CONSUMER HEALTH DATA PRIVACY POLICY

Effective Date: December 13th, 2024.

1. Introduction.

This Consumer Health Data Privacy Policy supplements eGym’s Privacy Policy and describes our practices regarding consumer health data subject to the Washington State My Health My Data Act (MHMDA), the Nevada Health Data Privacy Act (NHDPA), or other applicable state consumer health privacy law. By “consumer health data,” we mean personal information that identifies a consumer's past, present, or future physical or mental health status.

Please review our Privacy Policy for full details about our data practices. We reserve the right to revise this Consumer Health Data Privacy Policy in accordance with our Privacy Policy.

2. Collection.

Because consumer health data is defined broadly, some categories of personal information set out in our Privacy Policy could also be considered consumer health data. We collect the following categories of consumer health data:

• Information that identifies a consumer’s individual health conditions, treatment, diseases, or diagnosis;
• Information that identifies a consumer’s a social,psychological, behavioral, or medical intervention;
• Information that identifies a consumer’s health-related surgeries or procedures;
• *Information that identifies a consumer’s use, acquisition, or purchase of prescribed medication;
• *Information that identifies a consumer’s bodily functions, vital signs, symptoms, or related measurements;
• Information that identifies a consumer’s diagnoses or diagnostic testing, treatment, or medication;
• Information that identifies a consumer’s gender-affirming care;
• Information that identifies a consumer’s reproductive or sexual health;
• information that identifies a consumer and that is generated from the measurement or technological processing of the consumer’s physiological, biological, or behavioral characteristics (“biometric data”)
• *information that concern’s a consumer’s genetics (“genetic data”)
• *Precise location data that could reasonably indicate a consumer’s attempt to acquire or receive health services or supplies;
• *Information that identifies a consumer seeking health care services; and
• Information that we derive or extrapolate from non-consumer health data, and then associate with any information identified above.

3. Sources.

We collect consumer health data from the following categories of sources:

• You. We collect consumer health data you directly provide to us in connection with the Service.
• Device or Equipment. We automatically collect consumer health data when you interact with our Service through your browser or device or through our Equipment.
• Fitness Partners. We collect consumer health data provided by our Fitness Partners.
• Third Party Fitness Trackers. We collect consumer health data through third party fitness trackers, wearables, and devices you link with our Service. *Other Third Parties. We collect consumer health data from other third parties with your consent.

4. Purposes for Collection and Use.

Our purposes for collecting and using consumer health data include:

• Providing services. We collect and use consumer health data to the extent necessary to provide services that you have requested.
• Security and enforcement. We collect and use consumer health data to prevent, detect, investigate, and address fraud, breach of policies or terms, or threats or harm. -With your consent. We collect and use consumer health data for the following specified purposes:
  • To personalize your experience
  • To understand trends, usage, and activities
  • To improve our services
  • To link your third party fitness trackers, wearables, and devices
  • For other specified purposes with your consent

These disclosures only apply to consumer health data. We may collect and use deidentified data and other non-personal information for any purpose to the extent permitted by applicable law. For deidentified data, we commit to process such data only in a deidentified fashion and not attempt to reidentify such data.

5. Disclosure.

We disclose the categories of consumer health data set out in Section 1 in furtherance of the purposes set out in Section 4. The categories of persons to whom we disclose information include: * Service Providers. We disclose consumer health data to our agents, contractors, and other service providers that process the consumer health data on our behalf. * Affiliates. We disclose consumer health data to the following affiliates: EGYM AG (Munich, Germany), EGYM Wellpass Inc (USA) * Fitness partners. We disclose consumer health data to Fitness Partners in connection with our relationship with them. * Recipients in a merger or acquisition. We disclose consumer health data in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business. * To other users and the public. We disclose consumer health data if you choose to share it to other users or publicly in connection with your account. * Recipients for security and enforcement. We disclose consumer health data to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We also disclose information to protect the rights, property, life, health, security and safety of us, the Service or anyone else. * With your consent. We disclose consumer health data to other third parties with your consent.

Please note that service providers we work with may collect personal information through tracking technologies on our websites and online services as described in our Privacy Policy. We use industry standard measures to prevent these service providers from using any potential consumer health data for targeted advertising purposes.

These disclosures only apply to consumer health data. We may disclose deidentified data and other non-personal information for any purpose to the extent permitted by applicable law.

6. How to Exercise Your Rights.

If you are a resident of Washington or Nevada, you have the right to: * Confirm whether we are collecting, disclosing, or selling your consumer health data; * Access your consumer health data; * Receive a list of all the third parties and specific affiliates to whom we have sold or disclosed your consumer health data (including an active email address or online mechanism that you may use to contact these persons); * Delete your consumer health data; and * Withdraw any consent you have provided to us for the collecting, disclosing, or selling of your consumer health data.

You may have similar rights under other applicable state consumer health privacy law.

These rights are verifiable rights, meaning that we need to verify your identity before fulfilling them. To exercise any of these rights, submit a request through our form here (specifying therights you wish to exercise). If you have an account with us, we may require you to submit the request through your account. We will confirm receipt of and respond to your request consistent with applicable law. To verify your identity, we may require you to confirm receipt of an email sent to an email address that matches our records, provide us with details relating to your history with us, or provide additional information. If we cannot verify your identity, we may deny your request in accordance with applicable law.

Your rights are subject to exceptions and our retention practices. You have the right not to be discriminated against for exercising any of your rights. Please note that if you revoke consent, we may no longer be able to provide the Services to you and we may delete your account.

You have the right to appeal our decision in response to your request. To appeal, please write us at the email or postal address set out in the “Contact Us” section of our Privacy Policy and specify what you wish to appeal. We will review and respond to your appeal in accordance with applicable law. If we deny your appeal, you may submit a complaint to your Attorney General as follows: * For Washington residents: https://www.atg.wa.gov/ * For Nevada residents: https://ag.nv.gov/