Privacy Policy - Power Wellness

LAST UPDATED — 11/5/2024

Introduction

Power Wellness Management, LLC (“Power Wellness,” “Company”, “we”, “us”, “our”) is committed to your privacy. This Privacy Policy (the “Policy”) describes the types of information we may collect from you when you visit our website www.powerwellness.com (the “Website”), our mobile application (the “Mobile Application”), or that you may provide when you interact, register with, access, or use any Power Wellness services on the Website or our Mobile Application (collectively with the Website, the “Services”), and our practices for using, maintaining, protecting, and disclosing that information. Power Wellness is a management company which assists various clients by managing and operating fitness facilities which are owned by our clients. There may be additional privacy policies or practices that apply from the client which owns the facility.

This Policy applies to information we collect for us and on behalf of our clients:

On this Website or Mobile Application;
In email, text, and other electronic communications between you and Power Wellness and between you and a client;
Through the Website or Mobile Application and other electronic communications sent through or in connection with the Website or Mobile Application and Services; and
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.

This Policy does NOT apply to information you provide to or that is collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website or Mobile Application.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using this Website or Mobile Application, you agree to this Policy. This Policy may change from time to time (see “Changes to Our Privacy Policy”). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Your use of the Services and access to the Digital Properties is also governed by our Terms of Use which can be found via Terms of Use – Power Wellness. Please ensure you read the Terms of Use in addition to this Privacy Policy. Unless we indicate otherwise, in this Policy, defined terms will have the meanings given to them in our Terms of Use.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website and Mobile Application, including:

Personal Information. This includes, but is not limited to, information that we use to identify you, such as your name, address, email address, and telephone number.a.“Personal Information” refers to any information relating to an identified or identifiable individual who is the subject of the information. For example, when you register with the Services, contact us via the Services, or sign up for our mailing list, you provide us with certain Personal Information, which may include your name, your email address, your telephone number, your address, and any other personal or preference information that you provide to us.
Non-Personal Information. This includes, but is not limited to, user behavior on our Services and aggregated generic information. This is information that is about you but individually does not identify you.
Usage information. This includes, but is not limited to, information about your device including IP address, browser type and version, time zone setting, page interaction information collected through cookies and other tracking technologies.We collect this information:
1. Directly from you when you provide it to us. We collect information that you provide to us, including but not limited to, information you provide by filling in forms on our Services, such as information provided at the time of registering to use our Website or Mobile Application, posting material on the Website or Mobile Application, or requesting further services on the Website or Mobile Application. We may also ask for this information when you report a problem with our Services or exercise your privacy rights and choices (see “Your Privacy Rights and Choices”).
2. Automatically as you navigate through the Website. Information collected automatically may include usage information as described above, and we also may use these technologies, at times in connection with third party services, to collect information about your online activities over time and across third-party websites or other online services.“Cookies”, which are text files placed on your computer, to help the Website analyze how users use the site. The information generated by the cookie about your use of the Website (including your IP address) is typically used for the purpose of evaluating your use of the Website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of this Website.This Website uses “cookie” technology to obtain non-Personal Information from online visitors. We don’t extract Personal Information in this process. Rather, cookies allow us to update and improve our Website. Even if you set your browser not to accept cookies, you may still use most of the features of the Website.
3. From third parties, such as our trusted business partners. Some content or applications, including advertisements, on the Website or Mobile Application are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our Services. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites, apps, and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Information, for several reasons:

To present our Services and its contents to you;
To communicate promotions, newsletters, updates, special programs, and information about Power Wellness through e-mails, social media, mailings using the post office and possibly telephone contacts with your consent;
To provide you with information, products, or services that you request from us;
To set up, maintain and support our Services;
To monitor the use of our Services in order to detect security incidents;
For internal marketing purposes, such as marketing research;
To convey information about our Services to our clients;
To notify you about changes to our Website, or any products or services we offer or provide through the Website or Mobile Application;
To enforce our Terms of Use;
In any other way we may describe when you provide the information; and
For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users and information that does not identify any individual without restriction. We may disclose Personal Information that we collect, or you provide as described in this Privacy Policy:

With our clients as Power Wellness is a management company which assists various clients by managing and operating fitness facilities which are owned by our clients;
With affiliates or subsidiaries, business partners, service providers, or other third parties we use to provide you with the Services and its contents and functions;
Power Wellness may share information you provide with our business partners and affiliates as part of combined statistical data that does not include individually identifiable data about any user. Power Wellness is part of a group of fitness and wellness centers that are managed collectively, Power Wellness reserves the right to share any aggregated data, statistics, and analysis with third parties, however, this aggregated information will not contain any users’ identifiable personal information;
To third parties to market their products or services to you if you have not opted out of these disclosures;
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our users is among the assets transferred;
To fulfill the purpose for which you provide it;
For any other purpose disclosed by us when you provide the information; and
With your consent.

We may also disclose your Personal Information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
To enforce or apply our Terms of Use;
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Power Wellness, our customers, or others.

Retention Policy

We will retain your Personal Information for as long as necessary to fulfil the purposes for which we collected it, including the purposes of satisfying any legal, accounting, or reporting requirements.

Your Privacy Rights and Choices

We strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies or alert you when cookies are being sent. Note that some parts of the Services may then be inaccessible or not function properly if you do so.
Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by contacting us using the information provided in this Policy.
Promotional Offers from the Company. If you do not wish to have your information used by us to promote our own or third parties’ products or services, you can opt-out by contacting us using the information provided in this Policy. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by contacting us using the information provided in this Policy.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. Please consult the relevant third party’s policies for further information.

Certain data protection laws may provide you with more privacy rights than those listed above, depending on your citizenship or residency.

Additional Privacy Rights for Individuals in California

There are certain laws which provide individuals with additional privacy rights. This section is our Privacy Notice for California Residents (“Notice”) and applies to visitors, users, and others who reside in the State of California (“consumers,” or “you/your”) and use our Services, as contemplated under the California Consumer Privacy Act of 2018 (“CCPA”).

If you wish to exercise your rights under the CCPA, please contact us using any of the methods provided in the “Contact Us” section below. We will consider and process your request within a reasonable period of time. Please be aware that under certain circumstances, the CCPA may limit your exercise of these rights.

We collect different types of information from users, and we use and/or disclose this information for different business purposes. The chart below identifies the Personal Information we may collect and lists the parties with whom we may share this information and for what business purpose:

Category of Personal Information	Specific Personal Information that may be collected	Purpose of collecting the Personal Information	Categories of sources from which the personal information is collected	Is this category of Personal Information shared with third parties?	Categories of third parties with which the Personal Information may be shared	Purpose of disclosing or sharing Personal Information
Identifiers	Name, mailing address, email address, and telephone number; IP address; account information	To uniquely identify an individual in support of business activities	From you	Yes	Service Providers	Business processes
Commercial information.	Contact information, transaction/order history	To support business transactions	Your transactions with us	Yes	Service Providers (payment processor, shipping companies)	Business processes
Internet or other similar network activity.	IP address; browser type and version; Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	To allow access to and optimize our website or mobile application	From you and third-party technologies	No (but we may share aggregated statistical or demographic data with our service providers)	Service Providers	Improve Website or Mobile Application functionality, services
Geolocation data.	Unique identifiers and your location	Personalization	From you and your devices	Yes	Service Providers to help us locate your products	Business processes
Wellness related information.	Information regarding your overall health and wellness.	Personalization and to provide services.	From you with your consent	Yes, with your consent, and we may share aggregated statistical or demographic data with our service providers or clients	Service provides and at times clients	Business processes
Inferences drawn from other Personal Information.	Your product or service preferences based on responses to our own or our third party’s marketing or promotions, which may include location information	Personalization	From you and external data sources	In limited circumstances	Marketing partners	Marketing

Use of Personal Information

We do not sell your Personal Information. We may use or disclose the Personal Information we collect for one or more of the purposes listed in the chart above.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose and have disclosed in the past 12 months Personal Information to third parties for business purposes as set forth in the chart above and in this Privacy Policy. In the preceding twelve (12) months, we have not sold Personal Information.

Your Rights and Choices

The CCPA provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

1. Access to Specific Information and Data Portability Rights.

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 confirm your verifiable consumer request (see “Exercising Your Rights” section), 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 or commercial 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.

2. Deletion Request Rights.

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 confirm your verifiable consumer request (see “Exercising Your Rights” section), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. Please be aware that under certain circumstances, the CCPA may limit your exercise of these rights.

3. Exercising Your Rights.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Calling us at:

Toll Free: 877.888.2988
Main: 630.570.2600

Emailing us at [email protected]

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. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Please be aware that under certain circumstances, the CCPA may limit your exercise of these rights.

4. Response Timing and Format.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

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; 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.

Data Security

We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

Changes to Our Privacy Policy

It is our policy to post any changes we make to this Policy on this page. If we make material changes to how we treat our users’ Personal Information, we will notify you by the email address specified in your account and/or through a notice on the Website. The date the Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting this Policy to check for any changes.

Contact Us

To ask questions or comment about this Policy and our privacy practices, contact us at:

Power Wellness Management, LLC
851 Oak Creek Drive
Lombard, IL 60148

[email protected]