Last Updated: May 2021

Elite Strength and Conditioning, Inc values your privacy. The primary purpose of this Privacy Policy ("Policy") is to describe our collection, use, and disclosure of information we collect about users of our website, www.nc.fit (our "Website"), and our App (collectively for purposes of the Policy the "Services"). We also briefly describe our practices with regard to our offline collection of information. By visiting the Website or using or downloading the App, you agree that your personal information will be handled as described in this Policy. Your use of our Website and App, and any dispute over privacy, is subject to this Policy and to our Terms & Conditions, including its applicable limitations on damages and the resolution of disputes. The NCFIT Terms and Conditions are incorporated by reference into this Policy.

A. THE INFORMATION WE COLLECT ABOUT YOU

We collect information about you directly from you (both online and in-store) and from third parties, as well as automatically through your use of our Website, App, or Services.

Information We Collect Directly From You. We collect information from you when you contact us, register with our Website or App, reserve classes, make a purchase, or otherwise interact with our Website or our App. The type of information that we collect varies based on your interaction with us and may include: your name, email address, password, and phone number, and, if you make a purchase from us, payment information, purchase history, and shipping address. We also may collect information about your workout preferences, such as your bike size and settings, and your shoe size preferences. If you provide this information directly to one of our studio attendants, we may associate this information with your account (e.g., if you sign up for a class while you are in the studio).

Information We Collect from Third Parties. To create an account and participate in one of our classes, we need emergency contact information for our customers. When a customer creates an online account with us, we will collect the name and phone number of their emergency contact. Our customers also may provide us information about their friends, e.g., so that we can invite others to try our classes.

Information We Collect Automatically. We automatically collect information about your use of our Website and App through cookies, web beacons, and other technologies, including technologies designed for mobile apps. We combine this information with other information we collect about you as well as use this information to identify you across your multiple devices. Please see the section "Cookies and Other Tracking Mechanisms" below for more information.

Website:

• Domain name.

• Your browser type and operating system.

• Web pages you view; links you click; your IP address.

• The referring URL or the webpage that led you to our Site.

App:

• Mobile device ID; device name and model; operating system type, name, and version.

• Language information.

• Activities within the App; and the length of time that you are logged into our App.

Automatically Collected In-Store Information.

• Our gyms are monitored 24 hours a day by closed circuit television. We use this information predominantly for loss prevention and safety purposes. We may share this information as permitted by law to protect our rights and interests, the rights and interests of others, and as otherwise permitted by law.

B. HOW WE USE YOUR INFORMATION

We use your information, including your personal information, for the following purposes, and as otherwise permitted by law:

To provide our services to you, to communicate with you about your use of our services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.

To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Website and App.

For marketing and promotional purposes. For example, as permitted by applicable law, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you, including information about third party products and services. We also may use the information that we learn about you to assist us in advertising our services on third party websites and social networking sites.

• To send you push notifications (you may opt-out through the settings in your device).

• To better understand how users access and use our Website and App, both on an aggregated and individualized basis.

• To evaluate, improve, or modify our Website, App, and Services, including our services offered in our gyms.

• For research and analytical purposes.

• To administer surveys and questionnaires.

• To comply with applicable legal obligations, including responding to a subpoena or court order.

• For other business related purposes, including, for example, in the context of merger, acquisition, sale/purchase of assets, or bankruptcy.

• To protect us and others.

C. HOW WE SHARE YOUR INFORMATION

We may share your information, including personal information, as follows:

Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personal information will be subject to this Policy.

Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf. For example, we share your information, both on an individual basis or in the aggregate, with third parties to assist us in advertising our products and services and to assist us in determining relevant advertising. These third parties may include entities that assist us and other companies with communicating with you and serving advertisements to you, including advertisements on third party websites, social media platforms, as well as through push notifications and email. We do not, however, share your personal information with third parties for their own direct marketing purposes.

We may also share information in the following circumstances:

Business Transfers. If we are acquired by or merged with another company, if some or all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.

In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms and Conditions or of this Policy, or as evidence in litigation in which NCFIT is involved.

Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

D. OUR USE OF COOKIES AND OTHER TRACKING MECHANISMS

We and our third party service providers use cookies and other tracking mechanisms to track information about your use of our Website and our App. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

Cookies. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Website and our App, while others are used to enable a faster log-in process or to allow us to track your activities at our Website or our App.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether.

Cross Device Use. We may use the information that we collect about you (whether directly from you from our Site, App, or in-store purchase activities, through your device(s), or from a third party) to help us and our third-party service providers identify other devices that you use (e.g., a mobile phone, tablet, other computer, etc.). We, and our third party service providers, also may use the cross-device tracking and other information we learn about you to serve targeted advertising on your devices, to send you push notifications, and to send you emails.

Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site and, to the extent permitted, our App. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance, and user experiences. These entities may use cookies and other tracking technologies to perform their services.

E. THIRD-PARTY AD NETWORKS/SOCIAL NETWORKS

We use third parties such as network advertisers and social media, including Facebook, to serve advertisements on third-party websites or other media (e.g., social networking platforms). This enables us and these third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party's specific privacy policy, not this one. We may provide these third-party advertisers with information, including personal information, about you to assist us with this advertising.

Users in the United States may opt out of many third-party ad networks, including those we work with on our Website and App. For example, you may go to the Digital Advertising Alliance ("DAA") Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative ("NAI") Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies' delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA's website at www.aboutads.info or the NAI's website at www.networkadvertising.org.

F. THIRD-PARTY LINKS

Our Website and App may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.

G. SECURITY OF MY PERSONAL INFORMATION

We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite these measures, no data security measures can guarantee security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

H. ACCESS TO MY PERSONAL INFORMATION

You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site or App for a period of time.

I. WHAT CHOICES DO I HAVE REGARDING PROMOTIONAL EMAILS?

We may send periodic promotional emails to you. You may opt-out of our promotional communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving promotional emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us.

J. CHANGES TO THIS POLICY

This Policy is current as of the Effective Date set forth below. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Website and App. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Website and App.

K. CONTACT US

If you have any questions about these Terms of Service you can reach us at Contact@elite-crossfit.com.