The Fit Club Network’s Privacy Policy

(LAST UPDATED—APRIL 11, 2018)

The Fit Club Network cares about your privacy. For this reason, we collect and use personal data only as it might be needed for us to deliver to you our products, services, websites and/or mobile applications. 

Our Privacy Policy is intended to describe to you how and what data we collect, and how and why we use your personal data. It also describes options we provide for you to access, update or otherwise take control of your personal data that we process.  

If at any time you have questions about our practices or any of your rights described below, you may reach us at info@thefitclubnetwork.com.  

We comply with the European/U.S. Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of Personal Data from European Economic Area (“EEA”) member countries.

1. WHO WE ARE

1.1 THE FIT CLUB NETWORK

Welcome to the Fit Club Network! We are a health and fitness company doing business under the California corporation known as Ward5000 Enterprises Inc. and affiliated with the Beachbody organization as Independent Contractors. We are a company dedicated to helping others live healthier lives and, if they so choose, to become Beachbody coaches.

The Fit Club Network’s offerings, services and products are available online through:

  1. the Team Beachbody website
  2. the Fit Club Network website
  3. on various private Facebook pages/groups (including, but not limited to, Coach Monica’s Fix FamilyThe Insane WardFit Club Network Coaches Group, and FCN Leadership Group).

They include, without limitation, fitness program packages, nutrition education and plans, digital streaming subscriptions, nutritional supplements, exercise equipment, contests, personal mentorship and coaching coach training and support services, and are collectively referred to as our “Services”.

1.2 WHO IS WHO

When this Privacy Policy uses the term “Customer,” we mean those who use the Services, both coaches and non-coaches. Customers and and other third parties using our Services are all referred to in this Privacy Policy collectively as “Users”, “you” or “your”.

The Fit Club Network is a DBA of Ward5000 Enterprises Inc., a California corporation with its principal place of business at 420 C Avenue, Coronado, CA  92118 (“Fit Club Network,” “us,” “we” or “our”). If you are resident in the EEA or Switzerland, Ward5000 Enterprises Inc. is the responsible party with respect to Personal Data collected through the Services.

If you have any questions or concerns at any time, please do not hesitate to contact us at the address above or by contacting us at info@thefitclubnetwork.com.

2. OUR PRIVACY STATEMENT

2.1 APPLICATION

This Privacy Policy sets forth our policy with respect to information that can be associated with or which relates to a person and/or could be used to identify a person (“Personal Data”) that is collected from Users on or through the Services. We take the privacy of your Personal Data seriously. Because of that, we have created this Privacy Policy. Please read this Privacy Policy as it includes important information regarding your Personal Data and other information.

Note that “Non-Personal Data,” as used in this Privacy Policy, is any information that does not relate to a person and/or cannot be used to identify a person. When you interact with the Services, we may collect Non-Personal Data. The limitations and requirements in this Privacy Policy on our collection, use, disclosure, transfer and storage/retention of Personal Data do not apply to Non-Personal Data.

3. PERSONAL DATA THAT WE COLLECT

We collect information so that we can provide the best possible experience when you utilize our Services. Much of what you likely consider personal data is collected directly from you when you:

(1) Request assistance from us;

(2) Complete contact forms or request newsletters or other information from us; or

(3) Participate in contests and/or surveys or otherwise participate in activities we promote that might require information about you.   

The Personal Data we may collect includes, without limitation:

  • Your name
  • Your address
  • Your email address
  • Any other information that enables Users to be personally identified. 

Note: If you create an account on the Team Beachbody website, this data is outside of our jurisdiction and control as it is totally within the jurisdiction of Beachbody. We are authorized distributors of Beachbody products. We do not control or protect any Personal Data that Beachbody may collect or maintain.

We also collect additional information when delivering our Services to you to ensure necessary and/or optimal service. These methods of collection may not be as obvious to you, so we wanted to highlight and explain below a bit more about what these might be (as they vary from time to time) and how they work:

Cookies and similar technologies on our websites and our mobile applications allow us to track your browsing behavior, links clicked, items purchased, your device type and to collect various data, including analytics, about how you use and interact with our Services. This allows us to provide you with more relevant product offerings, a better experience on our site and/or mobile applications, and to collect, analyze and improve the performance of our Services. We may also collect your location (IP address) so that we can personalize our Services.

Data about usage of Services is automatically collected when you use and interact with our Services, including metadata, log files, cookie/device IDs and location information. This information includes specific data about your interactions with the features, content and links (including those of third-parties, such as social media plugins) contained within the Services, Internet Protocol (IP) address, browser type and settings, the date and time the Services were used, information about browser configuration and plugins, language preferences and cookie data, information about devices accessing the Services, including type of device, what operating system is used, device settings, application IDs, unique device identifiers and error data, and some of this data collected might be capable of and be used to approximate your location. 

If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

4. HOW WE USE YOUR PERSONAL DATA

We strongly believe in both minimizing the data we collect and limiting its use and purpose to only that (1) for which we have been given permission, (2) as necessary to deliver the Services you purchase or interact with, or (3) as we might be required or permitted for legal compliance or other lawful purposes. These uses include:

4.1 COMMUNICATING WITH YOU

We may contact you directly or through Beachbody regarding products or services you have signed up or purchased from us, such as necessary to deliver transactional or service related communications. We may also contact you with offers for additional services we think you’ll find valuable if you give us consent, or where allowed based upon legitimate interests. You don’t need to provide consent as a condition to purchase our goods or services. These contacts may include:

  • Email
  • Text (SMS) messages
  • Telephone calls

You may also update your subscription preferences with respect to receiving communications from us and/or Beachbody by signing into your account and visiting your account settings. 

4.2 INTERNAL BUSINESS PURPOSES

We may use your Personal Data for internal business purposes, including without limitation, to help us improve the content and functionality of the Services, to better understand our Users, to improve the Services, to create targeted offers, such as Facebook Ads, to protect against, identify or address wrongdoing, to provide you with customer service, and to generally manage the Services and our business.

4.3 SHARING WITH TRUSTED THIRD PARTIES

We may share your personal data with our corporate Beachbody family to allow you to integrate their services into our own Services. We only share your personal data as necessary for Beachbody to provide the services as requested or as needed on our behalf. Beachbody (and any subcontractors) is subject to strict data processing terms and conditions and is prohibited from utilizing, sharing or retaining your personal data for any other purpose than as they have been specifically contracted for (or without your consent).

4.4 FIT CLUB NETWORK MARKETING COMMUNICATIONS

Where it is in accordance with your marketing preferences, we may use your Personal Data to contact you in the future for our marketing and advertising purposes, including without limitation, to inform you about services or events we believe might be of interest to you, to develop promotional or marketing materials and provide those materials to you, and to display content and advertising regarding Services that we believe might be of interest to you. See “Opt Out from Electronic Communications” below on how to opt out of Fit Club Network marketing communications.

4.5 OTHER PURPOSES

If we intend to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time the Personal Data is collected or we will obtain your consent subsequent to such collection but prior to such use.

5. HOW WE DISCLOSE AND TRANSFER YOUR PERSONAL DATA

5.1 NO SALE

We are not in the business of selling any Personal Data as we consider this information to be a vital part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third party advertisers.

5.2 BEACHBODY

There may be instances when we share your Personal Data with our affiliate company, Beachbody, for purposes consistent with this Privacy Policy. As previously mentioned, Beachbody is bound to maintain that Personal Data in accordance with there own Privacy Policy.

5.3 AGENTS, CONSULTANTS AND SERVICE PROVIDERS

We may share your Personal Data with our contractors and service providers who process Personal Data on behalf of the Fit Club Network to perform certain business-related functions. These companies include our marketing agency, backup service provider, email service provider and others. When we engage another company to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions.

6. HOW WE STORE YOUR PERSONAL DATA

We may store Personal Data itself or such information may be stored by third parties to whom we have transferred it in accordance with this Privacy Policy. We take what we believe to be reasonable steps to protect the Personal Data collected via the Services from loss, misuse, unauthorized use, access, inadvertent disclosure, alteration and destruction. However, no network, server, database or Internet or e-mail transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us electronically. Please keep this in mind when disclosing any Personal Data.

7. HOW YOU CAN ACCESS, UPDATE, CORRECT OR DELETE YOUR PERSONAL DATA

You can ask us to correct, update or delete any Personal Data that we may have of yours. We will consider and respond to all requests in accordance with applicable law.

Personal Data obtained by us through any email address based opt in offer, is maintained by a third party email service provider. Should you request that we correct, update or delete your Personal Data held on their servers, we agree to use our best efforts to notify the email service provider and direct them to correct, update or delete your Personal Data.

8. HOW LONG WE RETAIN YOUR PERSONAL DATA

We do not retain any Personal Data within any Fit Club Network website database. Personal Data will only reside on the personal computers of the Fit Club Network owners, email marketing service, or Team Beachbody. You may request that we remove, or assist you in removing, your Personal Data from any or all of these locations by contacting us. Even if we delete your Personal Data, it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes.

9. COOKIES, PIXELS TAGS, LOCAL SHARED OBJECTS, WEB STORAGE AND SIMILAR TECHNOLOGIES

9.1 COOKIES

Like almost every company, we and others use a technology commonly known as a “cookie”, which is a small data file our server places on your computer or mobile device to recognize your device and provide personalized features and advertisements. Cookies are widely used by website owners in order to make their websites work, or to work more efficiently, as well as to provide reporting information. Through cookies, we are able to collect information that we use to improve our websites and mobile applications, improve your overall experience on them, and personalize your experiences and advertisements. For example, through cookies, we can keep count of return visits to our website or our advertisers’ or partners’ websites, collect and report on aggregate statistical information, authenticate your login credentials, and manage multiple instances of our websites in a single browser. We may also collect other data through cookies, such as the page or website that referred you to us, the date and time you visited us, and your current IP address. The cookies we place on your hard drive are known as “first-party cookies” and any cookies placed by third parties are called “third party cookies.” Third party cookies enable third party features or functionality to be provided on or through the website (e.g., advertising, interactive content and analytics).  The parties that set these third party cookies can recognize your computer both when it visits the website in question and also when it visits certain other websites.

9.2 DISABLING COOKIES

Most major web browsers provide users with the option to accept or reject cookies. Opting out of the use of cookies to deliver targeted advertising relies on information in the unique cookies placed on your web browser by our partners, so if you delete cookies, use a different device, or change web browsers, you may need to opt out again.  Please note that if you use your browser settings to block all cookies you may not be able to access parts of our or others’ websites. The “Help” feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. Since cookies allow you to take advantage of some of our essential features, we recommend that you leave them turned on.

9.3 PIXEL TAGS

We also collect information through the use of “pixel tags” on our websites and in e-mail messages we may send to you that may be placed by us or third parties with whom we partner. “Pixels,” also known as “Web beacons,” are tiny graphic files or code snippets, not visible to the human eye, that can be included in HTML-encoded e-mail messages and web pages. When such a message is opened in an HTML-capable e-mail program, the recipient’s computer or device will communicate with our server to retrieve the pixel tag file, allowing us to record and store, along with the recipient’s e-mail address, the date and time the recipient viewed the e-mail message, the fact that the recipient’s e-mail client is capable of receiving HTML-encoded e-mail, and other standard logging information. The pixel tag may also see or read cookies. We may use pixel tags in order to measure and understand traffic better, improve site performance, track visitor behavior to improve user experience, and for tracking promotional and marketing campaign response, among others. You can disable the pixel tag feature by changing the settings on your e-mail client to prevent the automatic downloading of images, changing your browser settings to omit images, disabling Javascript, or there are commercial software packages available that can omit pixel tags and most advertisements.

9.4 BEHAVIORAL ADVERTISING ON THIRD PARTY WEBSITES

We also work with third parties that use tracking technologies on our websites and on other websites in order to provide and track tailored advertisements on our behalf and on behalf of other advertisers across the Internet. These third party partners may place or recognize a unique cookie on your hard drive. They may help us place first party cookies from our servers, or third party cookies from their own or other third party servers. We and our advertisers and third party advertising partners may use cookies in order to collect information about you, which may include how many times you have seen an ad or whether you have interacted with an ad. We and our partners may also use cookies to provide you with interest-based or behavioral advertising. The use of third-party cookies is not covered by this Privacy Policy as these third parties are subject to their own privacy policies. For more information about this practice and to understand your options for many of our advertising partners, please visit http://www.youradchoices.com (U.S.), http://www.youradchoices.ca (Canada) or the Network Advertising Initiative at www.networkadvertising.org. If you choose to opt-out of behavioral advertising using these cookies, you will still be served with advertisements on the Internet, but it may not be tailored to your interests. Most major web browsers provide users with the option to accept or reject third party cookies. Opting out relies on information in the unique cookies placed on your web browser by our partners, so if you delete cookies, use a different device, or change web browsers, you may need to opt out again.

10. YOUR CHOICES

You have several choices available when it comes to your Personal Data:

10.1 LIMIT THE PERSONAL DATA YOU PROVIDE

You can browse the Services without providing any Personal Data (other than Automatic Data to the extent it is considered Personal Data under applicable laws) or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services. For instance, in order to be a member of some of our online accountability groups, a Team Beachbody account with either Monica Peneku or David Ward assigned as your Coach is required.

10.2 OPT OUT FROM ELECTRONIC COMMUNICATIONS

(A) FIT CLUB NETWORK MARKETING COMMUNICATIONS

Where it is in accordance with your marketing preferences, the Fit Club Network may send you electronic communications marketing or advertising the Services themselves or events on the Services. You can also “opt out” of receiving these electronic communications by clicking on the “Unsubscribe” link at the bottom of any such electronic communication. In addition, you may also manage your email preferences at any time by emailing us at info@thefitclubnetwork.com.

(B) SOCIAL NOTIFICATIONS

If you are a fan or member of any of our online communities, including, but not limited to, Facebook pages or groups, or sign up for other social media integrations whose product features include social notifications, you will receive these social notifications. You can manage these social notifications by toggling your social settings to private or disconnecting such integration.

(C) RETENTION

It may take up to forty-eight (48) hours for us to process an unsubscribe request. Even after you opt out of all electronic communications, we will retain your Personal Data in accordance with this Privacy Policy, however, we will no longer use it to contact you. However, if Beachbody received your Personal Data in accordance with this Privacy Policy, they may still use that Personal Data to contact you in accordance with their own privacy policies.

10.3 DO NOT TRACK

We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Data.

11. EXCLUSIONS

11.1 PERSONAL DATA PROVIDED TO OTHERS

This Privacy Policy does not apply to any Personal Data that you provide to another User or visitor through the Services or through any other means.

11.2 THIRD PARTY LINKS

The Services may contain links to other websites not operated or controlled by us (the “Third Party Sites”), such as Team Beachbody. The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

12. CHILDREN’S ONLINE PRIVACY PROTECTION ACT

We do not knowingly collect Personal Data from children under the age of thirteen (13). If you are under the age of thirteen (13), please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data through the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through the Services, please contact us and we will endeavor to delete that information from our databases.

13. CALIFORNIA AND INTERNATIONAL PRIVACY LAWS

Notice to California Residents – Your California Privacy Rights (As Provided by California Civil Code section 1798.83). A California resident who has provided Personal Data, as defined under California Civil Code section 1798.83, to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “California Customer”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes.  In general, if the business has made such a disclosure of Personal Data, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom Personal Data was disclosed in the preceding calendar year, as well as a list of the categories of Personal Data that were disclosed. California Customers may request further information about our compliance with this law by e-mailing info@thefitclubnetwork.com.  Please note that we are required to respond to one request per California Customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

If you are visiting or using the Services from outside the United States, please be aware that you are sending information (including Personal Data) to the United States where our servers are located. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your Personal Data will at all times continue to be governed by this Privacy Policy.

For Personal Data we receive from the EEA, Ward5000 Enterprises, Inc. (DBA The Fit Club Network) fully intends to comply to the EU-US Privacy Shield as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from the European Union countries.

14. CHANGES TO THIS PRIVACY POLICY

The Services and our business may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. We reserve the right, in our sole discretion, to update or modify this Privacy Policy at any time (collectively, “Modifications”). Modifications to this Privacy Policy will be posted to the Site with a change to the “Updated” date at the top of this Privacy Policy. In certain circumstances the Fit Club Network may, but need not, provide you with additional notice of such Modifications, such as via email or with in-Service notifications. Modifications will be effective thirty (30) days following the “Updated” date or such other date as communicated in any other notice to you.

Please review this policy periodically and especially before you provide any Personal Data. This Privacy Policy was updated on the date indicated above. Your continued use of our Services following the effectiveness of any Modifications to this Privacy Policy constitutes acceptance of those Modifications. If any Modification to this Privacy Policy is not acceptable to you, you should cease accessing, browsing and otherwise using the Services.

15. DISPUTE RESOLUTION

If you have a complaint about the Fit Club Network’s privacy practices you should write to us at:

Ward5000 Enterprises, Inc., 420 C Avenue, Coronado, CA 92118, USA, or by email at info@thefitclubnetwork.com. We will take reasonable steps to work with you to attempt to resolve your complaint.

16. EEA, SWITZERLAND AND UK ONLY

16.1 THE EU GENERAL DATA PROTECTION REGULATION (GDPR)

In May 2018, a new data privacy law known as the EU General Data Protection Regulation (or the “GDPR”) becomes effective. The GDPR requires us to provide Users with more information about the processing of their Personal Data.

Here is what you need to know:

(A) LEGAL GROUNDS FOR PROCESSING YOUR PERSONAL DATA

The GDPR requires us to tell you about the legal ground we’re relying on to process any Personal Data about you. The legal grounds for us processing your Personal Data for the purposes set out in Section 4 above will typically be because:

  • you provided your consent; and
  • to provide you with customer service.
(B) TRANSFERS OF PERSONAL DATA

As our affiliate company, Beachbody, operates in Canada and the UK, we may need to transfer your Personal Data outside of the country from which it was originally provided. This may be intra-group or to third parties that we work with who may be located in jurisdictions outside the EEA, Switzerland and the UK, which have no data protection laws or laws that are less strict compared with those in Europe. Whenever we transfer Personal Data outside of the EEA, Switzerland or the UK, we take legally required steps to make sure that appropriate safeguards are in place to protect your Personal Data.

(C) PERSONAL DATA RETENTION

We retain your Personal Data for as long as necessary to provide you with our Services.

(D) YOUR RIGHTS

Data protection law provides you with rights in respect of Personal Data that we hold about you, including the right to request a copy of the Personal Data, request that we rectify, restrict or delete your Personal Data, object to profiling and unsubscribe from marketing communications.

As we do not maintain a Customer database on our website, it is not possible to log in and visit your account page. If you need assistance with your Team Beachbody account, please contact us at info@thefitclubnetwork.com. Please note that requests to exercise data protection rights will be assessed by us on a case-by-case basis. There may be circumstances where we are not legally required to comply with your request because of the laws in your jurisdiction or because of exemptions provided for in data protection legislation.

If you have a complaint about how we handle your Personal Data, please contact us at info@thefitclubnetwork.com to explain. If you are not happy with how we have attempted to resolve your complaint, you may contact the relevant data protection authority.

(E) THE FIT CLUB NETWORK AS A DATA CONTROLLER AND/OR A DATA PROCESSOR

EU data protection law makes a distinction between organizations that process Personal Data for their own purposes (known as “data controllers”) and organizations that process Personal Data on behalf of other organizations (known as “data processors”). If you have a question or complaint about how your Personal Data is handled, these should always be directed to the relevant data controller since they are the ones with primary responsibility for your Personal Data.

We may act as a data controller, but never a data processor, in respect of your Personal Data, depending on the circumstances.

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