Digital Privacy Policy

This Digital Privacy Policy (“Privacy Policy”) describes the privacy practices of Zenergy Thunder Spring, LLC. and its subsidiaries operating under the ZENERGY brand (“Zenergy”) in connection with the Zenergy websites and the applications designed for download and use by Zenergy members on mobile devices (collectively, “Digital Properties”). By using the Digital Properties, and the features and services made available through the Digital Properties, you are acknowledging that you have read, understand and agreed to the terms and conditions of this Privacy Policy and expressly consent to our collection, use and disclosure of your personal information, as described in this Privacy Policy. We use the personal information collected through the Digital Properties in an effort to fulfill our commitment to offering and providing unparalleled member service. This Privacy Policy is intended to describe the personal information that is collected from users of the Digital Properties and how it is used and disclosed by or on behalf of Zenergy. This Privacy Policy may change as we continue to evolve our business, as well as the Digital Properties and the features and services made available through the Digital Properties. If we change this Privacy Policy, we will post the revised document here, and such changes will be effective immediately upon that posting. Your continued use of the Digital Properties constitutes your acceptance of such changes and agreement to be bound by the modified Privacy Policy, and so we recommend that you review this Privacy Policy periodically when accessing or using the Digital Properties.

This Privacy Policy was last updated on: March 15, 2017

WHAT INFORMATION WE COLLECT:

When you access and use the Digital Properties, we may directly or indirectly collect information that identifies or relates to you, which includes, without limitation:

Contact and Demographic Information: Information on how to contact you, such as your name, e-mail address, mobile or other phone number, mailing address and zip code, which you may provide to us when, for example, you inquire about our company, membership, or your account, or when you subscribe to receive one of our mailing lists. This may also include certain demographic information such as date of birth, age and gender.

Registration and Membership Information: Information provided when you establish an account on the Digital Properties, such as your email address, username, password, and other contact information provided, as well as information you provide in connection with your Digital Properties account, such as a profile picture. If you are a Zenergy member, we may also collect your membership number and information, as well as information about how you use and interact with Zenergy clubs and the Digital Properties, such as when you use our Digital Properties to check-in to a Zenergy club, , book a personal service , or purchase service sessions. If you have established a Digital Properties account, you may log in to it in order to review and update your information and preferences.

Transaction Information: Information related to your purchase(s) of goods and services through the Digital Properties, such as your credit/debit card information, billing address, the goods and services purchased, and other related transaction information.

Usage Information: Information about your Internet connection, browser, or computer/device, IP address or device ID, and information on how you use and interact with the Digital Properties, such as pages or features you access.

Social Media and Third Party Apps: If you link your social media profiles and accounts to the Digital Properties, or otherwise interact with the Digital Properties through social media networks (e.g., by clicking a Facebook “like” button), information may be made available to, and collected by, the Digital Properties and Zenergy through those social media profiles and accounts. In addition, if you elect to connect any third-party fitness devices or third party applications (collectively “Third Party Apps”) to the Digital Properties in order to utilize certain features and functionalities, we may collect information about you from such Third Party Apps.

HOW WE USE PERSONAL INFORMATION:

We use the personal information collected through our Digital Properties to provide you with the services and products you request, to deliver a more relevant and curated experience with the Digital Properties and relationship with Zenergy, and to satisfy our other business purposes and needs. This may include, without limitation, using that information in connection with:

Transaction Fulfillment: Providing you with the goods, services or information you have requested, and to respond to inquiries, requests and comments from you.

Promotional Materials: Communicating special offers, promotions and information about our company and service offerings to you via email or to you mailing address, if you have provided one. We may also send you newsletters and information about products, services and promotions of our business partners and affiliates. If you do not wish to receive these promotional emails, you can opt out of future promotional mailings by clicking on the unsubscribe link located on the bottom of the relevant promotional email or, if you maintain an account on our Digital Properties, you can also unsubscribe to promotional mailings at any time by adjusting your communications preferences within your account. Although we strive to update our email list as frequently as possible, you might receive another promotional email before we are able to remove you from our lists. If you are a member, please note that even if you opt-out of receiving promotional emails, you will continue to receive Membership Communications, such notices regarding billing or club operations (e.g., change in open hours), as described below.

Text Communications: The Digital Properties may allow you to elect to communicate with Zenergy by using text message, including in connection with scheduling a visit our Zenergy location. By electing to receive text messages, you are expressly consenting to receiving text messages made using an automatic telephone dialing system from Zenergy or its service providers, and you also understand and agree that data rates and charges may apply and that you are solely responsible for all associated costs assessed by your telecommunication carrier or provider. Providing this consent is not a condition of becoming a member of Zenergy or receiving any goods or services from Zenergy. You may opt out from receiving text message at any time by either replying STOP or END to a text you have from Zenergy. Please note that you may receive a confirmation text acknowledging you have unsubscribed. Please allow 5 business days to process your request.

Membership Communications: Providing members with administrative communications, announcements and information about your membership such as information regarding club hours or billing reminders. Zenergy may use any contact information held on file (including email, mailing address, telephone or mobile phone and fax) to communicate with a member in relation to day-to-day administrative activities, such as freeze requests, online purchases and important service alerts.

Personalized Experience: Delivering a more relevant and curated experience to members, including by recommending services or content we think members will enjoy. As part of our efforts to provide members with a more personalized experience, we may combine the information regarding a member and collected through the Digital Properties with other information that we have collected from a member in the course of his or her relationship with Zenergy, including, without limitation, information collected offline when the member checks in to and use our facilities, information the member volunteers when completing assessments and questionnaires regarding physical health, nutrition and fitness goals, and information about the member, such as training logs, provided by personal trainers and other Zenergy staff.

Business Purposes and Research: Analyzing and improving the services we offer (including on or through the Digital Properties), better understanding our business and members, evaluating products and services that may be of interest to you, and carrying out internal purposes and research and otherwise operating our business. This may include aggregating information regarding you across our entire user base or part of our user base.

HOW WE SHARE INFORMATION:

Except as described in this Privacy Policy or in other situations where we have otherwise provided clear prior notice to you, Zenergy does not sell, rent or otherwise share your name, e-mail address, or any other personally identifiable information to unaffiliated third parties. We may, however, share information for the following reasons and with the following persons:

Agents and Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include creating and maintaining our Digital Properties, sending postal mail and e-mail, managing and updating customer lists, analyzing data, providing marketing assistance and providing customer service. They have access to your personal information in order to perform their functions, but may not use it for other purposes.

Social Media and Third Party Apps: We may share information with social networks when you interact with the Digital Properties (e.g., a clicking a Facebook “like” button) or connect your social media accounts to the Digital Properties. If you elect to connect Third Party Apps to the Digital Properties, your information may also be shared with these third parties. Please see below for more information on this, as we do not control these third parties or their privacy practices.

Compliance and Protection: We reserve the right to disclose any personal information we have concerning you if we determine doing so is necessary or desirable to: comply with our obligations under the law or in connection with any legal process or investigative or governmental requests; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Zenergy, its affiliates, our users, members or employees, or others. This includes exchanging information with other companies and organizations for fraud protection, as well as providing information to law enforcement and governmental authorities.

Corporate Transactions: In the event of a reorganization, merger or sale of Zenergy or any of its affiliates, we may transfer any and all personal information we have collected to the relevant third party.

Aggregated Information: We may also share aggregated statistical data with partners that includes your demographic or other information but does not identify you. We reserve the right to provide any and all such aggregated and de-identified data to third parties.

USE OF COOKIES:

We use cookies and similar technologies such as web beacons to enhance your experience on our Digital Properties. For example, a cookie enables us to remember the region or specific club page you have visited so the next time you return to our site you do not have to select that club or region again. You can adjust how your Internet browser (like Chrome or Safari) responds to cookies (e.g., to warn you every time a cookie is sent, or to turn off all cookies). See your browser’s Help menu for these instructions. By disabling your cookies, please understand you will not have access to some of the features that enhance your user experience on the Digital Properties. Zenergy does not currently allow third parties to collect personally identifiable information about your online activities over time and across different websites when that individual uses the Digital Properties and therefore does not respond to web browser “do not track” signals.

USE BY ADULTS AND TEENAGERS:

Zenergy offers membership to individuals of all ages. However, written consent of a parent is required for all individuals under the age of 18. Similarly, the Digital Properties are intended for use by adults, and you must be at least 18 years of age or, for teenagers ages 16 to 18, have parental consent, to provide personally identifying information to us. The Digital Properties are not intended for children under the age of 13, and we do not knowingly collect or store any personal information from children under the age of 13.

THIRD PARTY SITES AND APPS:

While the Digital Properties may contain links to other sites, products or services, please note that when you click on one of these links, you are ‘clicking’ away from the Digital Properties and accessing a third party’s website, app or other digital property. In addition, certain features of the Digital Properties may enable you to connect the Digital Properties to, or otherwise share your information with, Third Party Apps. Please understand that these third parties may collect information about you which will be used under their privacy policies. We encourage you to read the privacy polices of these third parties, as their practices may differ from ours. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE COLLECTION OR USE OF YOUR INFORMATION FROM ANY SUCH THIRD PARTIES.

HOW TO CONTACT ZENERGY:

If you have questions regarding our Privacy Policy, our Digital Properties or our clubs, please contact us by emailing us at info@zenergysv.com. Your feedback is always welcome and appreciated.