Effective Date: This Privacy Policy was last updated on November 1, 2024.Whoa Fitness LLC (“Whoa Fitness”, “we” , “us” , or “our”) respect your privacy and use yourpersonal information in an effort to fulfill our commitment to offering and providing anunparalleled member experience. This Privacy Policy (“Privacy Policy”) describes the privacypractices of Whoa Fitness, including the types of personal information we obtain, how we usethis personal information, with whom we share it and the choices available regarding our use ofthe information. This Privacy Policy also describes the measures we take to safeguard thepersonal information and how you can contact us about our privacy policies.This Privacy Policy applies to the personal information we obtain when you interact with WhoaFitness, including but not limited to when they visit and use our WHOA FITNESS-brandedlocations (our “Clubs”), use https://www.whoafitnessnyc.com/ and any other websites, mobileapps or online services or platforms of Whoa Fitness on which this Privacy Policy is included orlinked to (collectively, the “Sites”), apply for a job with us or otherwise connect with us.INFORMATION WE COLLECTThe types of personal information we collect include:Contact information, such as name, email and postal address and phone number.Professional information, such as job title and employer details.Login credentials (e.g. username and password).Payment and financial information, such as your credit/debit card number, expiration dateand security code, bank account number, and billing address.Demographic information you provide when you visit or become a member of an WhoaFitness club, such as date of birth, age, and gender identity or expression.Information and data regarding your fitness, health, nutrition, activities, biologicalcharacteristics, and training goals, programs and progress.COVID-19 screening information, such as health declarations and vaccination status.Membership and usage information, such as membership ID, the times you check in,workouts you log, classes you book, information provided when you purchase or scheduletraining sessions and spa treatments, and transaction history.Personal preferences such as favorite clubs, classes and instructors.Account information if you establish an online account with us, such as login credentials(e.g., username and password). mages and videos, including photographs and CCTV video footage.The geolocation of your device if you consent to the collection of this data.Biometric information such as facial geometry scans or other facial recognitioninformation.Information in connection with applying for a job at Whoa Fitness such as employer andemployment history, education, job function, salary, professional certifications and otherresume information.Social media handles, content and other information that you post to our social media pagesor tag us on your social media pages, and information we obtain from third-party socialmedia services (e.g., Facebook) if you choose to link to, or create or log in to your WhoaFitness online account through, these services.Information from third-party fitness devices, apps or services (e.g., Apple Health) or fromour affiliates’ or third-party partners’ sites, apps, products, services or offerings (theforegoing, collectively “Connected Accounts”), if you choose to connect any of theforegoing to your Whoa Fitness account or our Sites, or if you chose to use your WhoaFitness account to log into or validate your account with any Connected Account.Other Information you provide to us, including through emails and other communications,surveys, information or content transmitted or uploaded through your Whoa Fitnessaccount (such as posts to message boards), and interactions with Whoa Fitness and itspersonnel, or information when you enter any sweepstakes, contests or promotions we mayoffer.In many cases, we will collect the personal information described above directly from you. Insome cases, however, we will collect the information from other sources, such as:Business partners: we may obtain your information from other businesses with which wepartner to provide you with products, services or offers we believe may be of interest toyou, including our on-property partners such as cafes and through any ConnectedAccounts.Friends and family: we may obtain your information from your friends and family, such aswhen they refer to you our products, services or other offers.Other sources: we may obtain information from other sources such as publicly availabledatabases, joint marketing partners, social media platforms, consumer data resellers, onlineadvertising companies, and vendors who provide services on our behalf.INFORMATION WE OBTAIN BY AUTOMATED MEANSWhen you interact with our Sites, or when you connect to our Wi-Fi network at our club, weobtain certain information by automated means, such as cookies, web server logs, web beacons,and other technologies. A “cookie” is a text file that websites send to a visitor’s computer orother Internet-connected device to uniquely identify the visitor’s browser or to store informationor settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF,links web pages to web servers and their cookies and may be used to transmit informationcollected through cookies back to a web server.We use these automated technologies to collect information about your equipment, devices,internet connection, browsing actions, and usage patterns. The information we obtain in thismanner may include your IP address, identifiers associated with your devices, types of devicesconnected to our services, web browser characteristics, browsing history, device characteristics,language preferences, referring/exit pages, clickstream data, and dates and times of visits to ourSites. We may also obtain information about how you interact with the Sites, such as features andpages you visit, search queries, and download errors. These technologies help us (1) rememberyour information so you will not have to re-enter it; (2) track and understand how you use andinteract with our products and services; (3) tailor the products and services around yourpreferences; (4) measure the usability of our products and services and the effectiveness of ourcommunications; and (5) otherwise manage and enhance our products and services.Your browser may tell you how to be notified when you receive certain types of cookies or howto restrict or disable certain types of cookies. Please note, however, that without cookies you maynot be able to use all of the features of our Sites. For mobile devices, you can manage how yourdevice and browser share certain device data by adjusting the privacy and security settings onyour mobile device.Information about our cookie practices and how to change your cookie settings is available inour “Cookies Policy” below. To the extent required by applicable law, we will obtain yourconsent before using cookies or similar tools.Certain web browsers allow you to instruct your browser to send Do Not Track (“DNT”) signalsto websites you visit, informing those sites that you do not want your online activities to betracked. At this time, our Sites are not designed to respond to DNT signals or similarmechanisms from browsers. For information about Do Not Track, pleasevisit: www.allaboutdnt.org.HOW WE USE YOUR INFORMATIONWe use the personal information we obtain about you to perform our contract with you or to takesteps at your request prior to entering into a contract with you, including to:Provide our services, products and other offerings to you.Provide a seamless and integrated experience across Connected Accounts.Establish, manage and administer your membership and account with us, includingverifying customer information and carrying out billing functions. We reserve the right touse any contact information held on file (including email, mailing address, and telephone ormobile phone) to contact to you when administering your membership.Provide a safe environment for our employees and members, including determining anypotential COVID-19 exposure.Process and fulfill your purchases in connection with our membership opportunities,products and services (e.g., training sessions, retail purchases and spa treatments), andkeeping you informed about the status of your membership and purchases.Provide customer support services.Manage career opportunities, including for recruitment purposes, candidate screening,interviewing and evaluation, and employee onboarding.Establish and manage our relationships with our vendors, providers, suppliers andconsultants.We also use the information we obtain based on our legitimate interests and business purposes,including to:Personalize and improve your experience on the Sites and at our club.Provide you with a more personalized and relevant membership with Whoa Fitness.Communicate with you about our products and services, and send you promotional andother marketing communications. See the “Your Choices” section below to learn how youcan opt out of these communications.Communicate with you about, and administer your participation in, sweepstakes, surveys,events, programs, contests, promotions and other offers.Enable our affiliated companies and business partners (e.g., on-premises cafes andcharitable organizations we partner with) to provide you with products and services, andsend you information that you requested or that we think may interest you about theirproducts or services.Respond to your requests and inquiries.Manage our business relationships.Operate, evaluate, develop, manage and improve our business, including by operating,administering, analyzing and improving our Sites, products and services; conductingresearch and developing new products and services; managing and evaluating theeffectiveness of our communications; performing accounting, auditing, billing,reconciliation and collection activities and other internal functions.Perform analytics (including market research, trend analysis, financial analysis, andanonymization of personal information);Protect against, identify and prevent safety and security issues, fraud and other criminalactivity, claims and other liabilities; andConduct investigations and comply with and enforce applicable legal requirements,relevant industry standards, and our policies and terms, and for the establishment, exerciseor defense of legal claims, whether in court proceedings or in administrative or out-of-courtprocedures.We use your personal information for these purposes because we have a legitimate businessinterest in providing services to our members, guests and other interested individuals that is notoverridden by your interests, rights and freedoms to protect personal information about you.Where we need to collect personal information by law, or under the terms of a contract we havewith you, and you fail to provide that data when requested, we may not be able to perform thecontract we have or are trying to enter into with you (e.g., to process your payment). In this case,we may not be able to provide you with the product or service you have requested but we willendeavor to notify you if this is the case.We also may use the information we collect about you in other ways for which we will providespecific notice at the time of collection and obtain your consent if required by applicable law.THIRD-PARTY ANALYTICS SERVICESWe use third-party web analytics services on our Sites, such as Google Analytics andContentSquare. The service providers that administer these services use automated technologiesto collect data (such as IP addresses) to evaluate use of the Sites.To learn more about these analytics services, please see our “Cookies Policy” below. To learnhow to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.INTERNET-BASED ADVERTISINGWhen you visit our Sites, we may collect information about your online activities for use inproviding you with advertising about products and services tailored to your individual interests.We also may obtain information for this purpose from third-party websites on which our ads areserved. This section of our Privacy Policy provides details and explains how to exercise yourchoices.You may see certain ads on other websites because we engage third-party ad buying networks(such as Google Ads and Facebook). Through such ad networks, we can target our messaging tousers through demographic, interest-based and contextual means. These networks track youronline activities over time and across multiple websites by collecting information throughautomated means, including through the use of third-party cookies, web server logs, pixels andweb beacons. The networks use this information to show you ads that may be tailored to yourindividual interests. The information our ad networks may collect on our behalf includes dataabout your visits to websites that serve Whoa Fitness advertisements, such as the pages oradvertisements you view and the actions you take on the websites. This data collection takesplace both on our Sites and on third-party websites that participate in these ad networks. Thisprocess also helps us track the effectiveness of our marketing efforts.To learn how to opt out of ad network interest-based advertising in the U.S., please visithttp://www.aboutads.info/choices and http://www.networkadvertising.org/choices. To the extentrequired by applicable law, we will obtain your consent before using your information forinterest-based advertising.INFORMATION SHARINGWe share your personal information with our vendors and other advisors such as law firms andauditors, who perform services or functions on our behalf, such as vendors who assist WhoaFitness in maintaining the Sites, sending postal mail and email, managing and updating memberlists and records, analyzing data, and facilitating customer service. In accordance with applicablelaw, we have entered into appropriate written agreements with our vendors and we do notauthorize our vendors to retain, use or disclose the information for any purpose other than thespecific purpose of performing services on our behalf or complying with legal requirements.However, in certain instances vendors may use aggregated, de-identified information for theirreasonable business purposes such as improving their products or services or for statisticalreporting.We may share your personal information with our affiliates, subsidiaries and parent companies.In addition, we may share your personal information with other businesses with which wepartner to provide you with products, services or offers we believe may be of interest to you,including on-premises businesses and charitable organizations we partner with.In accordance with applicable law, we may disclose information about you:If we are required to do so by law or legal process (such as a court order or subpoena).In response to requests by government agencies, such as law enforcement authorities.To establish or defend our legal rights or to enforce our membership agreement, terms andconditions and other contracts with you.When we believe disclosure is necessary or appropriate to prevent physical or other harmor financial loss.In connection with an investigation of suspected or actual illegal activity or violation of ourmembership rules and policies.We may otherwise disclose information where we have obtained your consent to do so. We alsoreserve the right to assign or transfer any information we have about you in the event of anymerger, acquisition, sale of assets, sale of our business, joint venture, reorganization, divestiture,dissolution, liquidation or other corporate transaction, involving us or any of our parentcompanies or affiliates.Social Media and Third Party Apps: We may share information with social networks whenyou interact with the Sites (e.g., clicking a Facebook “like” button) or connect your social mediaaccounts to a Site. If you elect to connect Third Party Apps to the Sites, your information mayalso be shared with these third parties. Please see below for more information on this, as we donot control these third parties or their privacy practices.YOUR CHOICESWhere required by applicable law, we will obtain your consent to send you marketingcommunications. If you do not wish to receive any marketing emails, you can opt out of futuremailings by clicking on the unsubscribe link located on the bottom of the relevant email. If youare a member and have an account on the Sites, you can unsubscribe at any time by logging inand adjusting your communications preferences. If you are a member, please note that even ifyou opt out of receiving promotional emails, you will continue to receive administrative andoperational communications regarding your membership, such as notices regarding billing,session reminders or club closures.TEXT MESSAGESIn certain instances, the Sites may allow you to elect to communicate with Whoa Fitness byusing text message, including in connection with scheduling a visit to one of our Whoa Fitnesslocations. By electing to receive text messages, you are expressly consenting to receiving textmessages made using an automatic telephone dialing system from Whoa Fitness or its serviceproviders, and you also understand and agree that data rates and charges may apply and that youare solely responsible for all associated costs assessed by your telecommunication carrier orprovider. Providing this consent is not a condition of becoming a member of Whoa Fitness orreceiving any goods or services from Whoa Fitness.You may opt out from receiving text message at any time by either replying STOP or END to atext you have from Whoa Fitness or by texting STOP or END to [fill in] at any time. Please notethat you may receive a confirmation text acknowledging you have unsubscribed. Please allowfive (5) business days to process your request. Whoa Fitness offers you the option to engage inSMS text conversations about your job application. By participating, you also understand thatmessage frequency may vary depending on the status of your job application, and that messageand data rates may apply. Please consult your carrier for further information on applicable ratesand fees. Carriers are not liable for delayed or undelivered messages. Reply STOP to cancel andHELP for help. By opting-in to receiving SMS text messages about your job application, youacknowledge and agree that your consent data, mobile number, and personal information will becollected and stored solely for the purpose of providing you with updates and information relatedto your job application. We are committed to protecting your privacy and shall not share or sellyour consent data, mobile numbers, or personal information to third parties under anycircumstances.THIRD-PARTY SITES AND CONNECTED ACCOUNTSFor your convenience, the Sites may contain links to other online services or otherwise enableyou to connect with third party sites, features, plug-Ins, tools, widgets, social media platforms orapps such as Facebook, Instagram, Twitter, YouTube and Apple (collectively “Third-PartySites”). or they may enable you to connect or link to, or otherwise use your Whoa Fitnessaccount in connection with, Connected Accounts. Third-Party Sites operate independently fromus, and the privacy practices of the relevant third parties, including details on the informationthey may collect about you, are subject to the privacy policies of those third-parties. Youacknowledge and agree that your interactions with those Third-Party Sites and ConnectedAccounts, and your rights and obligations when accessing and using Third-Party Sites andConnected Accounts, are not governed by this Privacy Policy (or the Whoa Fitness Terms ofUse) and will instead be governed by the terms and policies of those Third-Party Sites, and weencourage you to carefully read those terms and policies, as they may differ from ours.TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FORTHE NATURE AND CONTENTS OF ANY FOR THE PRACTICES OF, OR THECOLLECTION, USE OR SHARING OF YOUR PERSONAL INFORMATION BY, ANYTHIRD-PARTY SITES OR CONNECTED ACCOUNTS.HOW WE PROTECT PERSONAL INFORMATIONWhoa Fitness maintains administrative, technical and physical safeguards designed to protectpersonal information against accidental, unlawful or unauthorized destruction, loss, alteration,access, disclosure or use.INTENDED FOR USE BY ADULTSThe Sites are intended for use by adults, and you may use the Sites only if you are at leasteighteen (18) years of age or, consistent with our membership policies, have parental consent ifyou are sixteen (16) or seventeen (17) years old. The Sites are not intended for or directed tochildren under the age of thirteen (13), and we do not knowingly collect or store any personalinformation from children under the age of thirteen (13).UPDATES TO OUR PRIVACY POLICYWe may periodically update this Privacy Policy, in our discretion, to reflect change in ourprivacy practices, the Sites and applicable law. We will post a notice on the Sites to notify you ofsignificant changes to our Privacy Policy and indicate at the top of this Privacy Policy when itwas most recently updated. You should check this page from time to time to ensure you arehappy with our current Privacy Policy.CONTACT WHOA FITNESSIf you have questions regarding our Privacy Policy or any other issue, please contact us atinfo@whoafinessnyc.com. Your feedback is always welcome and appreciated.COOKIES POLICYWe collect certain information by automated means when you visit the Sites, through variousmeans such as “cookies”, “web beacons” and IP addresses, as described below. A “cookie” is asmall text file that a website saves on your computer or mobile device when you visit the site.We use cookies to tell us whether you have visited us before or if you are a new visitor. We alsouse cookies to help us identify site features in which you may have the greatest interest. Cookiesmay also enhance your online experience by saving your preferences while you are visiting aparticular site. Web beacons” (also known as Internet tags, pixel tags and clear GIFs) allow thirdparties to obtain information such as IP address, the URL of the page on which the beaconappears, timestamps, browser type, and the information in cookies set by the third party. TheSites use the following types of cookies and web beacons:Strictly Necessary: These cookies are necessary for the Sites to operate properly and facilitateyour use of its features. Without these cookies, certain services cannot be provided. Thesecookies help us understand information, such as your session ID and other server authenticationinformation. This category of cookies should not be disabled. If you use your browser settings toblock them, we cannot guarantee your security or predict how the Sites will perform during yourvisit. Examples of our strictly necessary cookies include: [fill in]Functional: These cookies allow the Sites to remember choices you make and provide enhancedand more personal features. They can also be used to make sure the content we show is relevantto you – for example, if you are logged in as a member, we use a cookie to make sure we don’tshow you a promotion for non-members. They can also be used to remember changes made toparts of our website that you can customized. Examples of our functional cookies include: [fillin]Performance and Analytics: These cookies collect information about how you interact with theSites, such as what pages you visit and if any errors have occurred. Information is used toimprove how the Sites function. These cookies don’t collect information that identifies you, butgenerate statistical data about your use of our Sites. Examples of our analytics cookies include:[fill in]Targeting and Advertising: These help customize the content and information you receive onthe site and to help deliver ads that we believe are relevant to your interests. Advertising cookiesmay be placed on the Sites by a third party with our consent, which then enables us to determinewhether or not to show you an Whoa Fitness ad when you are browsing other sites. Third-partycookies we have allowed to be placed on the Sites for advertising purposes are listed below.Please visit the relevant third party’s site for more information on these cookies and how you canopt out of them.Facebook: The fr and other Facebook cookies are set on our website to help identify aFacebook user as someone who visited our website so that we can determine whether or notto show that user an Whoa Fitness ad on Facebook.LinkedIn: The BizoID, BizoUserMatchHistory and lang are set on our website to helpidentify a LinkedIn user as someone who visited our website so that we can determinewhether or not to show that user an Whoa Fitness ad or job listing on LinkedIn.Yahoo: The B cookie is set on our website to help identify a Yahoo user as someone whovisited our website so that we can determine whether or not to show that user an WhoaFitness ad on Yahoo.Your Choices: In addition to visiting the third-party sites above, you can manage cookiesthrough your web browser. Most browsers will tell you how to stop accepting new cookies, howto be notified when you receive a new cookie, and how to disable existing cookies. You can findout how to do this for your particular browser by clicking “help” on your browser’s menu or byvisiting www.allaboutcookies.org. Please note, however, that if you disable cookies you may notbe able to take full advantage of all features and functionalities of the Sites. The followingexternal links will explain how to manage cookies for the most common browsers:Internet Explorer Microsoft Edge Google Chrome Firefox SafariIn addition to the browser-based controls, you can manage third party cookies byvisiting http://aboutads.info/choices/.