CRUNCH+

Privacy Policy

Effective Date/Last Updated: October 1, 2022

1.       WHO WE ARE AND SCOPE OF THIS PRIVACY POLICY

We are Crunch Holdings, LLC, a US company headquartered at 386 Park Avenue South, 15^th Floor, New York, New York, and our wholly owned subsidiaries and affiliates in the United States, collectively referred to as “we” or “Crunch” in this Privacy Policy (“Policy”). Our fitness products (“Services”) help people achieve and sustain their health and fitness goals within a supportive community environment.

At Crunch, we respect your privacy. This Policy explains how we may collect, use, and share information about you through our CRUNCH+ website, OTT/Smart TV or apps (collectively “Site”) and from offline channels such as our gyms, telephone calls, or events. This may include files, documents, recordings, chat logs, transcripts, and similar information that we maintain on our customers’ behalf, as well as any other information our customers may upload to their Crunch account(s) in connection with their use of our Site or Services (“Content”), or information gathered from other channels, such as publicly available sources.

This Policy is incorporated into and subject to the Terms of Use [here]. YOUR USE OF THE SITE AND  SERVICES CONSTITUTES YOUR AGREEMENT TO CRUNCH USING INFORMATION ABOUT YOU PER THIS POLICY.

This Policy may change over time as we modify or expand our services. In the event we make material changes to the Policy, we will provide notice through the Site, and we suggest that you check from time to time to understand how we treat your personal information (“PI”). You understand and agree that your continued use of the Site after the effective date means that the collection, use, and sharing of your PI is subject to the updated Policy. Except to the extent we receive your authorization, or as permitted or required by applicable law, we will handle your PI in accordance with the terms of the Policy in effect at the time of the collection. 

2.   DATA CATEGORIES

When you visit our Site, use our Services, we may collect PI from you when you register or create a subscriber account with us, log in, contact us, make purchases, request support or technical assistance, register for events or classes, challenges and complete surveys. This data typically includes your first and last name, billing data, email address, account password, usage data and any additional information you voluntarily submit to us.

We strive to limit the types and categories of PI that we collect and process to information necessary to achieve the purpose(s) for collection. We do not use PI for additional purposes that are incompatible with their initial collection. In other words, we have measures and policies in place designed to ensure that we only collect and process information from our users that we believe necessary to operate and provide them with a world-class service.

You can always limit the information you provide to us, but if you choose not to provide certain requested information, you may be unable to access some of the offers or content on the Site or Services.

3.   HOW WE USE YOUR PERSONAL INFORMATION

We use the PI we collect from you to: (a) provide and operate our Site and Services; (b) address and respond to service and customer support needs; (c) detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; (d) comply with applicable laws and administrative requests, protect our rights, assert and defend against claims; (e) fulfill contracts and process payments; (f) maintain and improve our Services; (g) provide analysis or valuable data back to our customers and users; (h) provide product updates, marketing communications, and service data; (j) for performance tracking, Site optimization, remarketing/retargeting purposes and to display content based upon your interests; (h) conduct research and analysis for business planning and product development; (i) and monitor usage of the Site and Services.

To the extent permitted by law, we may combine, correct, and enrich PI that we receive from you with data about you from other sources, including publicly available databases or from third parties to update, expand, and analyze our records, identify new prospects for marketing, and provide products and services that may be of interest to you.

4.   ANALYTICS, COOKIES AND OTHER WEB SITE TECHNOLOGIES

Cookies

We continuously improve our Site and Services by using first and third-party cookies and other web analytics tools. A cookie is a small file consisting of letters and numbers. This file uniquely identifies and recognizes your browser or device and transmits information back to the server. Depending on the cookie type, it may help us understand how our visitors use our Site, desktop tools, and mobile applications; the webpages, features, and functions visitors like and dislike; where visitors may have run into problems which we need to address; or to deliver targeted ads based on a visitor’s interests and browsing activity.

Some of these cookies may follow you when you leave the Site and travel to other websites so that we can serve targeted and relevant ads to you. We may place some of these cookies on your computer or devices. Third parties such as our advertising partners or service providers may also place cookies on your devices when you visit the Site

Exercising Choice

“Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you.  We do not currently respond to web browser “Do Not Track” signals or similar mechanisms. We track Site users over time and across third-party websites.

• If you wish not to have the information these technologies collect used to serve you targeted ads, you may opt-out by adjusting your "Privacy and security” site settings in your web browser.

 

Most browsers will allow you to block or refuse cookies. The Help Menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, and how to disable cookies altogether. However, you may need to adjust your preferences manually each time you visit a site. Please note that if you block certain cookies, some of the services and functionalities of our Site may not work, including establishing an account or installing Services.

Statistical Data, Google Analytics

To monitor the utilization of the Site and continuously improve its quality, we may compile statistical information concerning the usage of the Site using analytics services. Examples of this information would include: the number of visitors to the Site, or sections or pages within the Site, patterns of traffic flowing through the Site, length of time spent on the Site, or in sections or pages of the Site, the other sites that refer visitors to the Site, the pages of the Site that visitors frequently use as entry and exit points, utilization of the browser and operating systems and versions used by visitors to the Site. The analytics services may transfer this information to third parties in case of a legal obligation or if a third-party processes data on behalf of that service.

To compile this information, we may collect and store:

• Your IP address
• Your operating system version
• Your browser version
• The pages you visit within the Site
• The length of time you spend on pages within the Site
• The site from which you linked to ours
• Search terms you used in search engines which resulted in you linking to the Site, etc.

1. We use Google Analytics as described in “How Google uses data when you use our partners’ sites or apps.” You can prevent Google Analytics from using your data on our websites by installing the Google Analytics opt-out browser add-on here. . For enhanced privacy purposes, we also employ IP address masking, a technique used to truncate IP addresses collected by Google Analytics and store them in an abbreviated form to prevent them from being traced back to individual users. Portions of our website may also use Google Analytics for Display Advertisers, including DoubleClick or Dynamic Remarketing, which provide interest-based ads based on your visit to this or other websites. You can use Ads Settings to manage the Google ads you see and opt-out of interest-based ads.

Social Media

Our Site include social media features, such as Facebook, Instagram, Google, and Twitter “share” buttons. If you use these features, they may collect your IP address, the pages you are visiting on our site and may set a cookie to enable the feature to function properly. You can exercise your rights concerning the use of this data as specified in the “Exercising Choice” section below. These services will also authenticate your identity and provide you the option to share certain PI with us, such as your name and email address, to pre-populate our sign-up form or provide feedback. Your interactions with these features are governed by the Privacy Policy of the third-party company providing them.

Embedded Content

The Site contains embedded content (e.g., videos). Embedded content may place third-party cookies on your device that track your online activity to enhance your experience or assess the success of their application. We have no direct control over the information these cookies collect, and you should refer to their website privacy policy for additional information.

IMPORTANT: BY USING THE SITE, YOU CONSENT TO PROCESS ANY PERSONAL INFORMATION FOR THE ANALYTICS PURPOSES AND FUNCTIONS DESCRIBED ABOVE.

 

5.   LINKS TO THIRD PARTIES’ SITES AND THIRD-PARTY INTEGRATIONS

We may provide links to websites or resources outside of our Site for your informational purposes only. We may also provide links to third-party integrations. Third-party integrations are websites or platforms that synchronize with our Site to provide you with additional functionality, tools, or services such as maps, sending requested information, etc. You acknowledge and agree we are not responsible for the availability of third-party sites, resources, or integrations and do not endorse and are not responsible or liable for any content, advertising, goods, services, or other materials on, available through, or provided by such sites, resources, or integrations.  We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of personal information that you provide, or is collected by, such sites.  We encourage you to review the privacy policies and terms and conditions on those linked sites.

 

6.   DATA SHARING

In general, we will not disclose your PI except with your consent and as described in this Policy. We may disclose your PI for the same reasons that we may use it as described in this Policy, as we deem necessary to carry out those purposes.

For example, we may share or disclose your PI with (a) our affiliated companies and subsidiaries which are directly or indirectly owned by our parent company, Crunch Holdings, LLC; (b) our network of independently owned and operated franchises who have a license to operate a Crunch gym to our standards; (c) at your direction, with separate, specific notice to you, or with your consent; (d) with third-party service providers under appropriate confidentiality and data privacy obligations (only for the purposes identified in  “How We Use Your Data”); (e) in connection with a merger, divestiture, acquisition, reorganization, restructuring, financing transaction or sale of assets pertaining to a business line; (f) as required by law or administrative order, to assert claims or rights, or to defend against legal claims; and (g) to investigate, prevent, or take action regarding suspected or actual illegal activities or to assist law enforcement agencies.

To the extent Crunch uses its affiliates or third-party providers in the provision and operation of its Site, Services, and processing of any Content, including any PI therein, it discloses those parties in the applicable Affiliate or Sub-processor Disclosure in its Trust & Privacy Center (see the “Product Resources” Section).

In no case will we sell or license your PI to third parties, except as set forth above or as required or permitted by law.

 

7.   SECURITY

No system for safeguarding personal or other information is 100% secure. Even though we have taken steps to protect your PI from being intercepted, accessed, used, or disclosed by unauthorized persons, we cannot fully eliminate security risks associated with PI. However, we take a number of steps to safeguard the security of PI obtained through the Site. Crunch has implemented a comprehensive data privacy and security program, which includes appropriate technical and organizational measures designed to safeguard and protect the personal, identifiable, and confidential information we collect or you share with us. Independent third-party auditors have assessed Crunch‘s operations against recognized security standards and controls on a product-specific basis.

 

8.   MOBILE APPS

We provide mobile apps you can download to your smartphone or mobile device. In addition to providing the ability to use, purchase, or request our products and services, our apps may collect personal and other information that will be used or disclosed in accordance with this Policy. We provide a link to this Policy to persons prior to their downloading of any of our apps.

If you allow our mobile apps to access your location information on your device, our mobile apps may use your mobile device’s Global Positioning System (GPS) technology and other technology (such as wireless transmitters known as beacons) to provide you with information and offers based on the location of your device. Beacons allow us to collect information about your location within participating properties by communicating with mobile devices in range. We may use this location information to enhance your experience by delivering push notifications and other content to your mobile device, providing navigation assistance as you move around our locations, and sending you information and offers about products, services, or activities we believe may be of interest to you.

We may share this information with third parties, including business partners and service providers, to provide information, offers, and services that may be of interest to you. You may prevent or limit the collection of location information by changing the settings in the app or by changing your device’s settings.

 

9.   CHANGES

We update this Policy from time to time to reflect changes to our PI handling practices or respond to new legal requirements and will post material updates here. However, if we make any material changes that have a substantive and adverse impact on your privacy, we will provide notice on this website. We encourage you to periodically review this page for the latest information on our privacy practices.

 

9.   CHILDREN’S PRIVACY 

The Site is not directed to children as the products and services on this Site are not intended for persons sixteen (16) years of age or younger.  We intend Crunch’s web pages for general audiences – we do not seek through our Site to gather PI from or about persons sixteen (16) years of age or younger. If you inform us or we otherwise become aware that we have unintentionally received PI from an individual under the age of sixteen (16), we will delete this information from our records.

 

10.   ACCESS REQUESTS

Crunch respects your control over your information, and, upon request, we will confirm whether we hold or are processing PI that we have collected from you. You also have the right to amend or update inaccurate or incomplete PI, request deletion of your PI, or request that we no longer use it. Under certain circumstances, we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort. Still, in any event, we will respond to your request within forty five (45) days and provide you with an explanation.

Please note that for PI about you that we have obtained or received for processing on behalf of a separate, unaffiliated entity – which determined the means and purposes of processing, all such requests should be made to that entity directly. We will honor and support any instructions they provide us concerning your PI.

 

11.   APPLICABLE LAW

This Policy is governed by the internal substantive laws of New York, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of this Policy shall lie exclusively with the state and federal courts within New York. If any provision of this Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Policy, which shall remain in full force and effect.

 

12.   CONTACT US

If you have questions or requests relating to this Policy or your PI, please contact us at www.crunchprivacy.com, which allows you to request online or email at privacy@crunch.com.

If you wish to no longer receive marketing communications from us, you can opt-out of marketing by clicking on the unsubscribe link on any marketing email you receive or at https://info.crunch.com/hs/manage-preferences/unsubscribe-simple

13.   CALIFORNIA RIGHTS

“Shine the Light Law”: If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your PI by Crunch to third parties for the third parties’ direct marketing purposes. Requests may be made one time per calendar year. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g., requests made in 2018 will receive information regarding 2017 sharing activities). You may submit your request using the contact information at the end of this Policy.

“Eraser Law”: If you are a California resident under the age of 18 and a registered user of any site where this Policy is posted, California law permits you to request and obtain removal of content or information you have publicly posted. You may submit your request using the contact information at the end of this Policy. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

California Consumer Privacy Act (“CCPA”): The following CCPA Section supplements and amends the Policy in order to disclose information about our data processing practices as required by the California Consumer Privacy Act of 2018 (“CCPA”). You can download a PDF version here.

This CCPA Section applies solely to individuals who are residents of the State of California (“consumers” or “you”). These CCPA Section describe our policies and practices regarding the collection, use, and disclosure of personal information we collect about you, including personal information we obtain when you access or use the Site, or through other channels including but not limited to visits to our gyms, phone and email conversations, social media interactions on our websites and other third-party websites such as social media sites, viewing our emails, or through our authorized services providers.

Any terms defined within the CCPA have the same meaning when utilized within this CCPA Section. The other provisions of the Policy continue to apply except as modified in this CCPA Section.

This CCPA Section do not apply to

1) personal information we collect about you as a job applicant to, an employee of, owner of, director of, officer of, or contractor of Crunch. 

2) personal information we collect about you as an employee, owner, director, officer, or contractor of a company, partnership, sole proprietorship, non-profit, or government agency when your communications or transactions with Crunch occur solely within the context of the Crunch conducting due diligence regarding or providing or receiving a product or service to or from, such company, partnership, sole proprietorship, non-profit, or government agency.

3) personal information that is lawfully made available from federal, state, or local government records.

Please read this CCPA Section carefully before using the Site or submitting information to us.  By accessing or visiting the Site+, you indicate your understanding that the collection, use, and sharing of your information is subject to the terms of this CCPA Section and our Terms of Use

IF YOU DO NOT CONSENT TO THE COLLECTION, USE, AND SHARING OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THIS CCPA SECTION, PLEASE DO NOT PROVIDE US WITH SUCH INFORMATION.

Accessibility.  Consumers who have a visual disability may be able to use a screen reader or other text-to-speech or text-to-Braille tool to review the contents of this notice. You may also contact privacy@Crunch.com if you wish to obtain a copy of this CCPA Section in an alternative format.

Personal Information. We have set out below the categories of personal information we have collected about California residents in the preceding twelve (12) months and, for each type of personal information collected, the categories of sources from which that information was collected, the business or commercial purposes for which the information was collected, and the categories of third parties with whom we shared the personal information. We may add to the categories of PI we collect and the purpose we use personal information. In that case, we will inform you by posting an updated version of this CCPA Section on the Site.

 

Category of personal information	We collected such personal information to use for the following business or commercial purposes:	We have collected such personal information from the following categories of sources:	We shared* such personal information with the following categories of third parties: *Sharing may be based on your instructions (e.g., through your use of a Service, a social media widget, third-party integration, etc.).
Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.	To provide, operate, and support our website and related Services; to address and respond to service, security, and customer support issues; to detect, prevent, or otherwise address technical issues; to detect, prevent, or otherwise address fraud, security issues, and unlawful activities; to comply with applicable law; to fulfill and perform contractual agreements and obligations; to improve and enhance our website and related Services; to provide analysis or valuable information back to our customers and users; to update, maintain, use and analyze our records; to identify prospects for marketing and provide products, services, ads and other communications that may be of interest to you; and to understand how you use our website, what you like and dislike, and where you may have run into problems which need to be addressed.	Directly or indirectly from the California resident. Directly or indirectly from other publicly available websites with permissible terms and conditions, customers, and business partners. In a business-to-business context, from the business that employs the California resident.	Affiliates. Vendors and service providers, including data analytics and marketing, and advertising our products and services to you. Reseller and channel partners (e.g., when a reseller sells or provides referrals for Crunch Services and/or third-party partners offer bundles with Crunch services). Third parties integrated into our Services. Third parties as required by law or administrative orders and similar disclosures. Third parties in connection with a merger, divestiture, sale, or asset transfer. Third-party links and widgets (e.g., social media widgets). Other third parties for whom we have obtained your permission to disclose your personal information.
Any categories of personal information described in subdivision (e) of Section 1798.80: “Personal information” means any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, their name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. “Personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.”	To provide, operate, and support our website and related Services; to address and respond to service, security, and customer support issues; to detect, prevent, or otherwise address fraud, security issues, and unlawful activities; to comply with applicable law; to fulfill and perform contractual agreements and obligations; to provide analysis or valuable information back to our customers and users; to update, maintain, use and analyze our records; and to identify prospects for marketing and provide products, services, ads and other communications that may be of interest to you. For the avoidance of doubt, Crunch will not use your information in a manner inconsistent with or contrary to its original purposes of collection – sometimes called an ‘incompatible purpose.’ Many of the information types in the preceding definition are statutory but not requested, required, or utilized by Crunch either at all or for an inconsistent business purpose or otherwise.	Directly or indirectly from the California resident. Directly or indirectly from other publicly available websites with permissible terms and conditions, customers, and business partners. In a business-to-business context, from the business that employs the California resident.	Affiliates. Vendors and service providers, including data analytics and marketing, and advertising our products and services to you. Reseller and channel partners (e.g., when a reseller sells or provides referrals for Crunch Services and/or third-party partners offer bundles with Crunch Services). Third parties integrated into our Services. Third parties as required by law or administrative orders and similar disclosures. Third parties in connection with a merger, divestiture, sale, or asset transfer. Third-party links and widgets (e.g., social media widgets). Other third parties for whom we have obtained your permission to disclose your personal information.
Characteristics of protected classifications under California or federal law, including age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth, and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	N/A (subject to statutory exceptions described in Section I above)	N/A (subject to statutory exceptions described in Section I above)	N/A (subject to statutory exceptions described in Section I above)
Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	To provide, operate, and support our website and related Services; to address and respond to service, security, and customer support issues; to detect, prevent, or otherwise address fraud, security issues, and unlawful activities; to comply with applicable law; to fulfill and perform contractual agreements and obligations; to update, maintain, use and analyze our records; and to identify prospects for marketing and provide products, services, ads and other communications that may be of interest to you.	Directly or indirectly from the California resident. Directly or indirectly from other publicly available websites with permissible terms and conditions, customers, and business partners. In a business-to-business context, from the business that employs the California resident.	Affiliates. Vendors and service providers, including data analytics and marketing, and advertising our products and services to you. Reseller and channel partners (e.g., when a reseller sells or provides referrals for Crunch Services and/or third-party partners offer bundles with Crunch Services) Third parties integrated into our Services. Third parties as required by law or administrative orders and similar disclosures. Third parties in connection with a merger, divestiture, sale, or asset transfer. Third-party links and widgets (e.g., social media widgets). Other third parties for whom we have obtained your permission to disclose your personal information.
Biometric information.	N/A	N/A	N/A
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 Web site, application, or advertisement.	To provide, operate, and support our website and related services; to address and respond to service, security, and customer support issues; to detect, prevent, or otherwise address technical issues; to detect, prevent, or otherwise address fraud, security issues, and unlawful activities; to improve and enhance our website and related services; to provide analysis or valuable information back to our customers and users; to identify prospects for marketing and provide products, services, ads and other communications that may be of interest to you; and to understand how you use our website, what you like and dislike, and where you may have run into problems which need to be addressed.	Directly or indirectly from the California resident. Directly or indirectly from other publicly available websites with permissible terms and conditions, customers, and business partners. In a business-to-business context, from the business that employs the California resident.	Affiliates. Vendors and service providers, including data analytics and marketing, and advertising our products and services to you. Reseller and channel partners (e.g., when a reseller sells or provides referrals for Crunch Services and/or third-party partners offer bundles with Crunch Services). Third parties integrated into our Services. Third parties as required by law or administrative orders and similar disclosures. Third parties in connection with a merger, divestiture, sale, or asset transfer. Third-party links and widgets (e.g., social media widgets). Other third parties for whom we have obtained your permission to disclose your personal information.
Geolocation data.	To provide, operate, and support our website and related Services; to address and respond to service, security, and customer support issues; to detect, prevent, or otherwise address technical issues; to detect, prevent, or otherwise address fraud, security issues, and unlawful activities; to comply with applicable law; and to fulfill and perform contractual agreements and obligations;	Directly or indirectly from the California resident. Directly or indirectly from other publicly available websites with permissible terms and conditions, customers, and business partners. In a business-to-business context, from the business that employs the California resident.	Affiliates. Vendors and service providers, including data analytics and marketing, and advertising our products and services to you. Reseller and channel partners (e.g., when a reseller sells or provides referrals for Crunch Services and/or third-party partners offer bundles with Crunch Services). Third parties integrated into our Services. Third parties as required by law or administrative orders and similar disclosures. Third parties in connection with a merger, divestiture, sale, or asset transfer. Third-party links and widgets (e.g., social media widgets). Other third parties for whom we have obtained your permission to disclose your personal information.
Audio, electronic, visual, thermal, olfactory, or similar information.	N/A	N/A	N/A
Professional or employment-related information.	N/A (subject to statutory exceptions described in Section I above)	N/A (subject to statutory exceptions described in Section I above)	N/A (subject to statutory exceptions described in Section I above)
Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 USC section 1232g, 34 CFR Part 99)	N/A (subject to statutory exceptions described in Section I above)	N/A (subject to statutory exceptions described in Section I above)	N/A (subject to statutory exceptions described in Section I above)
Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes	To provide, operate, and support our website and related Services; to detect, prevent, or otherwise address fraud, security issues, and unlawful activities; to improve and enhance our website and related services; to identify prospects for marketing and provide products, services, ads and other communications that may be of interest to you; and to understand how you use our website, what you like and dislike, and where you may have run into problems which need to be addressed.	Based on personal information collected from the categories of sources described above.	Affiliates. Vendors and service providers, including data analytics and marketing, and advertising our products and services to you. Reseller and channel partners (e.g., when a reseller sells or provides referrals for Crunch Services and/or third-party partners offer bundles with Crunch Services). Third parties integrated into our Services. Third parties as required by law or administrative orders and similar disclosures. Third parties in connection with a merger, divestiture, sale, or asset transfer. Third-party links and widgets (e.g., social media widgets). Other third parties for whom we have obtained your permission to disclose your personal information.

 

Your Rights Under the CCPA.  The CCPA provides California consumers with the following rights, subject to certain exceptions:

1.       Right to Request Deletion of Personal Information. You have a right to request the deletion of personal information we collect or maintain about you, subject to certain exceptions. To submit a request to delete personal information or information on our self-service data deletion procedures (where available), please visit our Crunch Support portal here or submit an email request to privacy@Crunch.com and include “California Request to Delete” in the subject line. Please specify in your request the personal information about you that you would like to have deleted, which can be all of your personal information as required by the CCPA.

Upon receipt of a verifiable consumer request (see below), and as required by the CCPA, we will ask you to confirm that you wish to delete your personal information. Once confirmed, we will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.

2.       Right to Know. You have the right to request that Crunch disclose the following to you as it relates to the 12 months preceding our receipt of your verifiable consumer request: 

a.       The categories of personal information we have collected about you.

b.       The categories of sources from which the personal information was collected.

c.       The business or commercial purpose for collecting or selling personal information.

d.       The categories of personal information we disclosed or sold for a business purpose.

e.       The categories of third parties we disclosed or sold PI to by the category of personal information.

f.        The specific pieces of personal information we collected about you.

 

3.       Right to Opt Out of the Sale of Personal Information. You have the right to opt-out of the sale of your personal information by a business. We have not and do not sell your personal information.

 

4.       Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights.  We will not discriminate against you for exercising any of your CCPA rights. For example, we generally will not provide you with a different level or quality of goods or services if you exercise your rights under the CCPA.

 

Verifiable Requests. We reserve the right to only respond to verifiable consumer requests.  A verifiable consumer request is one made by any individual who is:

a.       the consumer who is the subject of the request,

b.       a consumer on behalf of the consumer’s minor child, or

c.       by a natural person or person registered with the Secretary of State authorized to act on behalf of a consumer.

If we request, you must provide us with sufficient information to verify your identity and/or authority to act on behalf of a Consumer. In general, we may ask you to provide identifying information that we already maintain about you, or we may use a third-party verification service. In either event, we will try to avoid asking you for sensitive personal information to verify your identity. We may not 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.  However, making a verifiable consumer request does not require you to create an account with us.

You will need to describe your request with sufficient detail to allow us to review, understand, assess, and respond.  We will not use the personal information we collect from an individual to determine a verifiable request for any other purpose, except as required by law.

We reserve the right to charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded. If we determine that a request warrants a fee, we will attempt to notify you as to why we made that decision and provide a cost estimate before completing your request. We will attempt to respond to a verifiable consumer request within forty-five (45) days of receipt, but we may require up to ninety (90) days to respond. Under these circumstances, we will notify you of the need for an extension. 

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 provide our written response by mail or electronically at your option.  Any disclosures we provide will only cover the 12 months preceding the receipt of your verifiable consumer request. The answer we provide will also explain why we cannot comply with a request, if applicable. To the extent permitted by the CCPA, we will respond to no more than two requests during any 12-month period.

Authorized Agent. You may authorize a natural person or a business registered with the California Secretary of State to act on your behalf with respect to the right under these CCPA Disclosures. When you submit a Request to Know or a Request to Delete, unless you have provided the authorized agent with a qualifying power of attorney, you must provide your authorized agent written permission (signed by you) to act on your behalf and verify the authorized agent’s identity with us. We reserve the right to deny requests from persons or businesses claiming to be authorized agents that do not submit sufficient proof of their authorization.

 

TO SUBMIT THE ABOVE REQUESTS, EACH OF WHICH IS SUBJECT TO OUR VERIFICATION, YOU MAY CONTACT US  AT:   Privacy@crunch.com

Contact for More Information.  If you have questions or concerns regarding this CCPA Section, our Policy, or practices, you may contact us using the following

Visit us @ www.crunchprivacy.com

                                Or

Email address: privacy@Crunch.com

 

14.   NEVADA RESIDENTS

If you are a Nevada resident, you may have the following additional rights. Terms used in this Nevada section shall have the meaning ascribed to them by the applicable data protection law, including the definition of “sale” and “covered information.” 

Do Not Sell. We do not sell your covered information; however, Nevada law requires us to notify you of your right to submit a verified request instructing us not to sell any of the covered information we have collected about you or will collect about you through our website. To submit your request, you may contact us at privacy@Crunch.com

 

15.   EUROPEAN ECONOMIC AREA RESIDENTS

 

The following section (“EEA Section”) applies solely to individuals located in the European Economic Area (“EEA”) when they access or use our Site. This EU Section describes our policies and practices regarding the collection, use, and disclosure of personal data we collect about you directly or indirectly through the Site.

 

This EEA Section supplements and amends the information contained in the Site Policy with respect to individuals located in the EU. The other provisions of the Site Policy continue to apply except as modified in this EU Section. Any terms defined within the EU GDPR have the same meaning when utilized within this EU section.

 

For purposes of applicable data protection laws, Crunch is the data controller of the personal data we collect through this Site. As data controller, we process your personal data in accordance with this EU Section. If you have any questions, you may contact us at privacy@crunch.com. 

 

Categories of Personal Data. We may process the categories of personal data as set forth in Sections 2 and 14 of the Site Policy and below. You are not required to provide any of this personal data; however, if you choose not to provide certain requested information, you may be unable to access some of the services, offers, and content on the Site. 

 

Purpose and Legal Basis for Processing. We may process your personal data for a variety of purposes as outlined in this EU Section and the Site Policy.  In general, we may process your personal data based on one or multiple legal bases such as your consent, our legitimate interests, for performance of a contract with you, public interest or to meet legal obligations. The following chart identifies the purposes and legal bases we rely on for processing your personal data.

 

You may obtain information regarding how we assess our legitimate interests or object to our processing your personal data when we rely on our legitimate interests by contacting us at privacy@crunch.com. 

Personal Data	Purpose for processing	Legal basis for processing
Identity data Contact data Profile data	To create a user profile or account To provide customer support To send information you have requested To register and facilitate your participation in our events or activities To communicate with you For research and development For fraud prevention To improve Site usage For IT and website administration and security For legal compliance, respond For other everyday business purposes such as payment processing and financial account management, product development, contract management, fulfillment, corporate governance, reporting and legal compliance, and public safety purposes. For marketing and advertising.	Performance of a contract Legal or regulatory requirements Legitimate interests (e.g., operating and improving the Site, research and development, customer engagement, marketing) Consent
Usage data Technical data	To enable your use of the Site. To monitor usage of the Site. For analytics and improvement. For our research and development efforts. To ensure that content from our Site is presented most effectively to you and your device. For marketing and advertising.	Legitimate interests (e.g., operating and improving the Site, research and development, customer engagement, marketing) Consent
Marketing and Communications data	For marketing and advertising including showing ads on the Site using data from advertising technologies such as web beacons, pixels, ad tags, cookies, device identifiers; to measure or understand the effectiveness of advertising we provide; to deliver relevant advertising to you; or for interest-based advertising	Legitimate interests (e.g., operating and improving the Site, research and development, customer engagement, marketing) Consent

 

We will only process your personal data for the purpose for which we collected it and for further purposes only if we deem them compatible with that original purpose.

 

Data Subject Rights. Under the EU GDPR, you have certain rights, subject to limitations. These include the right to:

1. Access or request a copy of your personal data
2. Correct incomplete or inaccurate personal data we hold about you
3. Restrict the processing of your personal data
4. Object to the processing of your personal data carried out in the public interest, based on our legitimate interest of those of a third party, or for purposes of direct marketing
5. Request the erasure or deletion of your personal data
6. Receive your personal data in a structured commonly used machine-readable format and have that data transmitted to a data controller of your choosing
7. Withdraw your consent to the processing of your personal data at any time
8. Not to be subject to automated decisions where the decision produces a legal effect or similarly significant effect
9. Lodge a complaint with the appropriate authority in your jurisdiction.

 

To exercise any of these rights, please contact us Privacy@crunch.com. 

 

Retention.  We retain your personal data only for the period of time needed to fulfill the purposes stated in this EU Section and Site Policy subject to applicable legal, accounting, or reporting obligations. We may also need to retain your personal data for legitimate business needs such as investigating a claim. In order to determine how long we retain your personal data, we consider the nature and sensitivity of your personal data, our purpose for collecting, storing, and processing the data, the potential risk of harm to the privacy and security of your personal data, and applicable legal retention requirements.    

 

International Transfers. We may share your personal data within our company or with our subsidiaries, which may involve transferring your personal data out of the EU. When we transfer your personal data out of the EU, we endeavor to ensure it receives a similar degree of protection as provided by the data protection laws of your jurisdiction. To obtain additional information on the mechanism we use to transfer your personal data, please contact us at Privacy@crunch.com. 

 

Contact Us. If you have any questions regarding this EU Section or your personal data, you may contact us at: crunchprivacy@crunch.com