PRIVACY POLICY

Last updated as of February 18, 2021

This Privacy Policy explains how we collect, use, and disclose your personal information (“Personal Information”). By directly or indirectly accessing or making use of the services offered or made available by TSR Gym Technik Ltd.(the “Vendor”), including without limitation the InteliVideo software as a service platform, and any website, application or widget associated therewith (the “Services ”), you have agreed to the terms of this Privacy Policy and to abide by our Terms of Service.

  1. 1. Collection and Use of Personal Information by SoCal Fitness and the Vendor
  2. We collect the following categories of Personal Information when you use our Services:

    a. Your name, address, telephone number, email address, billing information, financial information which you submit to us for activation of an account is necessary to maintain your account and for billing for the services. You will be asked to create a unique username and password (collectively “Access ID”) that will be necessary to make services available to you. Additional information may be requested to verify your identity to register, maintain or access your account, for security purposes.

    b. Additional information which you directly provide to us in order to improve your experience or enable certain features of the Services, such as if you are a Trainee as defined in our Terms of Service, your fitness and nutrition information. If you are a Trainer, this would include fitness and meal plans you create for Trainees. Your Personal Information may also be used to advertise new offerings and services to you. The Vendor provides an “opt-out” function within all email communications of this nature, and/or will cease communications of this nature if you inform the Vendor that you would like to “opt-out”. If you choose to opt-out of commercial marketing, we will still maintain your Personal Information that is necessary to continue providing our Services to you.

    HIPAA: Please note that neither the Vendor nor the Services are regulated by the United States federal privacy, security, or breach notification rules of the Health Insurance Portability and Accountability Act (“ HIPAA”). Consequently, when using the Services you will not receive the protections of HIPAA in connection with your Personal Information.

    c. Log and usage data: we collect log data and usage information relating to your use of the Services. For example, we collect information about how you interact with the Services, such as when you log into your Account and what functions you use in the Services. We also collect information about the devices used to access the Services, such the device type, IP address, and geolocation. This data is collected to better your experience and for us to improve our service offerings to you.

    d. The software uses cookies relating to the Services which use tracking tools, pixel tags, cookies and log files for the purposes of tracking which page variants you have seen, to track if you have clicked on a page variant, to monitor traffic patterns, to gauge popularity of service options and to gather information used to deliver relevant content and services to you.

    e. The Vendor may on occasion, in specific circumstances, ask for consent when the Vendor intends to collect or use your Personal Information, and will disclose the purpose of that request.

  3. 2. Shared Data
  4. We do not sell your Personal Information. We take steps designed to ensure that only those employees who need access to your Personal Information to fulfil their employment duties will have access to it. The Vendor may share the information with third parties as described below. When we disclose your Personal Information to third parties, we take reasonable and appropriate steps through written agreement with these third parties that the rules set forth in this Privacy Policy are complied with and these third parties provide sufficient guarantees to implement appropriate technical and organizational measures. The data, if disclosed is used:

    a. to create and manage your Account, Services, and to verify access rights to these. For the purposes of billing your Account and facilitating payments between you and other users of the Services as contemplated by the features and functionality of the Services, the Vendor may disclose your Personal Information with its Payment Processing Services Provider (as defined in the Terms of Service), banks or other third-parties in order to process payments;

    b. as necessary to provide you with access to and use of added services, features and functionality of the Vendor’s partner organizations and third party service providers, as incorporated into and/or linked to the Services, which may include your financial information for invoicing, and processing payments;

    c. to improve the quality of the Services, including without limitation, through polls, surveys and other similar feedback gathering activities conducted by the Vendor or any third-party;

    d. to assess service levels, monitor traffic patterns and gauge popularity of different features, functionalities and service options of, or related to, the Services;

    e. to communicate with you, including without limitation for the purpose of providing you with notifications, content, marketing materials, commercial electronic messages, and information about your Account and/or the Services;

    f. for technical support, maintenance and monitoring relating to the Services, including without limitation error reporting, monitoring and analysis;

    g. to install software relating to the Services, on one or more of your electronic devices;

    h. to protect against fraud or error, and to respond to claims of any violation of the Vendor’s rights or those of any third-party;

    i. to protect the rights, property or personal safety of yourself, the Vendor, the Vendor’s agents, the Vendor’s users and the public;

    j. to enforce this Privacy Policy, or any other agreement entered into between yourself and the Vendor;

    k. as required to comply with any applicable laws, or as authorized by any applicable laws; and

    l. for other purposes set out in this Privacy Policy, and for any other purpose the Vendor may disclose to you from time to time.

  5. 3. Retention of your Personal Information
  6. Your Personal Information will be retained for as long as may be necessary or relevant for the identified purpose of collection, or as may be required or permitted by law, such as what would be proportionate and reasonably necessary to help security and integrity of our systems, after which time we will no longer retain such information in a form capable of identifying an individual or legal entity.

  7. 4. Children's Privacy
  8. The Services are not directed to children under the age of 13, and we do not knowingly collect Personal Information from children under the age of 13 without obtaining parental consent. If you are under 13 years of age, you are not permitted to use or access the Service at any time or in any manner, without first obtaining parental consent. If we learn that Personal Information has been collected on the Services from persons under 13 years of age and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 13 years of age has provided Personal Information, then you may alert us as set forth in the "Contact The Vendor" section and request that we delete that child's Personal Information from our systems. We may request additional information in order to verify identity of you and/or the child and then the Personal Information of the child will be deleted.

  9. 5. Rights to Your Information, Correction, and Deletion

    As a current user of our Services, you have access to your own Personal Information through your account settings which you may update and correct at any time.

    You may also access the Personal Information that we hold, used or communicated on written request at ondemandsupport@goldsgymsocal.com . Subject to verification of identity, you may request that any necessary corrections to your Personal Information be made, where applicable, as authorized or required by law. If you are no longer a current user of our services, you may also request deletion of all your Personal Information, subject to any Personal Information that we are required to maintain for any lawful purposes, such as for investigation of fraud or data breach.

  10. 6. Anonymized Data
  11. The Vendor collects, combines, manipulates and uses your Personal Information to create generalized, anonymous information, stripped of data capable of identifying an individual or legal entity (the “ Anonymized Data”), and uses, discloses and commercializes such Anonymized Data as the Vendor deems fit. Your identity and Personal Information will be made and kept anonymous in the Anonymized Data such that we have no ability to attempt to reverse the anonymization and identify you or connect you to the Anonymized Data.

  12. 7. Change of Ownership or Business Transition
  13. In the event of a change of ownership or other business transition, such as a merger, acquisition or sale of the Vendor’s assets, your Personal Information may be transferred in accordance with applicable privacy laws.

  14. 8. Security
  15. a. The Vendor will strive to prevent unauthorized access to your Personal Information and will periodically enhance its security aimed at ensuring that your Personal Information is kept safe from unauthorized access, use and disclosure.

    b. While the Vendor has technology and procedures to guard your Personal Information against unauthorized access, use or disclosure, there is no guarantee that such technology or procedures can or will eliminate the risks of unauthorized access, use, disclosure, theft, loss or misuse.

    c. The Vendor strongly recommends that you do not disclose your Access ID to anyone. If you forget your password, the Vendor will ask you for the username associated with your Access ID and will send an email containing your password to the email address associated with your Access ID.

    d. Ultimately, you control what Personal Information you provide while using the Services, and that you are responsible for maintaining the secrecy of your Personal Information and Access ID. The Vendor is not responsible for, and does not control, the use by others of any information which you provide to them and you should use caution in selecting the Personal Information you provide to others through the Services.

    e. If we learn of a security systems breach, we will inform you and the authorities of the occurrence of the breach in accordance with applicable laws.

  16. 9. Governance
  17. a. This Privacy Policy will be governed by the laws of the State of California and the laws of the United States applicable therein, excluding any conflict of rules that would apply to another body of law. You hereby agree to submit to the exclusive jurisdiction of the state and federal courts in Los Angeles County, California with respect to any claim, proceeding or action relating to or otherwise arising out of this Privacy Policy or your access to or use of the Services, howsoever arising, provided we may seek and obtain injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.

    b. This Privacy Policy together with any other agreement which specifically references this Privacy Policy constitutes and contains the entire agreement between you and the Vendor with respect to its subject matter and supersedes any prior oral or written agreements.

  18. 10. California Residents
  19. In addition to the terms already indicated in this policy, we do not engage in any form of discrimination and will not retaliate for any user exercising any of their rights in this policy or under the California Consumer Protection Act (“CCPA”). You have the right to request what categories of Personal Information we have collected, the purposes of that collection or how the Personal Information is used, the categories of sources the Personal Information was collected from, and what third parties we have shared your Personal Information with. You may request this information up to twice in any 12 month period, for the previous 12 months from your request. Should you have any requests regarding any exercise of your rights under the CCPA, you may contact us at

    ondemandsupport@goldsgymsocal.com

    Upon verification of your identity, we will respond within 45 calendar days to your request or notify you that an additional 45 days will be needed to respond.

  20. 11. Contact the Vendor
  21. If you have any questions or comments about the Vendor’s Privacy Policy or your Personal Information, to make an access or correction request, to exercise any applicable rights, to make a complaint, or to obtain information about their policies and practices with respect to any service providers inside and outside the United States, the Vendor’s most current privacy policy is available at http://www.intelivideo.com/privacy.aspx , or the Privacy Officer can be reached by email using the following contact information: privacy@intelivideo.com