BURN BOOT CAMP ON DEMAND SERVICE PRIVACY POLICY

Last Updated: May 1, 2019

Kline Franchising Inc., d/b/a Burn Boot Camp (“Burn Boot Camp”) offers you the opportunity to subscribe to the Burn Boot Camp On-Demand Service (“Service”). This Burn Boot Camp On Demand Privacy Policy (“On-Demand Privacy Policy”) describes the information collected when you use the Service, how that information is collected, and how the information collected is used and shared.

This On-Demand Privacy Policy is incorporated into and made a part of our Burn Boot Camp On Demand Terms of Use (“Terms of Use”). Terms not defined in this Privacy Policy have the meaning ascribed to them in the Terms of Use.

IF YOU ARE A CALIFORNIA RESIDENT, PLEASE SEE SECTION 13 BELOW FOR ADDITIONAL TERMS THAT MAY APPLY TO YOU.

Your privacy is very important to us. If you have any questions or concerns about our use of your Personal Information or other information collected through the Burn Boot Camp On Demand Service, please contact us using the contact information provided at the end of this Privacy Policy.

Quick Links

  • 1) Revisions to this Privacy Policy.  Burn Boot Camp reserves the right to revise, amend, and modify this Privacy Policy at any time. All changes will be effective immediately upon posting. Material changes will be conspicuously posted at the top of this Policy or otherwise communicated to you.
  • 2) Categories of Personal Information We Collect

The Personal Information that we may collect from or about you broadly falls into the following categories:

  • Personal Information that you voluntarily provide to us, for example, your name, address, email address, phone, country, state, zip code, and billing information.
  • Personal Information that we automatically collect through your use of the Service, for example, data collected by the servers used to operate the Service (e.g., IP addresses), data collected by cookies and other tracking technologies, location information, and data collected by analytics and advertising services.
  • Personal Information collected from third-party sources.

We may collect the following categories of Personal Information, which is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer (“Personal Information”) when you access and use the Service:

  1. A. Identifiers: Identifiers such as you name, address, unique personal identifier, online identifier, internet protocol address (“IP Address”), email address, account name, or other similar identifiers.
  1. B. Customer Records: Your telephone number and your credit card numbers.
  1. C. Commercial Information: Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  1. D. Internet Activity. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
  1. E. Geolocation Data. Geolocation data.

This Policy does not apply to any data that is publicly available.

  • 3) Categories of Sources

We may collect all categories of Personal Information listed above from the following categories of sources:

SOURCE 1:  We Collect Personal Information Directly From You

Personal Information: We will collect any Personal Information from or about you that you choose to provide to us, including your name, physical address, email address, payment information, and telephone number. Personal Information must be provided, for example, when creating your Burn Boot Camp On Demand account; to purchase a Subscription; when you provide User-Generated Content (as discussed below); to sign up for our communications or newsletters,; when you fill out forms or questionnaires on the Service; and when responding to communications from us (e.g., surveys, promotional offers, or registration confirmations). We also receive Personal Information when you request information from us or contact us directly (e.g. phone, email, in person).

We will use your Personal Information as described below in this Privacy Policy, including to set up and administer your Burn Boot Camp On Demand account, to process your online orders, to process and communicate with you in connection with your requests, and to provide you with information and communications that you request or that we believe are relevant or may be of interest to you, subject in each case to applicable laws and the terms of this Privacy Policy.

When you voluntarily register with us, you agree to provide information such as your name, email address and gender. Once you register, you are not anonymous to us but we still hold your information in confidence.

Account and Trial Registration Information: To create an online Burn Boot Camp On Demand account or to sign up for a trial you will need to provide certain Personal Information, including your name and email address. The information collected from users during the registration process is used to manage user accounts and may be shared with our service providers as further discussed below.

Mailing List Information: If you sign up or otherwise opt in to receive newsletters or promotions from us, you will need to provide your email address. We will use this information to provide you with promotional and other electronic communications. You may opt out of receiving promotional emails from us at any time by following the unsubscribe instructions contained in the applicable email. We may use email providers to deliver these communications to you.

Subscription & Payment Information: Subscriptions to Burn Boot Camp On Demand must be made by credit or debit card. All credit and debit card information is provided directly to our PCI-compliant payment processor, Stripe. We do not directly access, handle, or store your credit or debit card information. To purchase a Subscription to the Service, you will need to provide your name, address, email address, phone number, and credit or debit card type, number, expiration date, security code, and billing address. Voluntary Customer Surveys: We may periodically conduct online and offline business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of products and services we offer and how we provide them to you.

We may take the information we receive from individuals responding to our customer surveys and combine and aggregate it with the responses of other customers to create broader, generic responses to the survey questions. We will also use that aggregated information to improve the quality of our services and products and to develop new products and services. This aggregated (non-personal) information may be shared with third parties and/or service providers for these purposes.

SOURCE 2:  We Collect Personal Information Automatically

IP Addresses and Automatic Data: We automatically collect certain information from you when you access the Service. For example, the servers used to operate and provide the Service may collect data pertaining to you and the equipment, software, and communication methods you use to access the Internet and the Service, including Internet protocol (“IP”) addresses assigned to the computers and other devices from where you access the Internet, your Internet provider (ISP), your device ID number, your approximate geographic location, your web browser type, the pages you access on the Service, the websites you access before and after visiting the Service, the length of time you spend on the Service, date and time stamps, and clickstream data.

We may use this this information to operate the Service, to generate statistical information, to monitor and analyze usage patterns, to monitor and help prevent fraud, to investigate complaints and violations of our policies, and to improve our Service and Content, affiliate and third party Products linked from the Service, and other content made available or linked from the Service Demand (see also how we may use Google Analytics/analytics services as described below). Some information that we automatically collect from you is considered Personal Information under applicable laws. The service providers that we use to provide the Service may collect information about your visits to the Service and other websites. Some of this information may be collected using cookies and similar tracking technologies as explained further below under “Cookies and Other Tracking Technologies.”

Cookies and Other Tracking Technologies: We automatically use cookies to track your use of the Service in order to facilitate and enhance the user experience and for other purposes as described below. A “cookie” is a small piece of information that is stored on your device’s hard drive by your web browser when you visit certain websites.

We use cookies to track how you access and use the Service, to learn when and how users access and use the Service, to learn how popular Burn Boot Camp On Demand pages and Content are and are not, to learn which search terms are used to find the Service, to learn which websites direct you to the Service and to recognize users (whether or not the user has an online Burn Boot Camp account or Subscription). We also use cookies to help display certain information on the Service and to improve your enjoyment of the Service, for example, by remembering your contact and other information when you access or use the Service, as well as for statistical purposes to improve the products and services we provide and to manage our telecommunications networks.

We may use both cookies that we implement and cookies implemented by our suppliers and vendors, such as advertisers. We do not control third-party cookies or the information collected through them and expressly disclaim responsibility for information collected through them.

Most browsers automatically accept cookies. You can disable cookies but disabling cookies may impact your use and enjoyment of the Service. Most browsers allow users to manage cookies in the browser’s settings. For example, a browser may allow you to reject cookies from certain websites, reject certain types of cookies regardless of the website, reject or disable all cookies from all websites, and/or delete cookies stored previously. Some browsers also give you the option of being notified every time a cookie is sent to your browser by a website.

Changing your cookie preferences in one browser will not necessarily carry over to other browsers, so you may need to adjust your preferences each time you get a new computer or device, install a new browser, upgrade an existing browser, or alter or delete a browser’s cookie file.

The types of information collected by a cookie and the purposes for which that information is used depends on the type of cookie. By way of illustration, the types of information collected by us using cookies and the purposes for which that information is used are described below. We may also combine information collected by cookies with other Personal Information.

  • Operationally necessary cookies (also called essential cookies). These are cookies that are required for the operation of the Service. For example, these cookies are required to identify irregular website behavior, prevent fraudulent activity, and improve security. They also allow users of the Service to make use of its functions, for example, saved searches, and similar functions. Without these cookies, services that you have requested cannot be provided. You are not able to disable certain operationally necessary cookies. 
  • Functionality-related cookies. These cookies allow us to offer you enhanced functionality when accessing or using the Service. This may include remembering choices you make, for example and as applicable, remembering your username, preferences, or settings, remembering if you reacted to something on or through the Service so that you are not asked to do it again, and remembering if you have used any feature of the Service before. As described above, you may disable functional cookies, but if you do so then various functions of the Service may be unavailable to you or may not work the way you want them to.
  • Performance-related cookies (also called analytical cookies). These cookies assess the performance of the Service, including as part of our analytic practices to help us understand how visitors use and interact with the Service, for example, which pages users visit or use most often. These cookies also enable us to personalize content and remember your preferences. These cookies help us improve the way the Service works and provide a better, personalized user experience.
  • Web Beacons, Flash Cookies, and Pixels. We may also use the following types of tracking technologies: web beacons (also called clear GIFs), flash cookies, and pixels (also called pixel tags). A web beacon is a tiny graphic with a unique identifier that functions similar to how cookies function. However, in contrast to cookies, web beacons are embedded invisibly on websites. Flash cookies collect and store information about your use of a website and are commonly used for advertisements and videos. Pixels can be placed on websites or within emails to track your interactions with those websites and when emails are opened.

Location Information: In addition to the approximate geographic location information collected as discussed above, we may, with your consent, access more specific location information to enhance the user experience and increase the usefulness of the Service. This includes geographical location information collected by device-based location services (including GPS data). You may choose to allow us to access your location by granting the Service access to your location when prompted or through your device’s location services settings. We also use the Google Maps API(s). Please see Google's Privacy Policy found here to learn about Google's Personal Information collection and use practices.

Google Analytics: We may use analytics tools provided by third parties and/or our service providers (e.g., Google Analytics) to collect and process data about your use of the Service, including when you visit the Service, URLs of the websites that you visit prior to visiting the Service and when you visit those websites, and IP addresses assigned to the devices from where you access the Internet. Our analytics providers may set and read cookies to collect this data and your web browser will automatically send data collected by those cookies to our analytics providers. Our analytics providers use this data to provide us with reports that we will use to improve the Service. For more information on how Google uses this data, visit Google’s Privacy Policy and Google’s page on How Google uses data when you use our partners’ sites or apps. To prevent this data from being used by Google Analytics, follow the instructions to download and install the Google Analytics Opt-out Browser Add-on for each browser and device you use. Using the Google Analytics Opt-out Browser Add-on will not prevent us from using other analytics tools and will not prevent data from being sent to us or to Google. For more information about how Google Analytics uses cookies to measure user interactions on websites, visit Google Analytics Cookie Usage on Websites. You may disable cookies as discussed above, but that may impact your use and enjoyment of the Service.

SOURCE 3: We Collect Personal Information From Third Party Sources.

We obtain Personal Information about individuals from various third-party companies and public sources and we may combine that data with other Personal Information we have already collected about you. This enhances our existing data about our users (e.g., adding address data), improves our ability to contact you, and enhances our marketing capabilities.

  • 4) Purpose for Collecting Personal Information

We may use all categories of Personal Information listed above for the following business purposes:

Administration Purposes and Site Management: We may use and share your Personal Information for the purposes stated or agreed-to (or as is obvious) at the point of collection, for example, to process and communicate with you in connection with your requests or Subscription, to administer your account, to provide customer support to subscribers, to communicate with you in connection with your account, and to provide you with information and communications that you request. We will make certain Personal Information, including User-Generated Content, available to other users of the Service. For example, if you comment on a post on the Service, other Burn Boot Camp On Demand subscribers will be able to view and share that information.

We may use Personal Information to notify you of changes made to the Service (e.g., changes to our Terms of Use or this Privacy Policy) and to provide you with promotional materials and other communications as described above. If you send us an email, we will use your email address to respond to that inquiry. If you contact us for support or assistance in using the Service, we may use Personal Information to determine whether or not your system or device meets the minimum requirements needed to access and use the Service and otherwise to contact you regarding your request.

Evaluation and Improvement of Our Services, User Demographics, and Aggregation: We may use and disclose Personal Information to customize the Service, promotional emails, and users’ experience, to analyze, develop, and improve the Service and its Content, to inform marketing and communication plans and strategies, to understand user demographics and preferences; and to evaluate Service user needs. We may also aggregate Personal Information to create aggregate data on users that describes users as a group but does not reveal the identity of individual users. We may use aggregate data to understand users’ needs and Service usage patterns, to determine what kinds of products, services, and marketing we, or vendors, can provide, and to improve and enrich our products, services, marketing, and the Service.

We may provide aggregate information about our customers, users, traffic patterns, and related information to our service providers and/or third parties.

Security and Protection of Rights: We may use and share Personal Information as required or permitted to respond to subpoenas, court orders, valid law enforcement requests, and other legal process, as well as to establish or exercise our legal rights or defend against legal claims if we believe doing so is necessary, including sharing information necessary in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms of Use, to identify, contact, or bring legal action in the event of a violation of our contracts, terms, or policies, or as may be otherwise required or permitted by law.

Business Transactions: If Burn Boot Camp undergoes a change in control, acquisition, merger, reorganization, or asset sale (in whole or in part), we may transfer, sell, share, or otherwise disclose Personal Information to the subsequent owner(s) or successor(s) of those transactions. We may also disclose Personal Information in connection with the evaluation of those transactions. Those owner(s), successor(s), and other recipients, as applicable, will be bound by this Privacy Policy as it applies to the information disclosed. Also, if Burn Boot Camp or any of its assets are acquired or if Burn Boot Camp goes out of business, enters bankruptcy, or goes through some other change in control or reorganization, Personal Information may be one of the assets transferred to or acquired by such party.

With Your Consent: With your consent, we may use and share your personal information and other Personal Information in ways not specifically described in this Privacy Policy.

  • 5) Categories of Third Parties and/or Service Providers With Whom We Share Personal Information

We may share all categories of Personal Information listed above with the following categories of third parties and/or service providers:

Employees and Affiliates. We may share Personal Information with our employees and affiliates who have a need to know the information for our business purposes.

Third Parties and/or Service Providers. We may share Personal Information with vendors, suppliers, consultants, agents, partners and representatives that provide services for us, with whom we have contracted with to protect such Personal Information. For example, we may share Personal Information with service providers to help us host and manage the Service; to provide cloud storage; provide targeted advertising and other marketing; improve the Content and functionality of the Service; perform data analysis and statistical analysis; troubleshoot problems with the Service and provide IT security; provide payment processing services; provide public relations; provide learning management systems; provide email services; provide data processing; to help us fulfill Subscriptions; provide customer support; provide portals on our Service; and support or provide the security of the Service.

Government Officials / Law Enforcement. We will cooperate with law enforcement and other governmental agencies, and may disclose Personal Information: (i) if we believe in good faith we are legally required to disclose that Personal Information, (ii) if we are advised to disclose Personal Information by our legal counsel, or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Company or any other party.

Professional Advisors. We may share Personal Information with certain service providers that are our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to Burn Boot Camp.

Other Users. By submitting a copyright infringement notice, counter-notice or other similar notification, you consent to having that communication forwarded to any person or entity to whom the notice or counter-notice relates to, in order to facilitate a prompt resolution of the copyright infringement claim.

Change in Ownership. In the event Burn Boot Camp is the subject of a change of control or in the event the Service changes ownership, in whole or in part, or in the event of a bankruptcy, receivership or a similar transaction, we may provide Personal Information to the subsequent owner(s) or as part of the due diligence process.

Other. We may share Personal Information with third parties and/or our service providers when explicitly requested by or consented to by you, or for the purposes for which you disclosed the Personal Information to us as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure).

  • 6) Use and Disclosure of De-Identified or Aggregated Information

We may collect, use, share, transfer and otherwise process de-identified and aggregated information that we receive or create for any purposes in our sole discretion, in compliance with applicable laws. Burn Boot Camp is the sole and exclusive owner of such de-identified and aggregated information, including if Burn Boot Camp de-identifies Personal Information so that it is no longer considered Personal Information under applicable laws.

  • 7) Children’s Privacy

Burn Boot Camp On Demand is not directed at children under eighteen (18) years of age. Burn Boot Camp does not knowingly collect or use information from children under 18 through the Service.

For clarity, Burn Boot Camp On Demand does not sell the Personal Information of anyone under the age of 16 years old without affirmative authorization.

  • 8) Data Security

Burn Boot Camp does not guarantee that loss, misuse, or alteration of Personal Information will not occur, but we have technical and organizational security measures in place to help protect against the loss, misuse, and alteration of information under our control, including Secure Sockets Layer (SSL) technology, which is used to encrypt information passed between our systems and your browser or device. The storage and communication of information can never be completely secure, so we do not guarantee that our security measures will prevent third parties from illegally obtaining this information, nor do we guarantee that communications or other information that you submit or that are otherwise provided to us will be completely secure. If you become aware of any breach of Service security or this Privacy Policy, please notify us via email at customerservice@burnbootcamp.com immediately. If our security system is breached, we will notify you of the breach only if and to the extent required under applicable law.

You understand that no data transmission over the internet or a device can be guaranteed to be 100% secure. While we strive to protect Personal Information, we do not guarantee the security of Personal Information and you provide Personal Information at your own risk.

  • 9) Access from Outside the United States

If you are accessing or using the Service from outside the United States, please be aware that Personal Information may be transferred to, stored in, and processed in the United States (where our and our suppliers’ servers and databases are located and operated). The data protection and related laws and regulations of the United States might not be as comprehensive as those in the country from which you access the Service.

  • 10) How to Access Your Personal Information

To access or update your personal information as it exists in our records, please visit the account settings section of your online account, if applicable, or contact us at customerservice@burnbootcamp.com.

YOUR CALIFORNIA PRIVACY RIGHTS:

Terms Applicable to California Residents

This Section describes additional rights that apply to residents of California. In the event of a conflict between this Section and the remainder of this Privacy Policy, this Section shall take precedence for those California residents.

Certain capitalized terms in this Section not defined in this Privacy Policy have the meanings set forth in the California Consumer Privacy Act of 2018 (the “CCPA”).

  1. A. Details Regarding the Collection, Source, Purpose and Sharing of Your Personal Information

To understand the categories of Personal Information we collect, see Section 2 above[hyperlink to Section 2].

To understand the categories of sources from which your Personal Information is collected, see Section 3  above [hyperlink to Section 3].

To understand the purposes for collecting your Personal Information, please see Section 4 above [hyperlink to Section 4].

To understand the categories of third parties and/or service providers with whom we share your Personal Information, please see Section 5 [hyperlink to Section 5].

  1. B.  We Do Not  Sell Personal Information
  1. C. Categories of Personal Information Disclosed For a Business Purpose

In the last 12 months, we have not disclosed your Personal Information for our Business Purposes.

  1. D. Your Rights to Access and Deletion

Subject to certain limitations such as: (a) exceptions permitted by applicable law; and (b) verification of your identity, you may exercise the following rights with regard to your Personal Information:

Right to Access. You have a right to access any of the following which occurred in the prior 12-month period: (a) the categories of Personal Information we collected from you, (b) the categories of sources from which the Personal Information was collected, (c) the business or commercial purpose for collecting or selling your Personal Information, (d) the categories of third parties with whom we shared your Personal Information, (e) the specific pieces of Personal Information we collected from you (i.e. "data portability"), and (f) a list of categories of Personal Information we Sold or disclosed for a Business Purpose in the last 12 months.

Right to Request Deletion. You have a right to request that we delete Personal Information we collected from you. We will comply with such request, and direct our service providers to do the same, subject to certain exceptions permitted by applicable law.

  1. E. How to Exercise Your Rights of Access and Deletion

How to Exercise Your Rights. To exercise your rights described in this Policy, you may submit your request to us by contacting us at any of the following:

Call:  1-800-614-0431  

Email:  customerservice@burnbootcamp.com

Mail:   Burn Boot Camp 

        17036 Kenton Dr, Cornelius, NC 28031

More on Submitting a Request to Delete. You may submit your request to delete here: https://customerservice.burnbo... 

Verifiable Consumer Request. In order to verify your request, you must provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Information, and you must describe your request with sufficient detail to allow us to properly understand, evaluate, and respond to your request.

When we receive your request to exercise your rights under the CCPA: (a) we will acknowledge receipt of your request; (b) we will try to match the information you provide in making the request with information we already maintain about you; (c) if required to verify your identity, we may ask you to provide additional information, including personal information; (d) we will consider various factors when determining how to verify your identity, such as the sensitivity and value of the data, the risk of harm, the likelihood of fraud, etc.

We will only use personal information we collect during the verification process for the purpose of verifying your identity. If you maintain an account with us, we may use that account to respond to your request and/or verify your identity. If we are unable to verify your identity as required by applicable laws and regulations, we will decline to comply with your request, and let you know why. 

When We Will Respond.  We will try to respond to your request within 45 days. If we require additional time, we will inform you of the reason and extension period. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. For data portability requests, we will select a format to provide your Personal Information to you. We may charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded.

  1. F. Who May Exercise Your Rights?

You may only make a request to exercise your rights on behalf of yourself. You also have a right to submit requests to exercise your rights under the CCPA through an authorized agent. An authorized agent must be registered with the Secretary of State in California to conduct business in California. If you choose to use an authorized agent, you must (a) provide signed permission to that authorized agent to submit requests on your behalf, (b) verify your identity directly with Company, and (c) directly confirm with Company that you granted permission to the authorized agent to submit the request on your behalf. For clarity, you are required to verify the identity of both yourself and the authorized agent. 

We may deny a request from an authorized agent if we do not have proof that they are authorized by you to act on your behalf. 

Furthermore, a parent or legal guardian may make a request on behalf of their child.

  1. G. Shine the Light

Pursuant to California Civil Code Section 1798.83, if you are a California resident, you have the right to obtain: (a) a list of all third parties to whom we may have disclosed your Personal Information within the past year for direct marketing purposes, and (b) a description of the categories of Personal Information disclosed, by contacting us per the “Contact Us” Section below.

H.  California’s “Do-Not-Track” Requirement. we currently do not respond to “do not track” requests.

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  1. 16. Contact Us

If you have any questions about this Privacy Policy or the practices described herein, you may contact us by email at customerservice@burnbootcamp.com, or by mail at:

Burn Boot Camp 

17036 Kenton Dr.

Cornelius, NC, 28031

1-800-614-0431

Email: customerservice@burnbootcamp.com