STATE PRIVACY RIGHTS
California Privacy Rights
The California Consumer Privacy Act or “CCPA,” provides you rights with regard to the personal information we collect.
Right to Know. You have the right to request, at no charge, that we disclose to you how we have handled your personal information in the prior12 months, including categories describing the personal information collected about you, the sources from which we collected your personal information, the services providers and third parties with whom we have shared your personal information, and the business purposes for collecting and disclosing your personal information. Please see the charts below for more specifics.
Right to Delete. You have the right to request the deletion of your personal information we have collected from you.
Right to Portability. You have the right to request the specific pieces of personal information we obtained from you in a format that is easily understandable, and to the extent technically feasible, in a structured commonly used, machine-readable format.
Right to Opt-out of the Sale or Sharing of your personal information. You have the right to opt out of the sale or sharing of your personal information.
Right to Limit Use of Sensitive personal information. You have the right to request that we limit the use or disclosure of your sensitive personal information to only that use that is necessary to perform the services or provide the goods requested you requested.
Right to Nondiscrimination. We will not deny, charge different prices for, or provide a different level of quality of goods or services if you choose to exercise these rights.
These rights may be subject to certain conditions and limitations under the law.
Exercising Your Privacy Rights. If you have a privacy-related request or inquiry for FitnessOnDemand and/or one of the independently owned and operated FitnessOnDemand franchises, you may send an email to [email protected] (please put “Attn: Privacy” in the subject line) or call toll-free: 888-866-7627. California residents may also designate an authorized agent to exercise their rights.
When we receive a request, we will seek to verify your identity, first by validating the information provided against our records. When you submit your request, we may seek additional information from you, such as your relationship to FitnessOnDemand, its affiliates or subsidiaries or a specific franchise.
We will typically email to verify your request. If you request disclosure of specific pieces of personal information, however, we may call you. We may also ask you to provide a signed declaration, under penalty of perjury, that you are requesting your own personal information.
We will not disclose certain sensitive information in response to a request, including your social security number, driver’s license number or other government-issued identification number, financial account number, your health insurance or medical identification number, your account password, security questions and answers, or unique biometric data generated from measurements or technical analysis of human characteristics. We will, however, inform you if we have collected such information and identify the type of information with sufficient particularity.
If an authorized agent is submitting on your behalf, we will require submission of information indicated on the request form, which includes either: 1) a written authorization, signed by you, that authorizes that agent to make the specific request on your behalf; or 2) a valid power of attorney.
We will respond to your request within 45 days, unless we notify you of a 45-day extension, or other period as required or permitted by regulation.
Personal Information Under CCPA
The chart below describes the categories of personal information we collect, and have collected in the past 12 months:
Categories of Personal Information We Collect | Sources of Collection | To Whom We May Disclose Personal Information for the Purposes |
A. Identifiers – this may include real name, alias, postal address, unique personal identifier, online identifier, email address, account name, phone number, month/day of birth, driver’s license number, or other similar identifiers. | Directly from you when you visit our Website, use our Services, or contact us. |
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B. Financial information – such as bank account number, credit or debit card number, or other financial information. | None |
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C. Commercial information – this may include information about products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | Directly from you when you use our Website or contact us. |
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D. Internet or other electronic network activity information – this may include browsing history, search history, information regarding an individual’s interaction with an internet website, application, or advertisement, and device and log information, as mentioned in the “Information We Collect” section. | By observing your actions on the Website or Services. |
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E. Audio, electronic, visual, thermal, olfactory, or similar information | Directly from you when you visit our Website. |
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F. Inferences drawn from any of the information listed above – this may include personal interests | By observing your actions on our Website. |
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G. Health Information – this may include disability information or vaccination status | Directly from you when you apply for a job with us. |
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H. Professional or Employment Information – including current employer and job title, or any businesses you own or brands you manage. | Directly from you or from third party platforms (such as LinkedIn) when you apply for a job with us. |
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I. Education Information – such as education history or level of education | Directly from you or from third party platforms (such as LinkedIn) when you apply for a job with us. |
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J. Content of Communications – such as emails, texts, or phone calls | Directly from you when you contact us. |
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K. Sensitive Personal Information – such as social security number, precise geolocation information, and content from your mobile device, and account log-in information | Directly from you or through third parties when you apply for a job with us. |
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L. Biometric Information – such as physiological, biological or behavioral characteristics used to identify you. | Directly from you when you share it with us. |
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California Civil Code § 1798.83 permits users that are California residents to request certain information regarding the disclosure of their personal information to third parties for their direct marketing purposes. FitnessOnDemand does not disclose personal information to third parties for marketing purposes.
Washington Consumer Health Privacy Rights
The Washington Consumer Health Data Privacy Policy (“Policy”) applies to “Consumer Health Data” as defined by the Washington My Health My Data Act (“MHMD”). To the extent that we collect such data from you, this section governs and in the event of a conflict between any other policy, statement, or notice and this Policy, this Policy will prevail as to Consumer Health Data Collected under MHMD.
Consumer Health Data under MHMD means personal information that is linked or reasonably linkable to a consumer and that identifies the consumer's past, present, or future physical or mental health status. This Policy does not apply where an exception or exemption applies such as for Protected Health Information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
Consumer Health Data We Collect
The Consumer Health Data we collect depends on the context of your interactions with FitnessOnDemand, the choices you make, the tools and features you use, your location, and applicable law. The following are examples of Consumer Health Data (if not excluded from MHMD as PHI or otherwise):
- Information about your health-related conditions, symptoms, status, diagnoses, testing, or treatments (including surgeries, procedures, medications, or other interventions);
- Measurements of bodily functions, vital signs, or characteristics, including genetic data and biometric information;
- Use or purchase of prescribed medication;
- Precise location information that could reasonably indicate your attempt to acquire or receive health services or supplies;
- Internet or Network Activity Information essential to running our website such as Internet Protocol (IP) address, Media Access Control (MAC) address, operating system and version, and Internet browser type and version which could identify your attempt to seek health care services or information, including services that allow you to assess, measure, improve, or learn about your or another person’s health; and
- Other information that may be used to infer or derive data related to the above or other health information.
As mentioned above, some categories of personal information are specifically excluded from MHMD if we collect it for medical care, research, and other FitnessOnDemand operations. Examples of MHMD-excluded data we may collect include:
- Personal data defined as Protected Health Information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”);
- Health care information collected, used, or disclosed in medical records (chapter 70.02 RCW);
- Substance Use Disorder Patient Records (42 C.F.R. Part 2);
- Personal data used or shared in research (45 C.F.R. Part 46 and 21 C.F.R. Parts 50 and 56)
- Information and documents created specifically for and collected and maintained for FitnessOnDemand Quality Improvement;
- Information that is de-identified as defined in HIPAA and information derived from such de-identified data; and
- Information used only for public health activities and purposes and Limited Data Sets as described in HIPAA.
Sources of Consumer Health Data
FitnessOnDemand does not collect your Consumer Health Data unless you voluntarily provide it to us. We may collect personal information, including Consumer Health Data, from the following categories of sources:
- Directly from you when you use our Services or Platforms, attend FitnessOnDemand programs or events, engage with customer service, and any other way that you may be able to interact with us. With your permission, we may also collect Consumer Health Data from another source provided by you, like your connected device or profile.
- From third-party sources including FitnessOnDemand affiliates and franchisees, contracted service providers, and business associates as defined under HIPAA. We may engage third-party service providers to provide certain interactive features. By using these features, you understand that our vendors may process the information obtained through the feature to provide the Services on our behalf.
- From websites and mobile applications and automatically from devices you use to connect to our Services. For more information about this, please see our Privacy Policy and Terms of Service.
- We could collect information that includes Consumer Health Data if you voluntarily provided it in an open text field not related to medical care or research, such as the “leave a comment” box on our website or on a form.
Use of Your Consumer Health Data
FitnessOnDemand is specifically excluded from MHMD. Those other uses of personal data collected by FitnessOnDemand are described where those data are collected, including in our Privacy Policy and Terms of Service and other privacy notices and terms that provide disclosures about Personal Information.
To the extent we collect Consumer Health Data, we may use it for the following purposes:
- Delivering the Services and their features;
- Ensuring reliable operation of the Services and Platforms, including troubleshooting and improvements;
- Performing essential business operations to support our Services such as analyzing our performance, meeting our legal obligations, developing our workforce, and conducting research and development; and
- Other purposes for which we give you choices or obtain your consent as required by law.
FitnessOnDemand does not use any Consumer Health Data that may be voluntarily provided through an open text field not related to medical care, research or the Services without your express consent.
Sharing Consumer Health Data With Third Parties
FitnessOnDemand will only share your Consumer Health Data with employees and trusted partners and only for provision of the Services to you. All such third parties are prohibited from using your Consumer Health Data except to provide these services to FitnessOnDemand and they are required to maintain the confidentiality of your Consumer Health Data.
As necessary for the purposes described above, we may share personal information, including Consumer Health Data, with the following categories of third parties:
- Affiliates. We enable access to data across our subsidiaries, affiliates, and related companies, for example, where we share common data systems or where access helps us to provide our services and operate our business.
- Service Providers. Vendors or agents (“processors”) working on our behalf may access Consumer Health Data for the purposes described above.
- Business Partners. We may share Consumer Health Data with other companies, for example, where you use a service that is co-branded and jointly operated with another company, or where you use our Services to interact with another company.
- Government Agencies. We disclose data to law enforcement or other government agencies when we believe doing so is necessary to comply with applicable law or respond to valid legal process.
- Other Third Parties. In certain circumstances, it may be necessary to provide data to other third parties, for example, to comply with the law or to protect our rights or those of our customers.
- Other Users and Individuals. If you use our Services to interact with other users of the Services or other recipients of communications, we may share data, including Consumer Health Data, as directed by you and your interactions.
How to Exercise Your Rights
MHMD provides certain rights with respect to Consumer Health Data, including the right to access, delete, or withdraw consent relating to your consumer health data, subject to certain exceptions. You may exercise any of your rights by contacting us directly using the contact details found in this Policy. The written request should include sufficient information to verify your identity and specify the right you wish to exercise. For any questions or assistance, you may also reach out using the contact information below.
If your request to exercise a right under the MHMD is denied, you may appeal that decision by contacting our legal team. If your appeal is unsuccessful, you can raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.
Changes to This Policy
FitnessOnDemand reserves the right to change this Policy from time to time. For example, when there are changes in our services, changes in our data protection practices, or changes in the law. When changes to this Policy are significant, we will inform you through this policy page.
Contact Us
All notices or requests should be written and given by email and (i) personal service (which, for the purposes of this Policy, shall include courier/overnight delivery) or (ii) by certified mail to:
Lift Brands, Inc.
Attn: Privacy
2411 Galpin Court, Ste. #110
Chanhassen, MN 55317
Other State Privacy Rights
Some other states, including Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Minnesota, Montana, Oregon, Tennessee, Texas, Utah, and Virginia, provide (now or in the future) their residents with rights to:
- Confirm whether we process their personal information.
- Access and delete certain personal information.
- Correct inaccuracies in their personal information, taking into account the information's nature processing purpose (excluding Iowa and Utah).
- Data portability.
- Opt-out of personal data processing for:
- targeted advertising (excluding Iowa);
- sales; or
- profiling in furtherance of decisions that produce legal or similarly significant effects (excluding Iowa and Utah).
- Limit (opt-out of) or require consent to process sensitive personal data.
The exact scope of these rights may vary by state. To exercise any of these rights, or to appeal a decision regarding a consumer rights request please contact us at [email protected].
