APP PRIVACY STATEMENT

Blink Holdings, Inc. and its affiliates and subsidiaries operating under the BLINK FITNESS brand (collectively, “Blink Fitness”, “we”, “us”, and “our”) respect your privacy and use your personal data in an effort to fulfill our commitment to offering and providing unparalleled member service. This App Privacy Statement (“Privacy Statement”) describes our privacy practices in connection with the “Blink Check-In” application made available by Blink Fitness for download and use on mobile, tablet, smart watch and other personal devices, and the features, functionalities, services and content made available through such application (collectively, the “App”).

When we refer to “personal data” in this Privacy Statement, we mean any information relating to an identified or identifiable natural person.

By using the App, and the features and services made available through the App, you are acknowledging that you have read and understand the practices contained in this Privacy Statement.

Effective Date: This Privacy Statement was last updated on: August 8, 2018

DATA WE COLLECT THROUGH THE APP:

Information You Provide to Us: We collect personal data from you when you provide it to us directly through the App. This information includes your member ID or member barcode number and either your zip code or your last name.

When you use the App, the App accesses certain information contained in our membership system to allow you to check into our gyms, including the check-in barcode associated with your account, your last name, your home gym, and the type of plan in which you are enrolled (e.g., Gray, Green, Blue, etc.)

Finally, if you elect to send us feedback through the App, the App accesses the email address associated with your account in our membership system to populate the feedback form, and we collect any information you may provide to us through the feedback form.

Information Collected Automatically: The App uses certain common analytics and logging tools, including Google Analytics and FireBase, to automatically collect certain data about your device and your use and interaction with the App. This includes information about how you use and interact with the App, such as the time and duration of use, the App pages, features and content you access, and how you interact with those pages, features and contents. This includes clickstream information (how you navigate through and use the App), page response times, and download errors.

In addition, when you download and use the App, we automatically collect information about your Internet connection, browser, and computer or mobile device, including the IP address, Internet service provider or mobile network provider, unique device identifier, operating system information, general location information such as region and/or time zone, and similar data about the device and network you use to access the App.

HOW WE USE PERSONAL DATA:

We use your personal data to provide you with the services, products and information you request, including allowing you to check in using the App, administer your membership, respond to your inquiries and questions, deliver a more relevant and curated experience with Blink and our clubs and App, and to satisfy our other business purposes and needs.

We use your personal data for these purposes because we have a legitimate business interest in providing and marketing services to our members, guests and other interested individuals that is not overridden by your interests, rights and freedoms to protect personal data about you.

In particular, we may use your personal data in connection with:

Transaction Fulfillment: We process your personal data to permit you to use and enjoy the benefits of our services, to provide you with the goods, services or information you have requested or ordered, and to respond to your inquiries, requests and comments.

Membership Administration: We process your personal data as necessary to perform our contractual relationship with you as a member or recipient of certain ancillary services such as personal training, including by providing you with administrative and operational communications, announcements and information such as information regarding changes to club hours, online purchases, service alerts, billing notifications and appointment reminders. We reserve the right to use any contact information held on file (including email, mailing address, and telephone or mobile phone) to communicate with you in relation to administering your membership or ancillary services.

Promotional and Marketing Materials: We use personal data that you have previously provided to us to provide special offers, promotions and information about Blink and our service offerings to you through the App and through other means. We may also send you newsletters and information about products, services and promotions of our business partners and affiliates. Where required by applicable law or legal requirements, we will obtain your consent to send you marketing communications. If you do not wish to receive any marketing emails, you can opt out of future mailings by clicking on the unsubscribe link located on the bottom of the relevant email. Although we strive to update our email list as frequently as possible, you might receive another contact before we are able to remove you from our lists. If you are a member, please note that even if you opt-out of receiving promotional or marketing emails, you will continue to receive administrative and operational communications regarding your membership, including receipts and confirmations of purchase and notices regarding billing or club closures, as described above.

Personalized Experience: If you are a member, we may use your personal data to deliver a more relevant and curated experience to you, including by recommending services or content we think you will enjoy. As part of our efforts to provide a more personalized experience, we may combine personal data collected through the App with other information that we have collected from you in the course of your relationship with Blink and access to and use of the clubs.

Business Purposes: We use personal data for our legitimate business purposes, including: to operate, evaluate and improve our business and services; develop new businesses, services and solutions; perform market research; advertise and market our business, services and solutions; determine the effectiveness of our advertising and marketing; analyze our businesses, services, solutions and App; and improve security. This may include aggregating information regarding you across our entire user base or part of our user base.

We may also use your personal data to protect us against and prevent fraud, theft, misuse of our App, clubs, and services, and other legal claims, and other liabilities and to comply with or enforce applicable legal requirements, industry standards, and our policies and terms. We use personal data for these purposes when it is necessary to protect, exercise or defend our legal rights, or when we are required to do so by a law or legal requirement that applies to us.

HOW WE SHARE YOUR PERSONAL DATA:

Except as described in this Privacy Statement or in other situations where we have otherwise provided you with prior notice and, to the extent required by applicable law, obtained your consent, Blink does not sell, rent or otherwise share your name, e-mail address, or any other personally identifiable personal data to unaffiliated third parties. We may, however, share your personal data for the following reasons and with the following persons:

Agents and Service Providers: We may share personal data with other affiliates, companies and individuals who perform services or functions on our behalf, including providers who help Blink maintain the App, provide services, send postal mail and e-mail, manage and update member lists and records, analyze data, provide marketing assistance and facilitate customer service. We require all our service providers to only access and use your personal data to perform their services for us. However, in certain instances service providers may use aggregated and/or demographic information for their reasonable business purposes such as improving their products or services or for statistical reporting.

Affiliates: We may share your personal data with other Blink entities and affiliated companies for our legitimate business purposes, such as administering our databases, providing you with services and products you have requested and otherwise administering your membership, providing services to and on behalf of affiliated Blink companies, and sending you information you have requested or we think you may like about our affiliates’ services, products or solutions.

Compliance and Protection: We may disclose your personal data as required or permitted by law or legal process, including to respond to a court order or a request from a governmental or law enforcement agency; in connection with an investigation of suspected or actual fraudulent or illegal activity; to enforce or apply our membership agreement, terms of use or other agreements we may have with you; and where we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or otherwise protect the rights, property, or safety of Blink, its affiliates, our users, members or employees, or others.

Corporate Transactions: In the event of a reorganization, merger, sale dissolution or liquidation of Blink or any of its affiliates or assets, we may disclose and/or transfer any and all personal data we have to the relevant third party, affiliate, or acquiring party.

Aggregated Information: We may also share aggregated statistical data with our business partners and prospective business partners that includes your demographic information or other information such as how you interact with Blink but does not identify you. We reserve the right to provide any and all such aggregated and de-identified data to third parties.

PROTECTING PERSONAL DATA

We employ physical, technical, and organizational safeguards designed to promote the security of our systems and protect the confidentiality, integrity, availability, and resilience of personal data.

However, no method of safeguarding information is completely secure. While we use measures designed to protect personal data, we cannot guarantee that our safeguards will be effective or sufficient. In addition, you should be aware that Internet data transmission is not always secure, and we cannot warrant that information you transmit utilizing the App is or will be secure.

DO NOT TRACK

Blink Fitness does not currently allow third parties to collect personal data about an individual user’s online activities over time and across different websites when that individual uses the App and therefore the App does not respond to web browser “do not track” signals.

NOTICE OF CALIFORNIA PRIVACY PRACTICES

If you are a California resident, you have a right to request a notice describing the categories of personal data we share with third parties for their direct marketing purposes and the names and address of the third parties to which we have disclosed personal data about you for their own direct marketing purposes within the past year. You may make one request per calendar year, free of charge, and the information may be provided in a standardized format which is not specific to you individually. Requests must be sent as provided below.

In your request, please attest to the fact that you are a California resident and provide a current California address for your response.

You may request this information in writing by contacting us at: Blink Holdings, Inc., 386 Park Ave South, 11th floor, New York, NY 10016, Attention: Legal Department, California Privacy Rights or at privacy@blinkfitness.com with the subject line: “California Privacy Rights.”

Please allow up to thirty (30) days for a response.

USE BY ADULTS AND TEENAGERS:

Blink Fitness offers membership to individuals who are at least eighteen (18) years of age. However, teenagers that are at least sixteen (16) years of age may also join with the valid written consent of a parent or legal guardian. Similarly, the App is intended for use by adults and you must be at least eighteen (18) years of age or, for teenagers ages sixteen (16) and older, have valid parental consent, to use the App and provide personal data to Blink. The App is not intended for children under the age of sixteen (16), and we do not knowingly collect or store any personal data from children under the age of thirteen (16).

LINKS TO THIRD PARTY SITES AND APPS:

The App may contain links to or otherwise enable you to connect with other sites, social media platforms or apps (collectively “Third-Party Sites”). We do not control Third-Party Sites and are not responsible for the privacy practices, contents or nature of any Third-Party Site. If you choose to use any Third-Party Site, any personal data collected by such site or app will be subject to the privacy policy of that third party. We strongly encourage you to read the privacy polices of Third-Party Sites, as their practices may differ from ours. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OR THE COLLECTION OR USE OF YOUR PERSONAL DATA FROM ANY THIRD-PARTY SITES.

INTERNATIONAL USE

Your personal data will be stored and processed in the United States. If you are using the App from outside the United States, by your use of the App you acknowledge that we will transfer your data to, and store your personal data in, the United States, which may have different data protection rules than in your country, and personal data may become accessible as permitted by law in the United States, including to law enforcement and/or national security authorities in the United States.

UPDATES TO OUR PRIVACY STATEMENT

This Privacy Statement replaces all previous disclosures we may have provided to you about our information practices with respect to the App. We may periodically update this Privacy Statement, in our discretion, including to reflect changes in our privacy practices, the App and applicable law. We will make any changes to this Privacy Statement by posting the revised policy to this page, and such changes will be effective from the date specified in the “Effective Date” section at the top of this Privacy Statement. You should check this page from time to time to ensure you are happy with our current Privacy Statement. Your continued use of the App constitutes your acceptance of any changes and agreement to be bound by the modified Privacy Statement.

APPLICABILITY OF THE PRIVACY STATEMENT

This Privacy Statement is subject to any agreements, including the membership agreement, the App Terms of Use, and other agreements that govern your use of the App and your relationship with us. This Privacy Statement applies regardless of the means used to access or provide information through the App.

This Privacy Statement does not apply to information from or about you collected by any third-party services, applications, or advertisements associated with, or websites linked from, the App. The collection or receipt of your information by such third parties is subject to their own privacy policies, statements, and practices, and under no circumstances are we responsible or liable for any third party’s compliance therewith.

CONTACT BLINK FITNESS:

If you have questions regarding our Privacy Statement, other areas of our App or our clubs, please contact us at privacy@blinkfitness.com or

Blink Holdings Inc.
ATTN: Privacy Statement
386 Park Avenue South, 11th Floor
New York, New York 10016

For general questions regarding Blink, our clubs, or the App please click here.