This Privacy Policy explains the manner in which we may collect, use and disclose personal information which you provide to us while using the Racked Newport Beach website (the “Site”) or certain services of our Racked Newport Beach facilities (the “Services”). By visiting this Site or otherwise providing us with your personal information by using our Services, you agree to be bound by the terms of this policy. INFORMATION WE COLLECT FROM THE PEOPLE THAT VISIT OUR WEBSITE OR APP

We collect personal information that you provide to us or that is otherwise provided to us on your behalf. You may choose to provide certain personal information in order to access or use certain features or services of the Site or the Services, such as making a purchase, joining our facility, paying your membership fees, requesting information, providing us with information via text message or our mobile application, filling out an employment, entering a sweepstakes, logging into certain exercise equipment consoles, or otherwise contacting us. We may also collect personal information from other sources such as:

Social media platforms. If you use a social media platform login to access our Site, you will share certain personal information from your social media account with us, for example, your name, email address, photo, list of social media contacts, and any other information that may be or you make accessible to us when you connect your social media account to your services account. The specific information transferred depends on your security settings and the privacy policy of your social media network.Joint marketing partners, when they share information with us.Publicly available data bases

Categories of collected information include:

Identifying information (such as name, phone number, e-mail address, mailing address, photograph, contact information, and billing information)Protected classification characteristics under state or federal law (such as age and gender)Commercial information (such as products and services purchased from us and partners, as well as your consumer preferences)Biometric information (such as your physical characteristics or measurements)Workout and machine usage informationAccount information such as user-name, password, unique user ID, and communication preferencesCredit card or banking information

You can always choose not to provide certain information, but it may limit your ability to use a particular service or feature on the Site or the Services.

Racked Newport Beach also collects information that is sent to us automatically by your web browser. The information we receive depends upon your browser’s settings. This information typically includes your computer’s IP address, the address of the web page you were visiting when you accessed our Site, the name of the operating system installed on your computer, the name and version of the browser you are using and the date and time of your visit. We use this information primarily to create statistics that help us improve our Site and make it more compatible with the technology used by our visitors. We may link this information with your personal information as we deem necessary for our business purposes. If criminal activity is suspected, we might need to share certain information with the appropriate investigative authorities. Such information may contain visitors’ IP addresses and other information which could be used to trace and identify individuals.

So-called “cookies” and other similar technologies may be used on the Site and by third parties to collect information over time and across third party websites, to support the Site’s functionality and to improve user experience. You have the ability to set your browser to reject cookies. However, if you set your browser to reject cookies, it may affect or limit the use of certain features and functionality of this Site. We do not currently respond to “Do-Not-Track” signals or mechanisms.

HOW DO WE USE YOUR PERSONAL INFORMATION?

By providing your personal information to us, you are authorizing us to collect, use and disclose such information in the manner outlined in this policy.

We may use your personal information for legitimate business purposes, including:

To provide you with our Services, such as providing you access to your membership account and sending you administrative information relating to our terms and policies.To periodically send you newsletters, e-mails or similar communications featuring sales and promotions, news about new Racked Newport Beach products and services, requests for your feedback, or other information we think may be of interest to you, in accordance with local law.To respond to any customer service inquiries or requests.We may use workout and machine usage data collected through our Services to provide you with tailored products or service offerings, to conduct member usage and market analysis, and to compile aggregated data sets for use in our marketing and business objectives.To promote and administer corporate partnerships in connection with the Services.We may share your data with our partners so that they may provide you with tailored products or service offerings.For internal organizational, analytical, or development purposes, such as conducting data analysis to improve the efficiency of our Site or Services, enhancing or improving our current products, services, or offerings, developing new products, services, or offerings, identifying member trends, evaluating the effectiveness of our promotions and campaigns.For fraud, security, and safety purposes, such as detecting abusive or malicious behavior.Any other business purpose for which you provide consent.

You may stop receiving marketing communications from us at any time by:

Clicking Unsubscribe in any e-mail from us Emailing us at privacy@rackedstudio.com

HOW WE SHARE PERSONAL INFORMATION

Racked Newport Beach will only disclose, trade, rent, sell or otherwise transfer personally identifiable information for purposes set out herein, or as required or permitted by law. However, Racked Newport Beach may freely disclose, sell, or transfer collected information that does not contain any personally identifiable information, such as aggregated workout data or club visitation trend data or analysis derived therefrom, for any legitimate business or marketing purpose.

Below are categories of recipients with whom we may share your personal information:

Third Party Service Providers.

Racked Newport Beach may disclose your personal information to third party service providers or agents who provide services to or on behalf of Racked Newport Beach or its members such as, but not limited to, hosting, data management, analytics and storage services, sweepstakes providers, membership benefits providers and retention services.

Racked Newport Beach Affiliate Companies.

We may share personal information with parent companies, subsidiaries and affiliated entities of Racked Newport Beach, or other companies in connection with any merger, sale, corporate reorganization or similar business transaction involving Racked Newport Beach, its parents, subsidiaries, affiliates or one or more of its franchisees.

Law Enforcement Authorities.

We may disclose your personal information to law enforcement authorities when we are required or authorized by law to do so (for example, in response to a subpoena issued by a court).

Corporate Partners.

We may provide special offers for the Services in connection with certain partnerships with third parties. We may share your information with third parties in connection with promoting and administering these offers.

Third Party Marketing Partners.

We may also share your personal information with third parties to use for their marketing purposes, in accordance with local law, if we think the products or services they offer would be of interest to you.

SMS opt-in’s do not apply to the previous statement.

ACCESS TO YOUR PERSONAL INFORMATION

You have a right to challenge the accuracy and completeness of your personal information and to have it corrected, as appropriate. You may also have a right to request access to your personal information and receive an accounting of how that information has been used and disclosed, subject to certain exceptions prescribed by law. If your request for access is denied, we will notify you in writing of the reason for such denial. To request access or to amend your personal information, please visit Racked Newport Beach.

PROCESSING AND STORAGE

Your personal information may be processed and stored in the United States or another country. The governments, courts, law enforcement and regulatory agencies of that country in which your information is processed or stored may be able to demand disclosure of personal information pursuant to the laws of such country.

SECURITY

Security for all personal information is extremely important to us. We store your personal information securely and use encryption and/or other special procedures designed to protect the information we collect from loss, misuse, unauthorized access or disclosure, alteration or destruction. Unfortunately, no data transmission over the Internet can ever be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Racked Newport Beach cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.

THIRD PARTIES

We may share your personal information with third parties as set forth in this policy. We may also provide links to other websites that are not affiliated with us. We do not have control over such third parties’ use and handling of your personal information and we are not responsible for their privacy procedures.

USE OF THE SITE OR SERVICES BY MINORS

This is a commercial website intended for use by individuals that are at least 18 years old. If you are less than 18 years old, you may not use the Site or the Services without the prior permission and supervision of your legal guardians. Racked Newport Beach does not accept members under the age of 16 and does not knowingly collect information from anyone under the age of 16.

INTERNATIONAL VISITORS.

For visitors using the Site or the Services from outside the United Stated, any data you provide will be transferred to the United States for use by Racked Newport Beach and/or its affiliates for any of the purposes described in this Policy. By using the Site or the Services you hereby expressly consent to such transfer of information or data to the United States.

PRIVACY RIGHTS FOR CALIFORNIA RESIDENTS.

If you are a California resident, the California Consumer Privacy Act (CCPA) provides you with certain rights and options regarding your personal information.

Right to Know

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and verify a request from you or your authorized agent, we will disclose to you:

The categories of personal information we collected about you.

The categories of sources for the personal information we collected about you.

Our business purpose for collecting or selling that personal information.

The categories of third parties with whom we share that personal information.

The specific pieces of personal information we collected about you (also called a data portability request).

If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

sales, identifying the personal information categories that each category of recipient purchased; and

disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Right to Deletion

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and verify a request from you or your authorized agent, we will delete (and direct our service providers to delete) your personal information from our, and their records, unless an exception applies. If we determine that an exception applies, we will inform you of the reason for denying the deletion request.

Right to Opt-Out of the Sale of Personal Information

You have the right to opt-out of the sale of your personal information to third parties.

To exercise your rights described above, you may submit a verifiable consumer request to us by emailing us at

privacy@rackedstudio.com

. Verification of Requests

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

MINORS

Pursuant to CCPA, Racked Newport Beach does not share the information of minors under the age of 16.

Shine the Light Request

California Civil Code § 1798.83 permits residents of California to request from Racked Newport Beach a notice disclosing: (1) the categories of personal information we have shared with third parties, if any, for the third parties’ direct marketing purposes, during the preceding calendar year, and (2) the names and addresses of those third parties. To make such a request, please contact us at:

Racked Newport Beach Headquarters

Attn: Privacy Department

3002 Newport Blvd.

Newport Beach, California 92663

Email: privacy@rackedstudio.com

Right to Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.Provide you a different level or quality of goods or services.Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time. We do not currently provide financial incentives.

PRIVACY RIGHTS FOR NEVADA RESIDENTS.

If you are a Nevada resident, you have the right to opt-out of the sale of covered data, as defined under the Nevada Privacy of Information Collected on the Internet from Consumers Act. To submit an opt-out request, contact privacy@rackedstudio.com.

PRIVACY RIGHTS FOR EU RESIDENTS AND INDIVIDUALS LOCATED IN THE EU.

If you are a resident of the European Union or provide personal information through this website while located in the European Union, we offer you certain choices in connection with the personal information we collect from you on this Site or in connection with your use of the Services.

Users in the European Union may have the choice:

to be provided with a copy of your personal data held by us;to request the rectification or erasure of your personal data held by us;to request that we cease processing your data;to request that we restrict the processing of your personal data (while we verify or investigate your concerns with this information, for example);to request that your data be transferred to you or a third party.

We may use your data for marketing purposes or disclose your information to any third party for such purposes with your consent, that you may provide by checking certain boxes on the forms we use to collect your data. You may object to receiving further marketing at any time without detriment. We will inform you prior to collecting or using your personal information for any purpose not set forth in this Privacy Policy or previously consented to.

To update your preferences and consents, ask us to remove your information from our mailing lists or submit a request, please contact us at privacy@rackedstudio.com.

TERMS OF USE

Your use of the Site or the Services and any issues relating to this policy are subject to Racked Newport Beach’s then-current Terms of Use, which are located on our Site.

PRIVACY POLICY UPDATES

We reserve the right to update or modify this policy at any time and from time to time without prior notice by posting a revised version of the policy on the Site. If we make material changes to this policy, we will notify you by means of a conspicuous notice on our homepage or direct communication to you via email or your account. Your use of the Site or any Racked Newport Beach facility following any revision to the policy constitutes your agreement that all personal information collected from or about you after the revised policy is posted will be subject to the terms and conditions of the revised policy. The date listed above indicates the most recent change or update to this policy.

PRIVACY DEPARTMENT CONTACT INFORMATION

If you have any questions or concerns about our privacy practices, please feel free to contact our Privacy Department at:

Racked Newport Beach Headquarters

Attn: Privacy Department

3002 Newport Blvd.

Newport Beach, California 92663

Email: privacy@rackedstudio.com