Effective Date: August 4, 2017

(If you are a CA resident, this statement includes your California Privacy Rights.)

The Active&Fit DirectTM program is a fitness and health education program (the “Active&Fit Direct Program” or “Program”) provided by American Specialty Health Fitness, Inc., a subsidiary of American Specialty Health Incorporated. The Active&Fit Direct Program and the Active&Fit Direct website (the “Active&Fit Direct Website” or “Website”) are owned and operated by American Specialty Health Incorporated, a Delaware corporation with a mailing address of 10221 Wateridge Circle, San Diego, CA 92121, on behalf of itself and its subsidiaries (collectively “ASH” or “We”).

ASH values its users (“you”) and respects your privacy. We are committed to using your information responsibly. The information you provide to us through the Active&Fit Direct Program or on the Active&Fit Direct Website is governed by this Privacy Statement. This Privacy Statement informs users about the Active&Fit Direct information practices, including: what personal information we collect through the Active&Fit Direct Program and on the Active&Fit Direct Website; how the personal information is collected; how the personal information will be used; and the choices you have about the collection and use of personal information.

This Privacy Statement, together with the Terms and Conditions, govern your participation in the Active&Fit Direct Program and your use of the Active&Fit Direct Website. By using the Active&Fit Direct Website, or otherwise participating in the Active&Fit Direct Program, you accept and agree to be bound by this Privacy Statement and the Terms and Conditions.

From time to time, we may update and modify this Privacy Statement to accommodate new technology, industry practices, regulatory requirements, or for other purposes. We will provide you with notice if the changes are material and, when required by applicable law, we will obtain your consent.

CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS
Under California Civil Code Section 1798.83 (known as the “shine the light” law), California residents have a right to request an information-sharing disclosure from a business to which they have provided personal information and which has disclosed the information to any third party for third-party direct marketing uses in the prior calendar year.

ASH does not knowingly share your personal information with third parties for their direct marketing use without your permission. California residents may send requests for information-sharing disclosure under this law by contacting us at the following link: https://www.activeandfitdirect.com/ContactUs with the subject line “California Privacy Rights” or by mail address located in the contact section below. Please note that, under this law, we are not required to respond to your request more than once in a calendar year, nor are we required to respond to any requests that are not sent to the above-designated email address.

What kind of information does ASH collect?

When you participate in the Active&Fit Direct Program or interact with the Active&Fit Direct Website, we will collect “Personal Information,” which is any information that can be used to identify you. We collect your Personal Information when, for example:

  • You register and enroll into the Active&Fit Direct Program: The Active&Fit Direct Program registration requires first and last name, date of birth, gender, mailing address, phone number, e-mail address, a username and password to enter the password-protected area of the Active&Fit Direct Website, security question and answer to help recover your user name and/or password.
  • Request a Guest Pass: If you request a guest pass letter, we will collect your contact information (name, mailing address, email address and phone number) to process your guest pass letter request. We may follow up with you on your guest pass experience at the contact information you provide.
  • Join Active&Fit Connected!TM: If you use the Active&Fit Connected! feature, you allow us to record your activity related information, such as steps taken in a day, through your eligible enabled activity/fitness device or equipment (a “Fitness Device”). When you use this feature, your activity information will be transmitted from your Fitness Device by the Fitness Device manufacturer, to Validic (a third party data aggregator that we use to facilitate the Active&Fit Connected! feature). After receiving the information from Validic, we upload the information into your member profile/account on Active&Fit Direct Website. By using the Active&F it Connected! feature, you allow us to receive this information from your Fitness Device.
  • Search for and select an Active&Fit Fitness Center: We may collect and use your address to help locate Active&Fit fitness centers near you. We may also receive utilization reports containing dates of visits from any Active&Fit fitness center that you have accessed through your enrollment in the program.
  • Contact us: When you contact us through the Active&Fit Direct Website, via email, telephone or other means, we may collect your name, phone, e-mail address, inquiry type, and comment.

We do not collect your credit card information or maintain it on our systems. If you choose to enroll in the Active&Fit Direct Program, you will be asked to provide your credit card information to process your enrollment fee and recurring monthly fee. We use a PCI-compliant third party payment processor to collect and process your credit card information. Active&Fit Direct does not directly collect or maintain your credit card information.

If you choose not to provide your Personal Information, certain features of the Active&Fit Direct Program and Active&Fit Direct Website will not be available to you.

We may also collect information about your use of the Active&Fit Direct Website, which cannot be used to identify you. For more information about how we collect this “Usage Information,” please see the section on Cookies and Other Similar Technologies below.

How does ASH use my information?

We use the information we collect from you in the following ways:

  • Process enrollment and facilitate participation: If you enroll in the Active&Fit Direct Program, we will use your information to process your enrollment, set up and administer your account, and verify utilization with Active&Fit fitness centers. If you use Active&Fit Connected! feature, we will record your registered device activity information over time and will use such recorded information to allow you to track your fitness progress.
  • Fulfill your requests: We use your information to fulfill your requests, such as process a guest pass letter request or send you information that you request.
  • Communicate with you: We may use your information to process and respond to your inquiries or to send you important administrative announcements, such as about changes to ASH, the Active&Fit Direct Program and Website, or this Privacy Statement. We may also follow up with you on your guest pass experience at the contact information you provide while using the guest pass request feature.
  • Enhance your experience: We use Usage Information to enhance and personalize your experience, such as to help us remember who you are and to understand and save your preferences for future visits.
  • Improving our services: We may aggregate your information with other users’ information to understand how the Active&Fit Direct Program and Website are being used, evaluate the efficacy of the overall Program, and carry out other tasks relating to operation or improvement. This “Aggregate Information” is statistical data collected and pooled with all other participants enrolled in the Program, and it cannot be used to identify you.

Under what circumstances does ASH share user information collected on the Active&Fit Direct Website or through the Active&Fit Direct Program with third parties?

You have access to the Active&Fit Direct through a benefit program made available to you by an employer or your health plan. We may provide Aggregate Information to the benefit administrator of that program. ASH will not provide individually identifiable information to your benefit program sponsor.

ASH may share your Personal Information with third parties in the following circumstances:

  • With Vendors: Sharing your Personal Information with our vendors to provide services under the Program and to support the operation and maintenance of the Active&Fit Direct Website. For example, if you submit credit card information to enroll in the Active&Fit Direct Program, we direct our third party payment processor to collect your payment information and process your payment.
  • For legal purposes, including: as reasonably necessary to comply with law or legal process (including a court or government order or subpoena); to detect, prevent, or otherwise address fraud, security or technical issues; to enforce this Privacy Statement or the Terms & Conditions for the Active&Fit Direct program and the use of this Website; and as reasonably necessary to protect the rights, property or safety of ASH, ASH users, and/or the public.
  • During a corporate reorganization: If ASH is involved in a merger, acquisition, financing, or sale of business or assets, information collected from and about users may be transferred to one or more third parties involved in such transaction and, upon such transfer, the relevant third-party privacy policy or policies may govern further use of the information. In the event of such a change, ASH will endeavor to notify our users of the change as well as any choices our users may have regarding the change.

In addition, ASH may provide reputable third party vendors with aggregate statistics regarding user participation, Active&Fit Direct Website traffic patterns and related Usage Information. The information so provided will not include individually identifiable information, meaning we will not share your Personal Information with these third party vendors.

Can users opt out of collection of Personal Information on the Active&Fit Direct Website or as part of the Active&Fit Direct Program?

No. The functionality of the Active&Fit Direct Website and associated tools and features requires that we collect and receive certain personal information from and about participants in the Active&Fit Direct Program. If you do not wish to have your Personal Information collected or received by us, you should not use the Active&Fit Direct Website or participate in the Active&Fit Direct Program.

Can users disable their accounts and delete their information collected on the Active&Fit Direct Website or through enrollment in the Active&Fit program?

Except as expressly otherwise stated in this Privacy Statement, and except where applicable law provides otherwise, personal information collected on the Active&Fit Direct Website, or through the Active&Fit Program generally, cannot be deleted or removed from ASH’s database and will be retained in accordance with ASH’s record retention policy. User accounts, however, may be disabled upon written request, using the contact information at the end of this Privacy Statement.

How can users opt-out of receiving communications from ASH?

If you have provided your email address, postal address, and/or telephone number to ASH, you may opt out of receiving marketing/promotional communications from ASH by contacting ASH as described at the end of this Privacy Statement. To stop receiving marketing/promotional communications via email, you can also use the “unsubscribe” link contained in a marketing/promotional email you have previously received from ASH. Please note that email unsubscribe requests may not take effect immediately.

NOTE: Your opt-out regarding our marketing/promotional communications will not stop communications from ASH of a transactional nature or as required by law. For example, we will still send you communications regarding your account or a purchase, request or inquiry you have made with ASH, notices regarding material changes to the Active&Fit Direct Website or its information practices, and other administrative notices.

How does ASH protect the privacy of minors regarding the Active&Fit Direct Website?

ASH is concerned about the safety of children when they use the Internet. The Active&Fit Direct Website is not intended for use by persons under the age of majority (e.g., under the age of 18 in California). If ASH becomes aware that a user is under the age of 18 and has provided Personal Information to ASH without prior parental consent, ASH will remove all information provided by such underage user from its database.

How does ASH use cookies and other similar technologies on the Active&Fit Direct Website?

We use cookies and other similar technologies on the Active&Fit Direct Website to help us remember who you are, to enhance and personalize your experience, to understand and save your preferences for future visits, to compile group information about our users, and to carry out other tasks relating to the operation or improvement of the Active&Fit Direct Website.

  • Cookies" are small text files that are placed on your hard disk by a webpage server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. Most web browsers are initially set to accept cookies, but you can change your browser settings to notify you when you are sent a cookie, giving you the ability to accept or reject it, or you can choose to routinely and manually delete cookies stored on your computer or mobile device. Each time you revisit the Active&Fit Direct Website, your ability to restrict our use of cookies on that service is subject to your browser settings and limitations at the time. Please note that if you choose to disable or reject cookies from the Active&Fit Direct Website, some portions and features of the Active&Fit Direct Website may become inaccessible or may not function properly.
  • We may also use "web beacons" – which can be included in web pages or in emails for reporting and analytic purposes, such as counting users who have visited a web page and/or tracking usage patterns. We do not gather personal information of any kind via this activity. Web beacons cannot be declined when delivered via a regular web page. However, web beacons can be refused when delivered via email. If you do not wish to receive web beacons via email, refuse HTML (select Text only) emails via your email.

Interest-Based Advertising: We also work with a variety of advertisers, third-party websites/applications (such as Facebook and Google AdWords), and analytics companies that use these technologies to collect data about your use of the Active&Fit Direct Website so that we can deliver ads to you based on your interests and online activities. This information does not identify you or give us access to your computer or mobile device. For more information about online advertising or to choose not to see interest-based ads, please visit http://www.aboutads.info/choices. For more information about how to manage the advertisements you see on Facebook, please visit https://www.facebook.com/help/568137493302217. For more information about how to manage the advertisements provided through Google, please visit http://www.google.com/settings/ads. Keep in mind that if you choose not to see online interest-based ads, you’ll still see ads, but they may not be as relevant to you.

Google Analytics: Google Analytics to collect information to improve the Website, such as how often users visit the Website, what pages they visit when they do so, and what other websites they used prior to visiting the Active&Fit Direct Website. Google Analytics places a cookie on your web browser so that it can identify you the next time you visit the Website, and the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to the Website is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. If you don’t want Google Analytics to be used in your browser, you can install the Google Analytics opt-out browser add-on which is available at https://tools.google.com/dlpage/gaoptout

Do Not Track: Some web browsers incorporate a "do-not-track" (“DNT”) or similar feature that signals to websites that a visitor does not want to have his/her online activity tracked. If a website receives a DNT signal, the browser can block that website from collecting certain information about the browser’s user. Not all browsers offer a DNT option and DNT signals are not yet uniform. For this reason, we (along with many other website operators) do not currently respond to DNT signals. For more information about DNT signals, visit www.allaboutdnt.com.

How does ASH safeguard user information?

In order to maintain confidentiality and safeguard the security of Personal Information, ASH has implemented company-wide policies regarding privacy, security, and confidentiality. Despite these measures, the confidentiality of your Personal Information cannot be guaranteed. We encourage you to take appropriate steps to protect your Personal Information, such as using a complex password when you register for the Program.

Note to international users.

The Active&Fit Direct Program and Website are intended for U.S. residents. If you are outside of the United States and access the Active&Fit Direct Website or submit your Personal Information to us, please be advised that U.S. law may not offer the same privacy protections as the law of your jurisdiction. By using the Active&Fit Direct Website or submitting your Personal Information to us, you consent to the transfer to and processing of your Personal Information in the United States.

What is ASH’s policy regarding links to other websites and services?

For your convenience, the Active&Fit Direct Website may provide links to third-party websites and online services not owned or controlled by or affiliated with ASH (each, a “Linked Third-Party Website/Service”). Linking does not mean, and should not be deemed or construed to mean, that ASH endorses or approves or is affiliated with a Linked Third-Party Website/Service. ASH is not responsible for the information privacy and security policies or practices of a Linked Third-Party Website/Service. When you leave the Active&Fit Direct Website to visit a Linked Third-Party Website/Service, this Privacy Statement no longer applies, and any information collected from or about you by a Linked Third-Party Website/Service will be governed by that site/service’s privacy policies and practices, which may be substantially different from those of ASH. A Linked Third-Party Website/Service may set or use its own cookies, web beacons, etc. to your computer or mobile device, and may collect information from and about you and use the information in ways that ASH would not. You access a Linked Third-Party Website/Service entirely at your own risk. You should always read the privacy policy associated with a Linked Third-Party Website/Service before disclosing any personal information.

For more on Links, please see the Active&Fit Direct Terms and Conditions.

How can users contact ASH?

Questions and requests may be submitted through the Contact Us feature of the Active&Fit Direct Website, or using the following contact information:

U.S. Mail

Active&Fit Direct Customer Service
P.O. Box 509117
San Diego, CA 92150-9117

By Phone
(844) 646-2746, 5:00am to 6:00pm, Monday through Friday (except for company holidays).

E-mail

fitnessservice@ashn.com

The Active&Fit Direct Program and use of the Active&Fit Direct Website are governed by the Active&Fit Direct Terms and Conditions.