VIV ATHLETIC CLUB PRIVACY POLICY

Effective: June 2026 | info@vivathleticclub.com | www.vivathleticclub.com

VIV Athletic Club ("VIV," "we," "us," or "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your personal information when you visit our facilities, use our website at www.vivathleticclub.com (the "Website"), or otherwise interact with us.

By using our Website or our facilities, you agree to the terms of this Privacy Policy. If you have questions or concerns, please contact us at info@vivathleticclub.com.

1. Information We Collect

VIV collects various categories of personal information depending on your relationship and interaction with us. In the 12 months preceding the effective date above, we have collected the following:

Identifiers & Contact Information

We collect your name, postal address, phone number, email address, billing information, account username, password, and security questions. We may also collect government-issued identification numbers (such as driver's license or passport number) where required for membership verification.

Health, Fitness & Body Measurements

To provide personal training, recovery, and wellness services—including our powerlifting room, recovery rooms, red light therapy, and hyperbaric oxygen chamber—we may collect your height, weight, body fat percentage, heart rate, fitness assessment results, health history, medical conditions, prescriptions, supplement use, and other wellness data shared with your personal trainer or wellness staff.

Biometric Information

Where applicable, VIV may use biometric identifiers for facility access and identity verification (e.g., fingerprint scanning). Fingerprints are converted to a binary key; the original fingerprint image is not stored and the binary key cannot be reconverted. Additional biometric data such as body scans or sleep patterns may be collected in connection with wellness programs.

Financial Information

Payment information (credit/debit card numbers, expiration dates, CVV) is collected and processed securely through third-party payment processors. We do not store full payment card numbers on our systems.

Audio/Visual Data

VIV operates video surveillance systems (VSS) throughout our facilities for safety and security purposes. This may include camera recordings and, in applicable areas such as Kids' Club zones, live monitoring. Audio recordings may be captured when you contact our customer service team.

Gym Usage & Membership Data

We track your gym check-ins, facility usage patterns, class attendance, and service purchases to manage your membership, track capacity, and improve our offerings.

Device, Internet & Electronic Usage Data

When you visit our Website, we may collect your IP address, device type, browser type, operating system, pages visited, time on site, search terms, and interaction data via cookies and similar technologies.

Geolocation Data

With your consent, we may collect precise or general geolocation information to provide location-based services such as nearby facility information and in-club promotions.

Demographics & Protected Class Characteristics

We may collect date of birth, age, gender, nationality, and other demographic information for account creation, compliance, or program personalization purposes.

Professional & Employment Information

For job applicants, we collect employment history, résumés, references, certifications, and background check information.

Inferences

We may create inferences about your preferences, interests, and behavior based on data we collect or receive from third parties.

2. How We Collect Information

We collect personal information in the following ways:

Directly from you when you sign up for membership, purchase services, contact us, or use our Website.
Through cookies, pixels, web beacons, and similar tracking technologies when you visit our Website.
From service providers who support our business operations (e.g., payment processors, hosting providers, marketing platforms, background check services).
From strategic partners (e.g., wellness app integrations, wearable device platforms such as Apple Health, Garmin, Oura, or Fitbit, if you choose to link your account).
From on-site business partners operating within VIV facilities.
From social media platforms based on your activity and privacy settings.
From advertising, analytics, and data providers.
From family, friends, or employers who refer you or serve as references.
From our corporate affiliates and related entities.

3. How We Use Your Information

VIV uses the personal information we collect for the following purposes:

To process and fulfill your membership enrollment, service purchases, and payments.
To provide personal training, group fitness, recovery, and wellness services.
To create and maintain your member account and profile.
To communicate with you about your membership, services, and facility updates.
To send marketing and promotional communications (where you have opted in or as permitted by law).
To analyze usage trends, preferences, and statistics to improve our facilities and services.
To operate and maintain our Website and digital platforms securely.
To detect, prevent, and investigate fraud, theft, misconduct, or security incidents.
To comply with applicable laws, regulations, and legal obligations.
For recruiting and employment screening purposes.
To facilitate corporate transactions such as mergers, acquisitions, or financing.
To create aggregated or anonymized data sets for research and business analysis.

4. Disclosure of Your Information

We do not share, sell, or provide your mobile phone number or messaging consent data to third parties or affiliates for marketing or promotional purposes. We do not sell your personal information for money. We may share your information in the following circumstances:

Service Providers

We share your information with trusted vendors who perform services on our behalf (e.g., hosting, billing, marketing, customer support, background checks). These providers are contractually required to protect your data and may not use it for their own purposes.

Strategic & On-Site Partners

If you purchase services or link accounts with our strategic or on-site partners, we may share relevant information with those partners to fulfill the product or service. Partners may also contact you for their own marketing purposes where permitted.

Advertising & Analytics Providers

We may share identifiers, usage data, commercial information, geolocation data, and inferences with ad and analytics providers for targeted advertising and performance measurement. This may constitute a "sale" or "sharing" under applicable state privacy laws. You have the right to opt out (see Section 9).

Affiliates

We may share your information with our corporate affiliates for compliance, reporting, and joint marketing purposes.

Law Enforcement & Government Entities

We may disclose your information to government agencies, law enforcement, or regulatory bodies when required by law, legal process, or to protect the rights, safety, or property of VIV, our members, or the public.

Corporate Transactions

In the event of a merger, acquisition, sale of assets, or similar transaction, your information may be transferred to the relevant parties. You will be notified if the new entity's processing of your data materially differs from this Policy.

With Your Consent

We may disclose your information for other purposes with your explicit consent or at your direction.

5. Retention of Personal Information

We retain your personal information for as long as necessary to provide services, fulfill legal and contractual obligations, resolve disputes, and enforce our agreements. The following factors guide our retention decisions:

The duration for which the information is needed to operate our business and provide services.
Whether legal, regulatory, or contractual obligations require a specific retention period.
Whether the information is considered sensitive and warrants shorter retention.
Your consent to an extended retention period.
The reasonable expectations at the time the information was collected.

6. Video Surveillance

VIV operates video surveillance systems (VSS) throughout our facilities for the safety and security of our members and team members. The following principles govern our use of VSS:

Cameras are positioned to protect personal privacy; VSS will not be installed in locker rooms, showers, or areas with a reasonable expectation of privacy.
Where applicable, Kids' Club areas may be monitored at all times and may be broadcast live on in-gym displays so parents can view their children.
Surveillance recordings are typically retained for a minimum of 30 days and may be overwritten thereafter unless retained for an incident investigation or as directed by VIV management.
Access to VSS recordings is restricted to authorized VIV management. All requests for recordings from law enforcement or third parties must be directed to VIV management.
Signs may be posted at facility entrances notifying individuals that surveillance is in use.

This section does not create or imply any duty on VIV to install, monitor, or preserve VSS footage.

7. Cookies & Tracking Technologies

When you visit our Website, VIV and our third-party partners may use cookies, pixels, web beacons, clear GIFs, server logs, flash cookies, JavaScript, and mobile advertising IDs to collect data about your browsing activities and device.

We use this data to:

Understand how visitors use our Website and which content is most popular.
Remember your preferences and personalize your experience.
Deliver targeted advertising across the web and mobile apps.
Analyze the performance of our marketing campaigns.

We use Google Analytics for anonymized traffic analysis. You may opt out at tools.google.com/dlpage/gaoptout.

To opt out of interest-based advertising, visit www.aboutads.info/choices. To opt out of the sharing of your information for targeted advertising, use the Cookie Settings link in our Website footer or contact us at info@vivathleticclub.com.

We honor Global Privacy Control (GPC) signals from supported browsers by disabling behavioral advertising cookies automatically.

Most browsers can be configured to decline cookies, though some Website features may not function properly without them.

8. Geolocation

With your consent, we may use your device's location services (GPS, Wi-Fi, Bluetooth, or IP address) to deliver location-based features such as finding nearby VIV locations or in-club promotions. You may disable location services at any time through your device or browser settings, though some location-specific features may become unavailable.

9. Your Privacy Rights

Depending on your state or country of residence, you may have the following rights with respect to your personal information:

Access: Request confirmation of whether we process your personal information and obtain a copy.
Correction: Request that we correct inaccurate or incomplete personal information.
Deletion: Request that we delete your personal information, subject to certain exceptions.
Opt-Out of Sale/Sharing: Opt out of the sale or sharing of your personal information for targeted advertising.
Opt-Out of Automated Decision-Making: Opt out of profiling that produces legal or similarly significant effects.
Limit Sensitive Data Use: Request limitations on the use and disclosure of sensitive personal information.
Portability: Request that we provide your data in a portable, machine-readable format (where applicable).
Non-Discrimination: We will not discriminate against you for exercising your privacy rights.

California Residents

California residents have additional rights under the California Consumer Privacy Act (CCPA), including the right to know the categories and specific pieces of personal information collected, the right to opt out of the sale/sharing of personal information, and rights under the California Shine the Light law (Cal. Civ. Code § 1798.83). You may submit requests up to twice in any 12-month period free of charge.

Residents of Other U.S. States

Residents of Connecticut, Maryland, New Jersey, Tennessee, Texas, Virginia, Oregon, Delaware, and Minnesota may have additional rights under their respective state privacy laws. Contact us for more information.

United Kingdom Residents

UK residents have rights under UK GDPR including access, rectification, erasure, restriction of processing, data portability, and the right to object to processing. Complaints may be directed to the Information Commissioner's Office at ico.org.uk.

Canadian Residents

Canadian residents have rights under PIPEDA and applicable provincial laws, including the right to access, correct, and withdraw consent to the processing of your personal information. Quebec residents have additional rights regarding automated decision-making, data portability, and de-indexing of personal information.

Exercising Your Rights

To exercise any of your privacy rights, contact us at:

Email: info@vivathleticclub.com
Subject line: "Privacy Rights Request"

We will verify your identity before processing your request and respond within the timeframe required by applicable law.

10. Marketing Communications

You may opt out of marketing emails at any time by clicking the "unsubscribe" link in any marketing email. You will continue to receive transactional and membership-related communications.

Phone & SMS

Phone & SMS Consent

By providing your phone number, you expressly consent to receive calls and SMS/text messages from VIV Athletic Club and its authorized service providers at the number you provide. These communications may include membership information, guest pass follow-up, appointment reminders, promotional offers, and marketing messages, and may be delivered using automated technology or prerecorded messages.

Consent is not required as a condition of purchasing any goods or services. Message frequency may vary. Message and data rates may apply.

You may opt out of text messages at any time by replying STOP or request assistance by replying HELP. You may also revoke your consent through any other reasonable method, including contacting us at info@vivathleticclub.com.

11. Children's Privacy

VIV's Website is not directed to children under 13. We do not knowingly collect personal information from children under 13 without verifiable parental consent. For minors under 18, parents or guardians must sign up on their behalf.

If a child under 13 has provided information without parental consent, please contact us at info@vivathleticclub.com and we will promptly remove it and unsubscribe the child from any marketing communications, in compliance with COPPA.

To protect children's privacy, we will take reasonable steps to verify a parent or guardian's identity before granting access to any personal information.

12. General Facility & Member Policies

The following policies apply to all members and guests of VIV Athletic Club:

Check-In

All members and guests must check in at the front desk on each visit by scanning their membership barcode or providing their phone number and a government-issued photo ID. A photo ID is required for first check-in following online membership purchase. All guests must sign a general liability waiver and be accompanied by their associated member upon check-in.

Photo & Video Policy

Recording devices are strictly prohibited in locker rooms, bathrooms, saunas, steam rooms, and all other private spaces. Filming other members without their verbal or written consent is a violation of their privacy. Non-consensual recordings may result in membership termination and civil or criminal liability. Personal photoshoots should be kept to a single phone camera; tripods and professional camera equipment are not permitted.

Conduct

Members and guests who are disruptive, offensive, or in violation of VIV's rules may be suspended or expelled. Members may not provide personal training services to others. VIV does not permit solicitation, political activity, or distribution of pamphlets or flyers.

Alcohol, Drugs & Weapons

VIV Athletic Club does not permit smoking, vaping, alcohol, or illegal drugs on our premises. No weapons of any kind are permitted in any VIV facility.

Locker Use

Lockers are available for use during your workout only. Always secure your belongings with a lock. VIV is not responsible for theft or damage to your property. Locks left on lockers after you leave the facility will be removed and property may be disposed of.

Dress Code

Appropriate athletic clothing and footwear, including a shirt, must be worn at all times in general workout areas. Undergarments or tights are required with all apparel. Barefoot is not permitted in general workout areas. Swimsuits are allowed in wet areas.

Locker Room & Restroom Policy

VIV follows all applicable federal, state, and local laws regarding locker room and restroom use.

Equipment Policy

Member-owned equipment may not be brought into VIV facilities without authorization. Chalk is not permitted; liquid chalk or wrist wraps are acceptable alternatives. VIV reserves the right to restrict outside equipment at its discretion.

Non-Discrimination

VIV Athletic Club does not discriminate on the basis of race, color, religion, national origin, sex, gender identity or expression, sexual orientation, age, disability, or military status. Equal opportunity is provided to all members, guests, and employees.

13. AI Chatbot

If VIV makes an AI-powered chatbot available on our Website, your use of the chatbot is subject to the following:

Your inputs may be recorded and stored to monitor, improve, and train our systems.
Once submitted, inputs may not be deletable from AI training data.
Do not submit sensitive personal information through the chatbot that you do not want stored.
Chatbot responses are generated by AI and may contain errors, inaccuracies, or outdated information. They should not be relied upon as professional health, legal, or fitness advice.
VIV disclaims liability for any damages resulting from reliance on chatbot responses.

14. Social Media Policy

VIV encourages social engagement from our members and community. To protect our online community, we reserve the right to remove posts that violate the following guidelines:

Privacy: No posts containing personal or identifiable information about other members, guests, or VIV staff without express permission.
Respect: Content that is disrespectful, abusive, sexual, or harassing will be removed. Repeated violations may result in blocking.
Relevance: Spam, irrelevant commercial content, and political messages will be deleted.
Copyright: Do not share content that violates the intellectual property of others without proper permission or attribution.

15. Security

VIV employs commercially reasonable technical, administrative, and physical security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, no method of internet transmission or electronic storage is completely secure. We cannot guarantee absolute security and encourage you to use our Website and share information with care.

16. Links to Third-Party Sites

Our Website may contain links to third-party websites or applications. VIV is not responsible for the privacy practices of those third parties. We encourage you to review the privacy policy of any website you visit.

17. Processing in the United States

Your personal information may be transferred to and processed in the United States, where data protection laws may differ from those in your country of residence. By using our services, you consent to this transfer. We use appropriate safeguards, such as data transfer agreements containing standard contractual clauses, where required by applicable law.

18. Updates to This Privacy Policy

We may update this Privacy Policy from time to time. Material changes will be communicated as required by applicable law. The effective date at the top of this document indicates when the Policy was last revised. Your continued use of VIV's Website or facilities after any changes constitutes your acceptance of the updated Policy.

19. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or VIV's data practices, please contact us:

VIV Athletic Club

Email: info@vivathleticclub.com

Website: www.vivathleticclub.com