December 16, 1025

New Found Power or NFP has created this privacy policy ("Privacy Policy"), which describes our practices in connection with information collected through our mobile application.

This Privacy Policy only applies to information we obtain in the course of operating our mobile application and related services (collectively the "App"). Please note that additional privacy disclosures or policies may apply more generally to our gym and fitness business, including our website, the Company's gym and fitness facilities (collectively, the "Locations"), communications with the Company, and other online and offline interactions (collectively, the "Services"). Please be aware that this Privacy Policy does not apply to nor address any third-party websites, services, or products that may be accessible by and through the App, which may have their own data collection, storage, and use practices and policies that vary significantly from this Privacy Policy.

By using our App, you agree to the collection and use of information in accordance with this Privacy Policy.

Changes To This Privacy Policy

This Privacy Policy is effective as of the date set forth above and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted. This Privacy Policy may be updated periodically to reflect changes in our privacy or related practices. You understand that it is your sole responsibility to review the Policy from time to time to view any such changes. Your continued use of the App after we post or make any modifications to this Privacy Policy will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy. If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a conspicuous notice on our website.

Types of Data We Collect in Connection with the Application & How We Collect It

We collect personal information (also commonly referred to as "personal data" or "personally identifiable information" ("PII")) from you through your use of the App. Personal information is information that is linked or reasonably linkable to an identified or identifiable individual. We collect the following types of personal information.

"Contact Information" is information that personally identifies you which is generally provided to us when using the App. This usually occurs when you register for a membership with us, visit Locations, use our Services, contact us directly, (and in some cases interacting with us on our website or social media). Categories of such personal information include but are not limited to: your name, date of birth, gender, e-mail address, phone number, and your physical address.

"Account Information" is information that we collect in connection with your member account as reflected in the App. Categories of such Account Information we collect include but are not limited to: membership type, choice of Locations, billing method, membership commencement and renewal dates, username, login, and password, as well as personal preferences such as class schedule, choice of programs, and membership notes made in connection with customer service communications ("Membership Information"), between you and us.

"Usage Data" is information we automatically log about you and your device. For example, when using the App, we may log your device operating system type, device ID, browser type, software and firmware used by your mobile phone, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Services, and other data generated from cookies For more information, please see Section 4 ("Cookies") below.

"Financial Information" is that information we collect in order to effectuate and process payments from you, including without limitation, credit card information (number, expiration, billing address etc.) and/or other related information that may be required to complete various payments. For more information, please see Section: "Third Party Services Providers and Processors that May have Access to your Data" below.

How We Use Your Information and Retention

The Company may use your personal information for the following business purposes:

  • To provide and maintain the App, including to monitor your usage of the App.
  • To manage your Account when you register to use the App. Creating an account allows you to Access certain features of the App.
  • To perform a contract you have with us, so we can provide you with or receive the goods and/or services you have purchased from or are providing to the Company.
  • To contact you with updates related to the App by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications, when necessary or reasonable for their implementation.
  • To manage your requests, such as customer services requests or questions about our App.
  • Protect the security and integrity of our App.
  • Investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our policies or contracts, and to otherwise fulfill our legal obligations.
  • Monitor compliance with and enforce this Privacy Policy and any applicable agreements and policies.
  • Defend our legal rights and the rights of others.
  • Fulfill any other purposes for which you provide it.
  • For any purpose that is reasonably necessary to or compatible with the original purpose for which we collected the personal data as disclosed to you.
  • Comply with applicable law.

Retention Policy

We will retain your personal information for as long as is necessary to fulfill the purpose for which we obtained your personal information and any other permitted purposes permitted by law, and in compliance with our data retention policies. For example, we will retain and use your personal information to the extent necessary to comply with our legal obligations (e.g., if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Cookies

We may log information using "cookies" or other tracking technology to ensure proper functioning and maintenance of the App, as well as to provide you with a more personal and interactive experience on the App. Cookies are small data files stored on your device. We may use both session cookies (which expire once you close the App or your web browser) and persistent cookies (which stay on your device until you delete them). If you do not accept cookies, you may not be able to use some features of our App and please be aware that if cookies are deleted, the App may not function fully. We do not engage in "sales," "shares," or "targeted advertising" as those terms are defined under applicable laws and therefore our App does not recognize cookie opt-out signals like the Global Privacy Control ("GPC"). While the App doesn't use the type of cookies or tracking technology that necessitate to opt-out under applicable laws, below we provide some general information about opting out of cookies via your browser or other third parties:

  • You can block cookies by changing your browser or device settings to refuse all or some cookies and/or tracking technology. You can find out more about cookies and how to manage them by visiting www.AboutCookies.org or www.allaboutcookies.org.
  • You can understand which entities have currently enabled cookies for your browser or mobile device and how to opt out of some of those cookies by accessing the Network Advertising Initiative's website or the Digital Advertising Alliance's website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative's Mobile Choices website.

Third Party Services Providers and Processors that May have Access to your Data

We may share your personal information with third parties as described below:

  • Data Processing Vendors. We may engage certain third parties that may process data submitted to us to perform certain business-related functions and to enhance the functionality of or provide additional functionality to the App. Third-party companies provide various other services to us, such as monitoring and analyzing how the App is used or performance-based information. In connection with the engagement of such third parties to perform these functions, we may provide them with various information, including your personal information, Account Information and Usage Data so that they may perform these functions. If you would like further information about our third-party data processors and service providers, please contact us as provided in Section 11 How to Contact Us below.
  • Payment Processors. When you make a payment via the App, we process your payments via a third-party payment processor. In these instances, the third party payment processor may collect certain Financial Information from you to process a payment on behalf of us, including your name, email address, address and other billing information in which case the use and storage of your Financial Information is governed by the third party payment processor's terms, conditions and privacy policies.
  • Business Transfers. We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company. We will endeavor to ensure that the company that receives your personal information will maintain similar protections as those indicated in this Privacy Policy.
  • Affiliates. We may share your personal information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy.
  • Marketing And Advertising Partners. We may disclose your personal information to third parties for marketing and advertising purposes, including social media platforms, third-party advertising networks, and other parties that assist us in serving and optimizing our advertisements. Please note that any such disclosure is not undertaken via cookies or other tracking technology.

In addition, we may share the personal data that we collect about you in the following ways:

  • To the extent that we are required to do so by law;
  • In connection with any legal proceedings or prospective legal proceedings;
  • To establish, exercise, or defend our or a third party's legal rights, including providing information to others for the purposes of fraud prevention;
  • With any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal data where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal data;
  • With any other person or entity where you consent to the disclosure; and
  • For any other purpose disclosed by us when you provide the personal data or for any other purpose we deem necessary, including to protect the health or safety of others.

Opting Out of Promotional Communications

You may opt out of receiving promotional communications from us by contacting us as provided in the Section 11 "How to Contact Us" below, or by following the unsubscribe link or instructions provided in any email we send.

Compliance with Laws

We may disclose your information (including personal information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose personal information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating any of our terms of service, to detect fraud, or to protect the safety and/or security of our users, or the general public.

Children's Privacy

  • [No - Children's Memberships]:
    Our App is not directed at children under the age of 13, and we do not knowingly collect personal information directly from children under this age. If you are under 13, please do not use this App or provide personal information to us via the App.
  • [Yes – Children's Memberships]
    The App is intended for use in association with our Services or Locations, and as a result, children's personal information may be collected. The App, however, is not specifically designed for use by or marketed to children under the age of 13. Further, we do not receive information directly from children, and we rely solely on parents/guardians to provide any information about individuals under the age of 13. We require the personal information of any individual under the age of 13 to be under the control of a parent/guardian after that parent/guardian has provided consent to such collection and processing, which is recorded outside of the App. The parent/guardian that consented to the collection of processing of a child's personal information is responsible for managing that child's personal information available via the App.

International Users

Our website and our App are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. Any information you provide to us through use of our website and our App may be stored and processed, transferred between, and accessed from the United States and other countries that may not guarantee the same level of protection of personal information as the one in which you reside. However, we will handle your personal information in accordance with this Privacy Policy regardless of where your personal information is stored/accessed.

Security

We use reasonable measures to help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.

How to Contact Us

If you have any questions about this Privacy Policy, please contact us at info@nfpgym.com or at 715-298-6700.