Important Note for Gym Members

This Privacy Policy is primarily directed toward ABC’s business customers, including gyms, trainers, and fitness studios, when ABC acts as a controller of personal information for its own business operations.

If you are a member of a gym or fitness club, or work with a trainer that uses ABC’s platforms, including Trainerize, Glofox, EVO, GymSales, or Ignite, your gym or fitness business controls the personal information collected about you through the mobile application or platform. ABC processes that information solely on behalf of and under the instructions of the applicable gym or fitness business.

Section 2A and related provisions of this Privacy Policy describe the categories of personal information that may be processed within white labeled applications for transparency and mobile platform compliance purposes. However, your gym or fitness business determines how your personal information is used and is responsible for responding to privacy rights requests. For information about how your personal information is handled, please consult your gym’s or fitness business’s privacy policy.

Train Insane; No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

1. Scope and Responsible Entity

ABC Fitness Solutions, LLC (and 3287646 Nova Scotia Company) and our affiliated entities – TSR Gym Technik Ltd dba Trainerize, Zappy Limited dba Glofox, EVO W12 Inovanious USA, LLC, and GymSales Software Pty Ltd (collectively “ABC,” “we,” “us,” or “our”) – are committed to protecting your privacy.

This Privacy Policy applies only when ABC acts as a controller or business, meaning when we determine the purposes and means of processing personal information for our own business operations. This includes:

• Operating our websites and social media pages

• Business-to-business marketing and communications with gym owners and partners

• Managing customer accounts, billing, and support

• Product analytics using de-identified data

• Corporate operations and vendor management

• Managing online communities for gym owners, partners, trainers, and members/trainees

When ABC acts as a processor or service provider on behalf of customers, the customer controls the personal information and is responsible for its privacy practices. Section 2A describes the categories of personal information processed in that capacity for transparency purposes, but ABC does not determine the purposes and means of such processing.

When ABC acts as a payment facilitator on behalf of customers, the applicable payment terms and privacy disclosures provided in connection with those services govern that processing.

2. What Personal Information We Collect

When You Interact With Us

If YouWe CollectExpress interest in our services, request support, use “Contact Us” features, register for communications, sign up for events/webinars/contests, participate in training/certification, use our products, or work for one of our customersName, job title, company name, address, phone number, email, username, password, and other information you shareMake purchases or register for paid eventsBilling name and address, credit card number or bank account informationAttend our eventsBadge information (name, title, company, contact details), photo and video.Join our communities or participate in programsUsername, photo, video, occupation, location, social media profiles, company name, areas of expertise and interestsUse our websites, emails, or servicesIP addresses, device identifiers, browser type, pages visited, email engagement, usage patterns through cookies and similar technologiesCall usName, voice, and any other information you shareVisit our officesName, email, phone, company name, arrival time/date, photo or videoComplete surveys or researchAny information you provide, including special categories of data if you voluntarily choose to provide itAre a supplier or service provider to ABCContact information, payment and billing information, third-party audit information, and/or other information you may share during the vetting process.

Information From Other Sources

We also collect business contact information from third-party providers (mailing addresses, job titles, email addresses, phone numbers, intent data, IP addresses, social media profiles) for targeted advertising, content delivery, and identifying potential customers.
We may collect publicly available information online for business development and marketing purposes.

Device and Usage Data

We automatically collect device information (IP address, device IDs, browser type, operating system) and usage information (pages viewed, features used, actions taken, timestamps) when you use our websites and services. This helps us operate, secure, and improve our offerings.

2A. Personal Information Processed in White-Labeled Mobile Applications (Processor Role)

ABC provides white-labeled mobile applications and related services to gyms, fitness studios, and trainers. When individuals use a white-labeled mobile application powered by ABC (including applications built on Trainerize, Glofox, EVO, GymSales, Ignite, or related platforms), ABC processes personal information solely on behalf of and under the instructions of the applicable customer.

In these circumstances:

• The customer determines the purposes and means of processing.

• ABC acts as a processor or service provider.

• ABC does not independently control member or trainee data collected within the application.

The categories of personal information that may be processed within white-labeled applications include the following, depending on the configuration selected by the customer and permissions granted by the user:

CategoryTypes of Data ProcessedAccount and Identity InformationName, email address, username, password, phone number, profile photoFitness and Wellness InformationWorkout plans, exercise logs, training progress, fitness assessments, nutrition plans, meal tracking informationHealth Metrics and Activity DataHeart rate, resting heart rate, steps, sleep data, body fat percentage, weight, blood pressure, active calories burned, total calories burned, exercise activity, distance traveledCommercial InformationMembership status, purchases, subscription information, transaction recordsUser-Generated ContentMessages between members and trainers, uploaded images, videos, comments, feedbackDevice and Usage InformationIP address, device identifiers, operating system, app usage data, timestampsLocation InformationGeneral location derived from IP address; precise location only if user permission is grantedThird-Party Integration DataFitness and activity data imported at user direction from services such as Fitbit, Garmin, Withings, MyFitnessPal, EGYM, Apple Health, Android Health Connect, YouTube, or similar platforms

Where integrations with third-party health or fitness services are enabled, data is accessed only with the user’s authorization and may be disconnected by the user at any time through the applicable service settings.

Not all white-labeled applications collect all categories listed above.

Certain information processed within white-labeled applications — including health metrics and fitness activity data — may constitute sensitive personal information under applicable privacy laws. ABC processes such information solely as a processor or service provider and does not sell or use such information for cross-context behavioral advertising. ABC does not use such information for its own independent marketing purposes.

3. How We Use Personal Information

We process personal information for the following purposes and legal bases:

PurposeLegal BasisOperating and improving our websites and servicesLegitimate interest in providing and improving our servicesCreating and managing customer accounts, billing, paymentsPerformance of contractProviding customer support and responding to inquiriesPerformance of contract or legitimate interest in customer serviceSending marketing communications about our products and servicesLegitimate interest in direct marketing or consent where requiredPersonalizing your experience and delivering targeted advertisingLegitimate interest or consent where requiredManaging event registrations and attendancePerformance of contractRecording calls for quality and trainingConsent where required or legitimate interestConducting product analytics and business intelligenceLegitimate interest in business operationsDeveloping AI features using de-identified dataLegitimate interest in product developmentDetecting fraud and maintaining securityLegitimate interest in security and protecting our rightsComplying with legal obligationsLegal obligation

For personal information processed within white-labeled mobile applications as described in Section 2A, ABC processes such information solely to provide hosting, infrastructure, technical support, security, analytics (where de-identified), and services related to the applicable customer, in accordance with contractual obligations. ABC does not independently determine the purposes for which such information is used.

4. How We Share Personal Information

The foregoing applies only when ABC acts as a controller. We share personal information with:

Service Providers: Companies that provide IT, hosting, payment processing, analytics, marketing, events, customer support, and AI services on our behalf.

ABC Affiliates: Our affiliated companies (Trainerize, Glofox, EVO, GymSales, Ignite) for customer support, marketing, technical operations, and account management.

Business Partners: Partners who offer complementary services or resell our products (with your consent where required).

Professional Advisers: Lawyers, bankers, auditors, and insurers who provide professional services to us.

Acquirers: In connection with a merger, acquisition, or sale of assets.

Legal Authorities: When required by law or to protect our rights and the rights of others.

Advertising Networks: We share identifiers and internet activity information with advertising networks to deliver targeted ads on third-party platforms.

We do not sell personal information. We may share aggregated or de-identified data that does not identify you.

In relation to products used by our customers, such as ABC GymSales or ABC XLerate, any SMS consent or mobile information collected through the use of provided products or services will not be shared with our affiliates or our third parties for marketing or promotional purposes, other than with the applicable customer. ABC does not use such information for its own independent marketing purposes.

4A. Sharing on White-Labeled Applications

For personal information processed within white-labeled mobile applications on behalf of customers (Section 2A), ABC shares such information only with:

• The applicable customer and its authorized trainers or staff;

• Service providers engaged by ABC under contractual obligations; or

• Third-party integrations at the direction of the user or customer.

ABC does not sell or share member health or fitness data for advertising purposes.

5. Cookies and Tracking Technologies

We use cookies, web beacons, pixels, and similar technologies on our websites to provide functionality, analyze usage, and deliver personalized content and advertising.

Types of Cookies:

• Required Cookies: Essential for website functionality (login, security). You cannot opt out of these.

• Functional Cookies: Analyze site traffic and improve user experience. Manage via Cookie Preferences link in website footer.

• Advertising Cookies: Deliver targeted advertising. Manage via Cookie Preferences link or opt out through Network Advertising Initiative or Digital Advertising Alliance.

You can also control cookies through your browser settings, but blocking cookies may limit website functionality.

6. International Data Transfers

We operate globally with offices in the United States, Europe, Canada, Australia, India, and Brazil. Your personal information may be transferred to and processed in these and other countries.

For data originating from the EEA, UK, or Switzerland, we use:

• An intragroup transfer agreement between ABC entities

• Standard Contractual Clauses with service providers and vendors

• Adequacy decisions where available

• Data Processing Agreements with appropriate safeguards

For more information or to obtain a copy of our transfer safeguards, contact us at the address in Section 11.

7. De-identified and Anonymized Data

We may de-identify or anonymize personal information by removing or altering identifying information. Once data is de-identified or anonymized, so it no longer reasonably identifies you, it is no longer personal information under privacy laws.

We may use de-identified or anonymized data without restriction for:

• Product analytics and improvement

• Developing AI and machine learning features

• Industry benchmarking and research

• Creating aggregated insights and reports

• Business modeling and forecasting

We implement technical and organizational measures to prevent re-identification.

8. Artificial Intelligence

ABC uses artificial intelligence in certain product features. We use de-identified or anonymized data for AI development and analytics.

9. Your Rights and Choices

Depending on your location, you may have rights to:

• Access your personal information

• Correct inaccurate personal information

• Delete your personal information

• Restrict or object to processing

• Data portability (receive your data in portable format)

• Opt out of marketing communications

• Opt out of targeted advertising

• Withdraw consent where processing is based on consent

• Not be discriminated against for exercising these rights

If you are a member or trainee using a white-labeled mobile application powered by ABC, the gym or fitness business with which you have a relationship controls your personal information. To exercise privacy rights relating to information processed within the application (including access, correction, or deletion), please contact that gym or fitness business directly. ABC will assist its Customers in responding to such requests in accordance with applicable law and contractual obligations.

How to Exercise Your Rights

Contact us using the information in Section 11. We will respond within one month unless otherwise required by law.

To update account information, log into your account. To unsubscribe from marketing emails, click “unsubscribe” in any marketing email or text ‘STOP’ to SMS messages.

To opt out of targeted advertising, use the Cookie Preferences link in our website footer or visit the Network Advertising Initiative or Digital Advertising Alliance.

California Residents

California residents have specific rights under the California Consumer Privacy Act (CCPA), including the right to know what personal information we collect, use, and disclose; the right to delete personal information; and the right to opt out of sharing personal information for targeted advertising.

Categories of Personal Information We Collect: Identifiers, commercial information, internet activity, financial information, professional information, visual information, and inferences.

We Do Not Sell Personal Information. We may share identifiers and internet activity information with advertising networks to deliver targeted ads on third-party platforms. To opt out, use the Cookie Preferences link on our website.

To exercise your California privacy rights, contact us using the information in Section 11.

Canadian Residents

We comply with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and applicable provincial privacy laws. Canadian residents can contact our Privacy Officer at privacy@abcfitness.com or file a complaint with the Office of the Privacy Commissioner of Canada at www.priv.gc.ca.

Brazilian Residents

We comply with Brazil’s Lei Geral de Proteção de Dados (LGPD). For questions or to exercise LGPD rights, contact privacy@abcfitness.com.

Australian Residents

We comply with the Australian Privacy Act 1988. Australian residents can lodge complaints with us at privacy@abcfitness.com or with the Office of the Australian Information Commissioner at www.oaic.gov.au.

European Economic Area, United Kingdom, and Switzerland

For individuals in the EEA, UK, or Switzerland, we comply with the General Data Protection Regulation (GDPR) and equivalent laws. You have the rights listed above, including the right to lodge a complaint with your local data protection authority. A list of data protection authorities may be found at this link.

10. Data Retention and Security

Retention: We retain personal information as long as necessary to fulfill the purposes described in this Policy, comply with legal obligations, and resolve disputes. Retention periods depend on the amount, nature, and sensitivity of data, the purposes for processing, and legal requirements.

For personal information processed within white-labeled mobile applications, retention is determined by the applicable customer and ABC processes such information in accordance with contractual instructions.

Security: We implement administrative, technical, and physical safeguards to protect personal information from unauthorized access, disclosure, alteration, and destruction. However, no system is 100% secure.

11. Contact Us

Data Protection & Compliance Officer: Kathleen Kruger

For questions about this Privacy Policy or to exercise your rights:

ABC Fitness Solutions, LLC
2600 N. Dallas Parkway, Suite 590
Frisco, TX 75034
Email: privacy@abcfitness.com

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will update the “Effective Date” at the top and, for material changes, provide additional notice such as posting on our website or contacting you directly.

13. Children’s Privacy

Our services are primarily intended for business use by gym owners, fitness professionals, and adult consumers. We do not knowingly collect personal information from children under 13 (or under 16 in the EEA/UK) without verified parental consent. Parents and guardians can contact us at their gym, fitness club, or trainer directly to review, update, or delete their child’s information.