Privacy Policy

BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THIS ONLINE PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS ONLINE PRIVACY POLICY, DO NOT USE THE WEBSITE OR SUBMIT PERSONAL INFORMATION TO US IN ANY MANNER.

Delta Life Fitness, LLC and its subsidiaries and affiliates, and their respective stockholders, directors, officers, employees, agents, successors and assigns (collectively, the “Company”) is very sensitive to the privacy concerns of the visitors to its site on the Internet. This Privacy Policy (this “Privacy Policy”) outlines the types of Personal Information that you may provide to us on any website controlled by the Company which link to this Privacy Policy (referred to, individually and collectively, as the “Website”) and explains how the Company handles such Personal Information. This Privacy Policy does not apply to personal information collected from you offline, to websites that do not link to this Privacy Policy or to third-party websites to which the Website may link. Your use of the Website is subject to this Privacy Policy and the applicable Website terms and conditions (capitalized terms set forth but not otherwise defined herein have the meanings ascribed thereto in the Website terms and conditions).

Definition of “Personal Information”

“Personal Information” means information that identifies any visitor or could reasonably be used to identify such visitor and which is submitted to and/or collected by the Website and maintained by the Company in an accessible form, and includes information actively submitted by you and passively-collected information, as described below.

Collection of Personal Information Online

E-mail addresses and other Personal Information of visitors, such as a first and last name, home or other physical address or telephone number, are known to the Company only when voluntarily submitted, for example, via registration for sweepstakes or contests, content submissions, suggestions or participation in online interactive activities. For example, you may submit your name, postal address, e-mail address, and/or other information in order to receive information about various subjects, register for programs, contact customer service, or respond to surveys.

Certain non-personal information of visitors is recorded by the standard operation of Internet servers of the Company. Information tracked includes the visitor’s type of operating system (e.g., iOS, Android, Windows) and the type of browser (e.g., Internet Explorer, Chrome, Firefox, Safari). Like many other websites, the Company makes use of log files. The information inside the log files includes internet protocol (IP) addresses, type of browser, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and number of clicks to analyze trends, administer the site, track user’s movement around the site, and gather demographic information, IP addresses, and other such information. In addition, certain Personal Information may be collected using various technologies, such as cookies, Internet tags, and web beacons. As detailed more particularly below, the Website does use cookies to track visitor preferences. Collectively, this information is primarily used to provide an enhanced online experience for the visitor. Other uses of this information include internal review of the number of visitors to the site, but only in an aggregate and non-personally identifiable form.

Use of Personal Information

Personal Information may be shared by the Company with its affiliates and its and their respective franchisees, and with vendors that help access and manage the information (all of the foregoing are hereinafter referred to collectively as “authorized recipients”), but in all instances the information will be used only for the purposes enunciated in this policy. Specifically, this information may be used: (1) to help the Company better understand visitors’ use of the Website; (2) to respond to specific requests from visitors; (3) to provide notices to visitors, such as marketing information, discount coupons and new product offerings; and (4) to protect the security or integrity of the site. In addition, certain Personal Information may be submitted through online forms on the Website necessary to provide services offered by the Website. After you have entered Personal Information into a form or data field on the Website, the Company may use certain identifying technologies to allow that website to “remember” your personal preferences, such as sections of the Website that you use frequently. The Company may also use this Personal Information for other business purposes, such as to offer you the opportunity to receive notices regarding the Company’s products or services, to invite you to participate in surveys about our products, or to notify you about special promotions. In addition, if you are accessing the Website via a third-party site in connection with obtaining discounted access to services offered by the Company or in connection with a third-party program offering rewards, reimbursements, benefits or other incentives based on your use of the Company’s services (a “Third-Party Offer”), the Company may share your Personal Information (including your use of such services) with the applicable third party in accordance with the terms of such Third-Party Offer to facilitate the provision of such discounts, rewards, reimbursements, benefits and/or other incentives.

Consolidation of Personal Information

The Company may consolidate the Personal Information of individuals who use the Website. The Company uses this information to help us better design the Website and our products, to communicate information to you, to enhance our marketing and research activities, and to facilitate other business functions.

Limitations on Collection of Personal Information

You may always limit the amount and type of actively-transmitted Personal Information that the Company receives about you by choosing not to enter any Personal Information into forms or data fields on the Website. However, some online services can only be provided to you if you provide appropriate Personal Information. Other parts of the Website may ask whether you wish to opt out or opt in to contact lists for offers, promotions and additional services that may be of interest to you.

You may also be provided with preference questions or preference boxes allowing you to indicate that you do not want the Website to use tracking technologies, such as cookies, to “remember” your Personal Information, such as user IDs or mailing addresses, on return visits. However, if the Website uses tracking technologies to collect unidentifiable information, it will not generally provide you with the ability to opt out of the tracking technologies. Some internet browsers allow you to limit or disable the use of tracking technologies that collect passively-transmitted information. More detailed information about cookie management or other passive transmissions by specific web browsers can be found at the browser’s respective websites.

Transmission of Personal Information to Third Parties

Unless otherwise disclosed during the collection, this information will not be sold, transferred or otherwise disclosed to anyone other than authorized recipients, except where disclosure is required by law.

To the extent that any of the sites accessible through this site has different practices, those different practices will be applicable at those sites. The Company is not responsible for the practices, policies or content applicable to these third party sites. Inclusion of a link to another site does not imply endorsement by the Company.

To provide you with a more relevant and interesting experience, we may participate in behavioral-based advertising. This means that the Company and/or a third party may place a cookie on your browser, or use a web beacon, to collect information about your use of our website so that the Company and/or a third party can provide advertising about products and services tailored to your interest (including, without limitation, products and services offered by the Company and its affiliates). These third-party ad servers or ad networks use technology to the advertisements and links that appear on the Website sent directly to your browser. They automatically receive your IP address when this occurs. Other technologies (such as cookies, JavaScript, or web beacons) may also be used by the third-party ad networks to measure the effectiveness of their advertisements and / or to personalize the advertising content that you see. The Company has no access to or control over these cookies that are used by third-party advertisers. You should consult the respective privacy policies of these third-party ad servers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices. This Privacy Policy does not apply to, and the Company cannot control the activities of, such other advertisers or websites.

Some of these third party companies may be participants in the Digital Advertising Alliance (“DAA”). The DAA offers a choice mechanism with respect to certain types of data collection and use. We adhere to the DAA’s Self-Regulatory Principles for Online Behavioral Advertising. Visit www.aboutads.info to exercise choice with respect to participants of the DAA. If you would like to opt-out from having the behavioral-based advertising companies with whom we have a relationship use your Personal Information for advertising purposes you can do so by visiting the Network Advertising Initiative or Digital Advertising Alliance. If you change computers, devices, or browsers, use multiple computers, devices, or browsers, or delete your cookies, you may need to repeat this process for each computer, device, or browser.

Additionally, if the Company sells one of its product lines or divisions, Personal Information may be transferred to the buyer so that the buyer can continue to provide you with information and services. Finally, the Company reserves the right to disclose Personal Information to respond to authorized information requests from government authorities, to address national security situations, or when otherwise required by law, in the Company’s sole discretion.

Use of Cookies

When you view this site, the Company may temporarily store some information on your computer. This information will be in the form of “cookies” or other web beacons to store information about visitors’ preferences, to record user-specific information on which pages a visitor accesses or visits, and customize web page content based on visitors’ browser types or other information that a visitor sends via their browser or other means. Passive information collection technologies such as cookies can make your use of the Website easier by allowing the Company to provide better service, customize sites based on consumer preferences, compile statistics, analyze trends, and otherwise administer and improve the Website. Certain features of the Website may not work without use of passive information collection technologies. These techniques help the Company and the Website functions in many ways, but with strict restrictions on their use. First, Company cookies expire thirty (30) days after the end of the applicable browser session so that the site cannot track your activities over an extended period of time, and so that no permanent storage is used by these cookies. Second, Company cookies are only used in order to provide convenience to you (for example, to reduce repetitive typing) and to allow the Company to tailor the site to better match your interests and preferences. They are not used to profile your activities or to gather unauthorized personal information. For purposes of this Privacy Policy, a “browser session” will be deemed to have ended when your Internet browser is closed.

With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before cookies are stored. Please refer to your browser instructions or help screen to learn more about these functions.

Security of Personal Information

The Company makes an effort to ensure that Personal Information is protected while you are on the Website. However, the confidentiality of Personal Information transmitted over the Internet cannot be guaranteed. We urge you to exercise caution when transmitting Personal Information over the internet, especially Personal Information related to your health. The Company cannot guarantee that unauthorized third parties will not gain access to Personal Information; therefore, when submitting Personal Information to the Website, you must weigh both the benefits and the risks.

Links to Other Websites

The Website may contain links to websites operated by others. Each of those maintains its own policies about the collection, use and security of Personal Information. The Company is not responsible for the manner in which others use your Personal Information. Before providing Personal Information to any other website, you should read its privacy policy and terms of use, and ensure they are acceptable to you. Notwithstanding any content on the Website indicative of the contrary, the Company makes no endorsement of or representation about any such websites, or any information, software, or other products or materials found there, or any results that may be obtained from using them.

If you decide to access any website linked to in this Website, you do so entirely at your own risk. The Company does not guarantee that you will receive an alert when you leave the Website, and it is your responsibility to determine when you have left the Website. The Company recommends that you review any third party website’s privacy policies before submitting any information. The Company assumes no responsibility for and shall not be liable for the privacy, terms of use, or other policies of any third party website, any damage to, or viruses that may infect your computer equipment or other property, or for any loss or corruption of data resulting from any third party website navigated to or accessed from links hosted on or contained in the Website.

Personal Information Related to Children: A Note for Parents or Legal Guardians

Consistent with the Children’s Online Privacy Protection Act, the Company is committed to protecting children’s privacy on the Internet. The Company does not intend to, or knowingly, collect, use, or disclose Personal Information (including online contact information) of children under the age of 18, and we encourage parents or guardians to supervise their children’s online activities and to consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their names, addresses and other personal information without your permission. If the Company becomes aware of a child under the age of 18 attempting to register on the Website, the Company will not accept the registration. Once the Company becomes aware of a child under the age of 18 providing Personal Information, we will attempt to delete that information. If your child has provided Personal Information, please contact us so it can be deleted. If you are under the age of 18, do not provide the Company with any Personal Information.

Acceptance of Privacy Terms and Conditions

Your access to and use of the Website is subject to this Privacy Policy and all applicable laws. By accessing and browsing this site, you accept, without limitation or qualification, this Privacy Policy. The Company reserves the right to at any time revise this Privacy Policy without prior notice to reflect technological advancements, legal and regulatory changes and good business practices. If the Company changes its privacy practices, a new Privacy Policy will reflect those changes and the effective date of the revised Privacy Policy will be set forth in this Privacy Policy. You are bound by any such revisions and should therefore periodically visit this page to review the then-current privacy terms and conditions to which you are bound. If you have questions about the use, amendment, or deletion of Personal Information that you have provided to the Company, or if you would like to opt out of future communications from a Company business or a particular program, please contact us by clicking on the “Contact” link on this Website or write:

Attn: Chief Executive Officer

support@deltalifefitness.com

In all communications to the Company, please include the e-mail address used for registration (if applicable), the website address or the specific program to which you provided Personal Information and a detailed explanation of your request. If you would like to delete or amend your Personal Information and are contacting us by e-mail, please put “Deletion Request” or “Amendment Request”, as applicable, in the subject line of the e-mail. We will do our best to respond to all reasonable requests in a timely manner.