Privacy Notice for California Residents

This Privacy Notice for California Residents (the “Notice”) supplements the information contained in our Privacy Policy and applies only if you reside in the State of California (i.e. if you are a “California Consumer”).

a) Information We Collect
In the past twelve (12) months, Jazzercise, Inc. (“Jazzercise”, “we”, or “us”) has collected the following categories of Personal Information regarding California residents:

  • Account Identifiers (names, date of birth, gender, email address, phone number, and user name and password);
  • Receipt from the online payment processor confirming payment of the Services;
  • Purchase History;
  • Usage Information (IP address, unique device IDs (such as account authentication token and password tokens), your precise geographic location); and
  • Other information which is not required to use our Services but that you choose to provide to us on an online form, or messages that you send through the Services.

Jazzercise obtains this Personal Information directly from users when they sign up for the Services, visit our website, and use our mobile app.

b) Use of Personal Information
Jazzercise may use the Personal Information we collect for one or more of the following “Business Purpose(s):”

  • To deliver the Services to you, as well as providing you with content that Jazzercise believes would be relevant to you based on your Personal Information;
  • To provide informed commercial marketing about Jazzercise’s products and services, the end result of which may include the delivery of messages (by Jazzercise or our Service Providers) to you regarding Jazzercise’s products and services;
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
  • To respond to your requests under the California Consumer Privacy Act of 2018 (the “CCPA”); and
  • For any other acceptable purposes as set forth in the CCPA.

Unless we update this Notice to reflect otherwise, we will not collect additional categories of Personal Information, nor use the Personal Information we collect for any other materially different, unrelated, or incompatible purposes.

c) Sharing Personal Information
Within the last 12 months Jazzercise has disclosed your Personal Information as described in this Notice.

We may disclose your Personal Information to our Service Providers, Online Tool Providers, and advertising partners, each as described in our Privacy Policy. We may also disclose Personal Information to third parties for a Business Purpose. When we disclose Personal Information for a Business Purpose, we enter into an agreement with the receiving party that describes the purpose for sharing the Personal Information, and that requires the receiving party to keep that Personal Information confidential and not use it for any purpose other than performing the services according to the agreement. Finally, as described above, we may also disclose your information as required by law enforcement and as necessary to comply with applicable law and court orders.

For purposes of this Notice “Sell,” “Selling,” “Sale,” or “Sold,” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, Personal Information to another business or a third party for monetary or other valuable consideration.

Jazzercise does not and will not, without first obtaining your consent, Sell Personal Information. In the past twelve (12) months, Jazzercise has not Sold Personal Information about California Consumers.

d) Your Rights and Choices
“Verifiable Request” means that the identifying information provided by a California Consumer in connection with a request matches the personal information of the California Consumer already maintained by us or a third-party verification service. Identifying information you can submit in order to permit Jazzercise to verify your request may include your name, email address, and a secure confirmation code that we provide to you via email.

If you are a California Consumer, you may request information about our collection, use, disclosure and Sale of your Personal Information over the past twelve (12) months, whether or not it was collected electronically. If you submit a Verifiable Request, we will disclose:

  1. the categories of Personal Information we have collected about you; the categories of sources from which your Personal Information was collected; our business or commercial purpose for collecting or Selling your Personal Information; the categories of third parties with whom we share that Personal Information; and the specific pieces of Personal Information we collected about you; and
  2. if we disclosed your Personal Information for a Business Purpose: what categories of Personal Information we disclosed for a Business Purpose, and to which categories of recipients we disclosed it to.

You also have the right to request that we delete any of your Personal Information that we collect or maintain by submitting a Verifiable Request. We may deny your deletion request if retaining your Personal Information is necessary for us or our Service Providers to:

  • Complete the transaction for which we collected your Personal Information;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • Debug products to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise their right of free speech, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the achievement of such research, if you previously provided informed consent;
  • Enable solely internal uses that are reasonably aligned with consumer expectations;
  • Comply with a legal obligation; or
  • Make other internal and lawful uses of that information that are compatible with the context in which we obtained it.

If you choose to exercise a privacy right under the CCPA, you have the right not to receive discriminatory treatment. However, as further described below, it may be a functional necessity for our Services to have Personal Information about you in order to provide all of the features of the Services to you.

You may submit a Verifiable Request for the information listed above, or exercise any of your rights enumerated under this Notice, by emailing us at privacy@jazzercise.com. You may also submit a Verifiable Request on behalf of your minor child.

After we receive your Verifiable Request, we will provide to you, in writing and free of charge (unless your request is excessive, repetitive, or manifestly unfounded), the requested information for the 12-month period preceding your request. We will try to respond to your verified request within forty-five (45) days of receipt, but if we require more time (up to another forty-five (45) days) we will inform you of the reason and extension period in writing. Please note that we are not required to comply with your request for information more than twice each year. If applicable, our response will explain the reasons why we cannot comply with your request.

Should you choose to exercise any of the rights enumerated under this Notice, 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; or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.