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California Consumer Privacy Act Notice

ABC FINANCIAL SERVICES, LLC.

CALIFORNIA CONSUMER PRIVACY ACT NOTICE

I. INFORMATION COLLECTED ABOUT CONSUMERS

ABC offers member-based technology and third-party payment processing and collection services to its health club clients. As part of its services, ABC collects information about consumers that is provided in conjunction with a consumer’s purchase of services from one of ABC’s health club clients, including information provided on consumers’ health club membership agreement(s) and personal training agreement(s). Typically, consumers provide this information to their health clubs when they purchase a membership or personal training services, but personal information is provided at other times as well, for example, when a consumer updates his or her account or contact information at the health club, online or by phone. ABC collects personal information for the purposes of processing and collecting payments owed by consumers to health clubs, fulfilling its contractual obligations to its health club clients, and contacting consumers in relation to their health club accounts.

ABC also offers health club software-as-a-service to health clubs. As part of its software-as-a-service, ABC collects information when a consumer uses services from a health club that has purchased ABC’s health club software-as-a-service, which may include information such as a consumer’s health club facility access, health club facility utilization, health club equipment usage, and, if a health club has created custom data fields, biometric information such as heartrate, body measurement, or performance information. A consumer provides this information to ABC when the consumer utilizes his or her health clubs’ services. ABC collects personal information for the purpose providing a health club with health club software-as-a-service.

A. Types of Personal Information ABC Collects

ABC collects personal information from health club members and ABC’s health club clients consistent with the information necessary to process and collect payments owed by consumers to health clubs, perform its contracts with its health club clients, and contact consumers in relation their health club accounts. The information collected typically includes: name, postal address, email address, phone numbers, bank account or credit/debit card information, photographs, and communications with ABC including e-mail correspondence and audio recordings of phone calls with consumers about their accounts. ABC uses information ABC collects or obtains to communicate with health club members, process and collect payments owed to its health club clients, and maintain up to date account information for consumers.

If a health club purchases ABC’s health club software-as-a-service, ABC collects information associated with a health club members’ use of his or her health clubs’ services. Depending on what services a health club acquires from ABC, this information may include information such as a consumer’s health club facility access, health club facility utilization, health club equipment usage, and, if a health club has created custom data fields, biometric information such as heartrate, body measurement, or performance information. ABC uses information ABC collects or obtains in connection with ABC’s health club software-as-a-service to provide ABC’s health club software-as-a-service to the health club with which ABC has contracted for ABC’s health club software-as-a-service.

B. Information Collected about Consumers from Third-Party Sources

ABC may collect personal information about consumers from other sources as needed to complete consumer transactions with a health club client of ABC’s and to deliver communications to consumers more easily. ABC obtains information from its health club clients and third-parties, such as public records databases and financial institutions, that provide updated contact information to ABC. 

II. PURPOSE AND USE OF COLLECTING PERSONAL INFORMATION

1. Purpose of Collecting Personal Information

ABC provides third-party payment processing services to its health club clients. In order to provide those services, and to fulfill its legal and regulatory obligations, ABC collects personal information directly from consumers themselves or from ABC’s health club clients. The personal information that ABC collects includes, but is not limited to: names, postal addresses, email addresses, phone numbers and bank account or credit/debit card information, and photographs. ABC also collects personal information from consumers’ direct interactions with ABC, including e-mail correspondence and audio recordings of phone calls with consumers about their accounts. 

1. ABC uses the names, postal addresses, email addresses, phone numbers and bank account or credit/debit card information it collects to communicate with health club members, process and collect payments owed to its health club clients, and maintain up to date account information for members of its health club clients. 

2. ABC may collect a consumer’s photograph from its health club clients when a photograph of a consumer is maintained by a health club in relation to a consumer’s health club account. The photographs are used to identify consumers when necessary.

3. ABC collects audio recordings of live phone calls between ABC and consumers and e-mail correspondence with consumers exchanged in relation to consumers’ accounts. The purposes of collecting such audio recordings and e-mail correspondence is to document matters affecting consumers’ health club accounts, employee oversight and quality control.

ABC also provides health club software-as-a-service to health club clients that choose to purchase health club software-as-a-service from ABC. If a health club purchases ABC’s health club software-as-a-service, ABC collects information when a health club member uses the health clubs’ services. Depending on what services a health club acquires from ABC, this information may include information such as a consumer’s health club facility access, health club facility utilization, health club equipment usage, and, if a health club has created custom data fields, biometric information such as heartrate, body measurement, or performance information.

2. Sharing Consumer Information with Others

ABC may share personal information about a consumer with a consumer’s consent or as permitted or required by law. ABC may share consumer information with its health club clients, the debt collection agencies with whom ABC’s health club clients contract, service providers hired by ABC to perform functions on ABC’s behalf or to assist ABC in carrying out its service, and other parties involved in processing the transactions between consumers in relation to their health club accounts. If a health club purchases ABC’s health club software-as-a-service, ABC may also share personal information about a consumer with the health clubs’ third-party vendors, such as fitness-related software applications, with which either the health club or a health club member has contracted to provide services directly to a health club member. 

3. Disclosure or Sale of Personal Information

ABC has not sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. Under no circumstances will ABC sell the personal information of minors under 16 years of age without affirmative authorization.

Categories of information collected

Purposes of use

Sources of personal information

Third parties with which ABC shares information

Contact and account informatione.g. name, postal address, email address, phone number(s), health club account username and password

  • Process payments owed in relation to consumers’ health club memberships and accounts
  • Communicate with consumers
  • You, the consumer
  • The health club(s) with which you/the consumer have contracted for services
  • Public records databases
  • You, the consumer
  • The health club(s) with which you/the consumer have contracted for services
  • Debt collection agencies with which your health club has contracted for services or otherwise designated for collection of delinquent accounts

Financial informatione.g. credit card or debit card number and/or bank account number, information about your payments and transactions to and with the health club

  • Process payments owed in relation to consumers’ health club membership and account
  • You, the consumer
  • The health club(s) with which you/the consumer have contracted for services
  • Financial institutions 
  • You, the consumer
  • The health club(s) with which you/the consumer have contracted for services
  • Debt collection agencies with which your health club has contracted for services or otherwise designated for collection of delinquent accounts

Customer service informatione.g. audio recordings of phone calls and other communications between ABC and consumers related to the consumer’s health club account

  • Process payments owed in relation to your health club membership and account
  • Communicate with you/the consumer
  • Employee oversight and quality control
  • You, the consumer
  • The health club(s) with which you/the consumer have contracted for services
  • You, the consumer
  • The health club(s) with which you/the consumer have contracted for services

Other information, e.g. club sign-in and sign-out times, health club facility and equipment usage data, or biometric information

  • Fulfill our contractual obligations to health club clients
  • You, the consumer
  • The health club(s) with which you/the consumer have contracted for services
  • The health club(s) with which you/the consumer have contracted for services
  • Service providers, such as fitness-related software applications, contracted with by you/the consumer and/or the health club(s) with which you/the consumer have contracted for services

III. CONSUMERS’ RIGHTS CONCERNING THE COLLECTION, DISCLOSURE OR SALE OF THEIR PERSONAL INFORMATION

A. Right to Request Disclosure

California consumers have the right to request that ABC disclose what personal information about them ABC collects, uses, discloses and sells. Consumer requests to know may be submitted to ABC by calling toll-free 866-335-2311, completing the webform linked via the “Request Information” button below, or emailing the request to CCPArequest@abcfitness.com. ABC will verify receipt of a request to know within 10 days of receipt of the request and may provide additional information about how ABC will process the request. In order to verify a consumer’s request to know, ABC may require a consumer to provide his or her name and the address, phone number and/or email address associated with the consumer’s health club account. ABC may also require the consumer’s health club account number. ABC will respond to a request to know within 45 days of receipt of the request unless additional time is necessary to process the request. In no event will ABC take longer than 90 days to respond to a request to know. 

Request Information

B. Right to Request Deletion of Personal Information

California consumers have the right to request that ABC delete the personal information that ABC has collected or maintained about them. ABC will verify receipt of a request to delete within 10 days of receipt of the request and may provide additional information about how ABC will process the request. ABC is not required to comply with a consumer’s request to delete if the information is necessary for ABC to complete the transaction for which the personal information was collected, comply with a legal obligation, or certain other exemptions. If a request to delete is denied, ABC will provide a more detailed explanation about the basis for the denial.

Consumers may request the deletion of personal information by submitting a verifiable request to delete by calling toll-free 866-335-2311, completing the webform linked via the “Request Information” button above, or emailing the request to CCPArequest@abcfitness.com. In order to verify a consumer’s request to delete, ABC may require you to provide ABC with your name and the address, phone number and/or email address associated with your health club account. ABC may also require your health club account number or other information, depending on the nature of your request. ABC will respond to a request to delete within 45 days of receipt of the request unless additional time is necessary to process the request. In no event will ABC take longer than 90 days to respond to a request to delete. 

  1. Authorized Agents.

California consumers may designate an authorized agent to make a request to know or request to delete on the consumer’s behalf. Consumers may designate an authorized agent to make such requests by providing an authorized agent with written permission to do so. Written permission will not be required if the consumer has provided the authorized agent with a power of attorney. Proof of the power of attorney must be provided to ABC. The authorized agent may be required to independently verify his or her own identity to ABC when making a request.

C. NON-DISCRIMINATION

Consumers are entitled to the free exercise of their rights concerning the collection, use, disclosure and/or sale of their personal information. This includes a right to exercise these rights free of discriminatory treatment.  ABC will not discriminate against a consumer in any manner for the exercise of the rights conferred by the California Consumer Privacy Act.

IV. CONTACT FOR MORE INFORMATION:  Questions or concerns about ABC’s privacy policies and practices may be submitted by emailing ABC at CCPArequest@abcfitness.com.

LAST UPDATED: December 26, 2019.