertising networks Affiliates or subsidiaries Data analytics providers Internet service providers Service providers	none
Audio, electronic, visual, thermal, olfactory, or similar information	Affiliates or subsidiaries Service providers	none
Professional or employment-related information	Affiliates or subsidiaries Service providers	none
Inferences drawn from any of the information listed above	Advertising networks Affiliates or subsidiaries Data analytics providers Internet service providers Service providers	none

We use and disclose these categories of personal information for the purposes described in the “HOW WE USE INFORMATION” and “HOW WE SHARE INFORMATION” sections in this Privacy Policy.

2. Privacy Rights

As a California resident, you have certain rights, such as:

• Access to Information. You may request information regardingthe categories of personal information we have collected about you; the categories of sources from which the information was collected; the purposes for which we collected, disclosed, or sold personal information; and the categories of third parties to whom we have sold or disclosed personal information for a business purpose and the categories of personal information disclosed or sold. You may also request access to the specific pieces of personal information we have collected in the 12 months preceding your request, including, where applicable, in an electronic and readily-usable format.

Your access rights under California law are not absolute. Specifically, you have the right to make a request no more than twice in a twelve (12) month period and the information you can request is limited to personal information collected in the 12-month period preceding our receipt of the request.

• Deletion. You may request that we delete the personal information we have collected from you. If required by law we will grant a request to delete information, but you should note that in certain situations, and to the extent permitted by law, we may be required to keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.

• Opt-Out of Sales. You have the right to opt-out of any sales of personal information that may be occurring.If you wish to exercise this right, you may submit a request by email at cs@echelonfit.com or by phone at 888-784-2835.

• Non-discrimination. You have the right not to be discriminated against for exercising your rights under California law. We do not discriminate against California consumers who exercise their rights described in this section . However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your personal information as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.

Please note that not all these rights are absolute, and they do not apply in all circumstances. While we will make reasonable efforts to accommodate your request, we also reserve the right to impose certain restrictions and requirements on such requests, if allowed or required by applicable laws. Any request you submit to us is subject to an identification and residency verification process.

3. Exercising Your Privacy Rights

For the most part, we enable exercise of the privacy rights described in the paragraphs above directly through our Services when logged in.

If you are a California resident and you would like to make a request for access, portability, or deletion of your information, you may submit a request through the CCPA Request Form, by email at cs@echelonfit.com or by phone at 888-784-2835.

In order to process your request, we must be able to verify your identity to make sure you are the person about whom we have collected personal information or an authorized representative. Depending on the type of request, we may conduct the verification process by email or phone using information that matches our records. The information you must provide as part of the verification process may include: name, email address, mailing address, phone number, user name, state and/or country of residency, and/or proof of residency. We may also ask for additional information as needed based on your relationship with us.

You may also designate an authorized agent to exercise these rights on your behalf by providing the authorized agent signed permission to submit the request on your behalf. If an authorized agent submits a request on your behalf, we may need to contact you to verify your identity and protect the security of your personal data. Please note, we cannot process your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you.

4. California’s “Shine the Light” Law. California's “Shine the Light” law requires certain businesses to respond to requests from California customers asking about the businesses' practices related to disclosing personal information to third parties for the third parties' direct marketing purposes. You may make such a request by completing and submitting a STL Request Form.

12.INFORMATION NEVADA RESIDENTS

Pursuant to Nevada law, you may direct a business that operates an internet website not to sell certain personal information a business has collected or will collect about you. We do not sell your personal information as defined under Nevada law. For more information about how we handle and share your personal information or your rights under Nevada law, please contact us at privacy@echelonfit.com.

13.CHANGES TO THIS PRIVACY POLICY

We may also provide additional “just-in-time” disclosures or additional information about the data collection, use and sharing practices of specific Services. Such notices may supplement or clarify our privacy practices or may provide you with additional choices about how we process your Personal Information.

14.CONTACT DETAILS

If you have any questions, complaints, or comments about this Privacy Policy or our privacy practices, you may email our Data Protection Officer at privacy@echelonfit.com or by mail at:

Echelon Fitness Multimedia, LLC

Attn: Chief Information Security Officer

6011 Century Oaks Drive

Chattanooga, TN 37416

If you live in the EAA, UK, or Switzerland, you may also contact us at:

Echelon Fit UK Ltd

Attn: Data Protection Officer

88 Crawford Street

London W1H 2EJ

United Kingdom

Email: CS@echelonfit.uk or lillian.pang@taceo.co.uk

15.ACCESSIBILITY

Persons with disabilities may obtain this Privacy Policy in an alternative format, upon request, by contacting us at the appropriate address above. If you are visually impaired, you may access this notice through your browser’s audio reader.

16.ENGLISH LANGUAGE

The parties declare that they have required that this Privacy Policy and all documents related hereto, either present or future, be drawn up in the English language only.

Les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.