Last update: January 2023
FS8 cares about its member’s privacy rights. We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.
FS8 is the data controller of the personal information we process which originates in various jurisdictions including the European Union (EU) and European Economic Area (EEA), the United Kingdom (UK) and is therefore responsible for ensuring that systems and processes we use are compliant with applicable data protection laws.
For additional information about your rights and choices under applicable law, please review the “Your Privacy Rights” section below.
We collect the following personal information, and may have collected such information in the past 36 months:
|Category||Specific Information Collected||Source and Purpose||Retention Period|
|Customer Identifiers||Name, email address, physical address, phone number, date of birth, gender, IP addresses.||Provided by individuals during registration for our Services or registration to our events. This information is used for the provision of the Services.
Date of birth and gender is collected to calculate caloric and diet statistics, integral specifically to the Challenge application and used in LionHeart to calculate maximum heart rate. This information is shared with local studios.
|Emergency Contact Identifiers||Name, phone number.||In case of health emergency in use of Services.
Collection of Emergency Contact information is not mandatory.
|Consumer protected information per Cal. Civ. Code § 1798.80(e)||Name, email address, physical address, phone number, date of birth, health information (heart rate), financial information.||Provided by individuals during registration for our Services. This information is used for the provisioning of the Services.
Personal information pertaining to franchisees, their employees, their members, and franchise applicants are provided directly by franchisees. are provided directly by franchisees. This information is used for the provision of franchise services.
|LionHeart device||Heart rate||Collected from LionHeart device. Used to display heart rate to members during classes.||3 years.
Data is then anonymized for analytic purposes.
|Photographic Images||Photographs or videos.||Collected as part of the Challenge application.
|Challenge photos are deleted after 30 days.|
We may use personal information we collect for any of the following purposes, in addition to the main purposes listed above:
The legal bases we rely upon to process your information in connection with the use cases described above are:
The technologies we use for automatic data collection on our website include cookies and web beacons. A cookie is a small text file placed on your device. A web beacon is a small electronic file (e.g., clear gifs, pixel tags and single-pixel gifs) with a unique identifier that is used to understand browsing activity. We use data collected through these technologies, which we may supplement with other information such as location, to help us improve our website and to deliver a better and more personalized service.
Linked Sites. Our website may include links to other websites or content that belong to third parties. We are not responsible for personal information that you voluntarily disclose to such third parties and we are not responsible for third party websites, content or services. You should review the privacy policies associated with those third parties.
Our services are not directed to or intended for use by children under the age of 16. We do not market products or services to children, and do not knowingly collect personal information from them. In accordance with applicable privacy laws and regulations, if we learn that we have received information directly from a child under age 16 (or such age as may apply in certain jurisdictions) without his or her parent’s or legal guardian’s consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use our services. Subsequently, we will delete such information. If you believe we might have any information from or about a child, please contact our Privacy Officer at [email protected]
Rights of Individuals located in the US. Residents of certain US states (including California, Virginia, Colorado, Connecticut, and Utah) may have or will have the right to: (1) know what personal information we collect, use, disclose, and sell; (2) request that we delete your personal information; (3) access and obtain a copy of your personal information that we collect; (4) request correction of inaccurate personal information; (5) opt out of targeted advertising; or (6) limit the use and disclosure of certain sensitive information. We will honor your request to the extent required by applicable law and will make a good faith effort to honor your request in all other cases. If you disagree with our response to your request, you may appeal the request by submitting supporting documentation to [email protected].
With respect to deletion requests, we cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
We may not discriminate against you for exercising any of your rights. This means that we may not deny you services or charge you different prices or rates for services or provide you with a different level or quality of services (or suggest that we will do so), in response to these requests. However, we may charge different prices or rates, or provide a different level or quality of services, where that difference is reasonably related to the value provided to us by your personal information.
You may request to exercise the foregoing rights by:
Rights for individuals located in the EU, EEA and UK and other jurisdictions which have adopted similar laws.
If you are located in the EU, EEA, the UK or in other jurisdictions which have adopted similar laws, you may have certain rights as an individual under privacy laws applicable in those jurisdictions. This includes if your relationship with FS8 is as a client or in any other capacity as an individual with whom we deal. It includes individuals within client organizations, or individuals in third-party organizations. For example, European data protection legislation provides individuals with the right to lodge a complaint with a supervisory authority.
Right of access. You may be entitled to ask us for a copy of any personal information which we hold. This right is known as a ‘Subject Access Request.’
We will normally send you a copy of the personal information within one month of your request. However, that period may be extended by two further months where necessary, taking into account the complexity of the request or the difficulty in accessing the personal information that you request. There is usually no charge; but in exceptional circumstances we may charge but will discuss this with you if those circumstances apply.
Right to rectification. If the personal information we hold about you is inaccurate, you may request rectification. The personal information will be checked, and, where appropriate, inaccuracies will be rectified.
Right to erasure. In certain circumstances, you may be entitled to ask us to erase your personal information.
Right to data portability. In certain circumstances, you may wish to move, copy, or transfer the electronic personal information that we hold about you to another organization.
Right to object. You may object to your personal information being used for direct marketing.
You may object to the continued use of your personal information in any circumstances where we rely upon consent as the legal basis for processing it.
Where we rely upon legitimate interests as the legal basis for processing your personal information, you may object to us continuing to process your personal information, but you must give us specific reasons for objecting. We will consider the reasons you provide, but if we consider that there are compelling legitimate grounds for us to continue to process your personal information, we may continue to do so. In that event, we will let you know the reasons for our decision.
Rights related to automated decision-making including profiling. We will not use your personal information in connection with any automated decision-making process. We use limited contact information to carry out certain business development profiling activities to support and grow our business. When doing so, we rely upon our legitimate interests as the lawful basis for processing your personal information and you may exercise the above rights if you do not wish us to process your personal information in this way.
To exercise the rights in relation to your personal information which are applicable to individuals in the EU, EEA and UK and other jurisdictions which have adopted similar laws, please fill out our privacy webform.
Please note that we may take steps to verify your identity before granting you access to information or acting on your request to exercise your rights, as required or permitted by law. We may limit our response to your exercise of the above rights as permitted by law.
We do not sell your personal information.
You may need to register for an account to use all or part of our services. When you do, you will be asked to select a password to help protect your information. These passwords help us verify your identity before granting access or making corrections to any of your personal information. You should never disclose your password to anyone and you should not use the same password for other websites. We will never ask you for your password in an unsolicited phone call or email. You are responsible for maintaining the secrecy of your passwords and account information.
3601 S Congress Ave Ste E Austin, TX, 78704-7250 United States
Please be sure to include your full name, address, telephone number and e-mail address so that we may reach you with a response.
If you believe that we have not been able to assist with your complaint or concern, you might have the right to contact your Supervisory Authority.
If you work in or reside in a State in the United States that have their own privacy regulations governing user data, please contact the appropriate authority.