Privacy Policy

Effective Date: January 2023

Many of the ways in which you interact with the Curves NA, Inc. and our subsidiaries (together “Curves”)’ websites (www.curves.com) (“Site”), the Curves mobile app, and the MyCurves On Demand (“MCOD”) mobile app (the “Apps”) allow us to learn about you. This Privacy Policy outlines our personal information management practices including what type of information we collect from you when you visit our Site or use our App (together our “Services”) and explains how Curves may use and disclose such information, as well as your ability to control certain uses of it.

INFORMATION COLLECTION

Curves collects information from you (“Personal Information”) in a number of different ways, including: when you give it to us, when we receive it from third parties, and when we collect it automatically.

Information You Provide

Curves collects information from you when you choose to share it with us as you:

• access our Services;
• establish a membership with us;
• create an account with us;
• request information from us;
• sign up for newsletters or our email list;
• post on our social media accounts (including but not limited to message boards and chat rooms);
• make a purchase or sign up for a subscription;
• or otherwise contact us.

For the most part, the categories of information we collect depend on how you use our Services. For example, we may collect the following when you:

• Join a Program or Request a Consultation: your name, email address and postal code.
• Become a Curves Member: in addition to the above, your physical address, photo/image, gender, date of birth, health information (such as your current weight/measurements and goal weight/measurements), and credit/debit card number or other financial information, including information about your purchases from us.
• Join MCOD: your name, email address and postal code.
• Become a MCOD Member: in addition to the above, your physical address, photo/image, gender, date of birth, health information (such as your current weight/measurements and goal weight/measurements), and credit/debit card number or other financial information, including information about your purchases from us.
• Become a Wellness Program Member: in addition to the above, your health plan information or fitness program information which can include health plan name, ID number, group number, fitness plan name and fitness plan ID.

In addition, we may also collect demographic and other data for market research, advertising and promotional purposes.

We display personal testimonials of satisfied customers on our Services in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at [email protected]. You may revoke the consent at any time as outlined in the consent agreement provided when we ask for your consent to post.

Public Forums & Reviews

Any information that you may disclose on our Services such as in blogs, on message boards, in chat rooms, or on other public areas on the Services, becomes public information. Please exercise caution when disclosing personal information in these public areas. If you terminate your account, we may continue to show some of your content in anonymized form.

Information We Receive From Third Parties

We may receive information about you from our third party franchisees in order to provide online membership services, under a requirement that your information is then subject to the terms of this policy while in our possession or control.

In the event of a complaint, we may also receive Personal Information about you from other parties or from other users or third parties who may communicate information to us about you in relation to that complaint.

Information Automatically Collected

We may collect some information automatically, including: cookies, web beacons, log files or other technologies. We use this information to learn about our Service users, to allow you to save your password, to deliver online advertisements that we think would be more relevant to your interests, to monitor interactions with our emails and online advertisements, and to link data collected across other computers or devices that you may use.

Some of this information may include: your browser type, operating system, Internet Protocol (“IP”) address, software version, and the domain name from which you accessed the Services. In addition, we may collect information about your browsing behavior, such as the date and time you visit the Services, the areas or pages of the Services that you visit, the amount of time you spend viewing or using the Services, the number of times you return to the Site, other click-stream or Service usage data, and emails or ads that you open, forward or click through to our Services.

You may have the option of choosing whether or not to share some of this Personal Information with us. For example, your browser may allow you to turn off cookie sharing. If you choose to turn off cookies, however, some portions of our Services will not work properly for you, or you will not be able to register or access certain sections of the Services.

Please note that our Services use Google Analytics, a service that transmits website traffic data to Google servers in the United States. Google Analytics does not identify the individual users or visitors, nor does it associate users’ or visitors’ IP addresses with any other data held by Google. We use Google Analytics reports to help us understand website traffic and webpage usage. If you wish to prevent your data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on available here.

We use a third-party service provider to serve ads on our behalf across the Internet and sometimes on these Services. They may collect anonymous information about your use of our Services, and your interaction with our products and services. They may also use information about your visits to this Site and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, which is industry standard technology used by most major websites. If you wish to not have this information used for the purpose of serving you interest-based ads, you may opt-out by clicking here. Please note this does not opt you out of being served ads. You will continue to receive generic ads. At this time due to technical limitations we do not respond to browser do not track signals.

Social Media and Sharing

Our Site includes social media features, such as the Facebook Like button, and widgets, such as the “Share This” button or interactive mini-programs, that run on our Site. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy policy of the company providing them.

Your Information Choices

You may update the information you provide us at any time through accessing your account on the Site or the Apps.

If you would like to stop receiving promotional or advertising messages from Curves, you can click here. You can also unsubscribe by clicking the “Unsubscribe” button at the bottom of any promotional email. Even if you unsubscribe, we will still send you other non-commercial emails, such as information about a purchase you make or changes we’ve made to our Privacy Policy or Terms of Use.

INFORMATION USE

Curves may use the information we collect from and about you for multiple purposes, including:

• To operate our Services;
• To enhance our Services, including research and development for new products and services;
• To sell and deliver customized Service content, targeted offers and advertising on the Services, on other sites or apps, or via email;
• To analyze our Service traffic and optimize how we lay out content on the Services;
• To fulfill orders, provide services, and communicate with customers;
• To post reviews of our Services;
• To contact you with information, newsletters, and promotional materials from Curves and otherwise contact you when necessary;
• To review the usage and operations of our Services;
• To address problems with the Services or our business;
• To promote the Services;
• To manage our telecommunications networks;
• To protect the security or integrity of the Services and our business;
• To use and disclose your credit/debit card information only to process payments and prevent fraud; and
• Any other use as described to you at the point of data collection.

We may combine the information you provide to us with information: (1) from and about you that we automatically collect when you use Services, (2) we collect when you visit a Curves Club, or (3) from other online and offline sources in an effort to provide you with a seamless experience, better serve your needs, and provide you with content and advertising that is more relevant to your interests.

Information Disclosure/Sharing

Curves may also disclose the personal information we collect from and about you as follows:

• To our third-party service providers (“Service Providers”), if the disclosure will enable them to perform a business, professional or technical support function for us (as described further below);
• As necessary if we believe that there has been a violation of the relevant Curves Terms of Use or of our rights or the rights of any third party;
• To respond to judicial process and provide information to law enforcement or regulatory agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law;
• To contracted third parties who provide educational content regarding fitness and health;
• In the context of a sale of our assets or business as described below; and
• As described to you at the point of collection.

Curves may also share aggregate, de-identified information with third parties for our business purposes.

Curves may sell or purchase assets during the normal course of our business. If another entity acquires us or any of our assets, Personal Information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through these Services in a manner that is consistent with this Privacy Policy.

Service Providers

Service Providers will have access to your information needed to perform their business functions, but may not use or share that information for other purposes. All companies with which we do business have agreed to be bound by the terms of this Privacy Policy and will not sell, rent, or otherwise transmit your personal information to third parties.

OTHER INFORMATION

How We Protect Your Personal Data

The security of your personal data is important to us. We follow generally accepted standards, to protect sensitive Personal Information, such as your credit card number, submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is one hundred percent secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Services, you can contact us at [email protected].

Non-Personally Identifiable Information

Any non-personally identifiable information, communications and material you send to this Site or to us by e-mail, or which we obtain from third parties without promises of confidentiality, may be kept, used and disclosed by us on a non-confidential basis. We are free to use and reproduce any such information freely, and for any purpose whatsoever. Specifically, we will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose, including developing, manufacturing or marketing products. You agree that any information you send to these Services is truthful, does not violate the rights of others, and is legal for us to possess and use.

Links to Other Websites

The Services may have links to third-party websites or applications, which may have privacy policies that differ from our own. We are not responsible for the practices of such sites or applications. Please note that if you provide any information on your own to third parties, different rules may apply to their use or disclosure of your personal information. We encourage you to investigate and ask questions before disclosing information to third parties.

Your California Privacy Rights

If you are a California resident, you have a right to request the following from companies conducting business in California:

• The categories of personal information we have collected about you.
• The categories of sources from which we have collected your personal information
• The business or commercial purpose for which we collected or, if applicable, sold your personal information
• The categories of third parties with whom we shared your personal information in the last 12 months.
• The specific pieces of personal information we have collected about you.
• The categories of personal information that we have shared with third parties about you for a business purposes.
• If applicable, the categories of personal information that we sold about you and the categories of third parties who received your personal information in the sale.
• a list of all third-parties to which the company has disclosed Personal Information, as defined under California Civil Code Section 1798.80(e), during the preceding year for third- party direct marketing purposes.

We will respond to one request per California resident per calendar year, according to California Civil Code Section 1798.83, and two requests according to Sections 1798.110 and 1798.115. You may request this information by sending an email to [email protected] or calling 1-800-848-1096. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. Please allow up to forty-five (45) days for a response.

You have the right to request that we delete your personal information. Once we receive your request, we will let you know what, if any, personal information we can delete from our records, and we will direct any service providers with whom we shared your personal information to also delete your personal information from their records. There may be circumstance where we cannot delete your personal information or direct service providers to delete your personal information from their records. For example, if we need to (1) retain your personal information to complete a transaction or provide a good or service; (2) detect security incidents; (3) protect against unlawful activities; (4) identify, debug, or repair errors; or (5) comply with a legal obligation.

Our Commitment to Children’s Privacy

Protecting children’s privacy is important to us. We do not direct the Services to, nor do we knowingly collect any personal information from, children under the age of thirteen. If we discover that a child under the age of 13 has submitted Personal Information without verifiable parental consent, we will delete that information. If you are the parent or legal guardian of a child under 13 years old and you believe we have received Personal Information from your child, please contact us at [email protected] to request deletion of that information.

Updates to This Policy

Curves reserves the right to revise this Privacy Policy at any time, and may apply any changes to Personal Information previously collected, as permitted by law. If we change the Privacy Policy in a material way, we will provide notice to you by posting the updated Privacy Policy on our Services and updating the effective date to reflect that changes have been made. Your continued use of our Services following any such change constitutes your agreement to follow and be bound by the terms as changed.

If You Have Questions

If you have questions about this Privacy Policy or the practices described herein, you may contact us at [email protected].