Your privacy is important and we are committed to maintaining your trust. Just(in)WOW, LLC d/b/a W.O.W. Wonders On Wheels (“W.O.W.” or “we”)) have adopted this Privacy Policy to let you know how we treat the information that we collect from you online and offline, the kinds of information we may collect, how that information is used, with whom we share it and how you can opt-out of a use or correct or change such information.

1.     How We Collect/Treat Information We Collect

This Privacy Policy applies to the personal information we process through the W.O.W. Website, our Social Media Pages, and through other products and services offered through other venues, websites or mobile applications that direct you to this privacy policy. These are collectively referred to as the “W.O.W. Services” or “Services”. “Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.

As a “User” who interacts with the Services, this privacy policy serves as notice on or before the point of collection for all information described below.

2.     Types of Information We Collect

Information that may be obtained during the use of the W.O.W. Services may include:

·       Personal Information - any information relating to an identified or identifiable natural person:

o   Name, email address, mailing address, phone number, emergency contact information, date of birth, education, nationality

·       Location or geolocational data (mobile devices)

·       Financial information or financial and transaction data (e.g., purchase history, account information, shipping and billing information, including credit card information etc.)

·       Online identifiers (e.g. IP address, device IDs, Cookies & Cookie Identifiers, etc.)

·       Other Services-related data (e.g., customer inquiries/requests, customer statistics)

We collect information about you whenever you use the W.O.W. Services, including information you provide directly to us. When you use the Services, contact us directly, or engage in certain activities, such as registering for an account with W.O.W., purchasing W.O.W. products or Services from us, using our fitness equipment or participating in a live stream class, we may ask you to provide some or all of the following types of information:

·       User Profiles. When you use W.O.W. Services, you will be given the opportunity to create a “user profile,” and when you do so we may ask you to provide information about yourself such as a username, email address, weight, height, age, location, birthday, phone number and image or avatar. Only your email address and username are required to set up a user profile; the rest of the information that you may provide is optional. Once your user profile is created, anytime you log in to participate in a member service, we will collect additional information and add it to your User Profile, such as the total number of classes taken, the dates you took those classes, and any other information that may be available from time to time. You acknowledge that your user profile information may be personal to you, and by creating an account and providing such information through the use of our Services, you allow others, including W.O.W., to identify you and therefore you may not be anonymous.

·       Other User Information. W.O.W. may also collect other information from you because of your use of the Services, such as live stream attendance history, purchase history, fitness, and health related information. We may associate this information with other Personal Information that you have provided in order to improve and provide the Services and as otherwise described in this Privacy Policy.

·       Voice and Likeness. We may capture your visual image, likeness, and voice recording (e.g., via photographs and/or video) in live stream classes and/or call our member support or inside sales teams. We record and store member support and sales calls to train support and sales agents to help resolve member questions, for quality purposes and as required by law. Additionally, the W.O.W. Virtual Wellness Platform may contain a camera, microphone, and voice control features. These features are in use only when activated by you, for example, to take a W.O.W. user profile photo, to attend a live stream class, or to initiate or accept a video chat from another user.

·       Communications with Us. We may collect Personal Information from you such as your email address, phone number or mailing address, when you choose to request information about our Services or register to receive W.O.W. communications over email or text messaging, participate in promotions, or loyalty programs that we may offer from time to time, request to receive member or technical support or otherwise communicate with us.

·       Surveys and Reviews. From time to time, we (or third parties acting on our behalf) may contact you to participate in research, surveys, or beta testing or to provide reviews and testimonials. If you decide to participate, you may be asked to provide certain information, which may include Personal Information. All information collected from your participation in our research, surveys, reviews or testimonial process, or beta testing is provided by you voluntarily. We may use such information to improve our products, our Site and/or Services, and in any manner consistent with this Privacy Policy.

·       Posting on the W.O.W. or Third-Party Services. W.O.W. may offer publicly accessible blogs, social media pages, product review pages, private messages, video chat or community forums. You should be aware that, when you disclose information about yourself on W.O.W.’s blogs, social media pages, product review pages, private messages, community forums, and within video chat sessions, W.O.W. will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content, including reviews, to any public area of the Services or on any public sites operated by third parties, such content will be considered “public” and will not be subject to the privacy protections provided in this Privacy Policy.

·       Registration for Contests. Occasionally, W.O.W. may run contests. We ask those who enter contests to provide contact information (e.g., a phone number or an email address). If you participate in a contest, your contact information may be used to reach you about the contest, and, to the extent permitted by law, for other promotional, marketing and business purposes. In compliance with the laws of your jurisdiction, as a participant you may have the opportunity to opt-out of any communications that are not related to awarding prizes.

·       Location Information. Based on your interaction with the Services, the type of device you use to access the Services, and your device’s connectivity, we may collect location-based information including your Internet protocol (IP) address, GPS location, longitude/latitude, city, county, zip code and region, and your location and your smart device’s proximity to “beacons,” Bluetooth networks and/or other proximity systems. We may use this type of information to enhance your user experience to better understand your interaction with our products and services. Unless you provide us with your consent to do otherwise, this information will only be used by us and our third party service providers to provide you with the Services you request or in an aggregated and anonymized format that does not identify you. If you no longer wish to have this location information collected and used by us, you may opt-out by disabling the location and Bluetooth features in the operating system of your device.

·       Automatic Data Collection. We may collect certain information automatically through our Services or other methods of web analysis, such as your IP address, cookie identifiers, mobile carrier, mobile advertising identifiers, MAC address, IMEI, Advertiser ID, and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, geo-location information, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services, and other actions taken through use of the Services such as preferences.

·       Information Submitted Via Services. You agree that W.O.W. is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed as part of that content, for any purpose including developing, manufacturing and/or marketing goods or Services. W.O.W. will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless:

a.  you grant us permission to do so;

b.  we first send notice to you that the materials or other information you submit to a particular part of the Services will be published or otherwise used with your name on it; or

c.  we are required to do so by law.

·       Information from Other Sources. We may receive information about you from other sources, including through third party services and organizations, to supplement information provided by you. For example, if you access our Services through a third party application, such as the Apple App Store or Google Play App Store (together with any similar applications, “App Stores”) or social media sites such as Facebook, we may collect information about you from that third party application that you have made public via your privacy settings. Information we collect through App Stores or social media accounts may include your name, your social media site user identification number, your user name, location, gender, birth date, email, profile picture and your social media contacts. This supplemental information allows us to verify information that you have provided to W.O.W. and to enhance our ability to provide you with information about our business, products, and Services.

3. Cookies, Pixel Tags/Web Beacons, Analytics Information and Internet-Based Advertising

We, as well as third parties that provide content, advertising or other functionality on our Services, may use cookies, pixel tags, local storage and other technologies (“Technologies”) to automatically collect information through the Services. We use Technologies that are essentially small data files placed on your computer, tablet, mobile phone or other devices that allow us to record certain pieces of information whenever you visit or interact with our website, services, applications, messaging and tools, and to recognize you across devices.

·       Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.

·       Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.

·       Social Media Widgets. Social media features such as links to Facebook, Instagram, Twitter, YouTube and LinkedIn (that might include widgets, such as, the share this button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on the Site and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the privacy policy of the company providing it.

Our uses of such Technologies fall into the following general categories:

·       Operationally Necessary. We may use Technologies that are necessary to the operation of our Site, Services, applications, and tools. This includes Technologies that allow you access to our Site, Services, applications, and tools; that are required to identify irregular site behavior, prevent fraudulent activity and improve security; or that allow you to make use of functions such as shopping carts, saved search or similar functions;

·       Performance Related. We may use Technologies to assess the performance of our Site, applications, Services and tools, including as part of our analytic practices to help us understand how our visitors use our Site, determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve our website content, applications, services or tools;

·       Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Sites, Services, applications, or tools. This may include identifying you when you sign into our Sites or keeping track of your specified preferences, interests or past items viewed so that we may enhance the presentation of content on our Sites;

·       Advertising or Targeting Related. We may use first-party or third party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.

·       Opt-out. If you would like to opt-out of the Technologies we employ on our Sites, Services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits. Please note that blocking, deleting, or disabling these Technologies will affect the functionality of our Sites, Services, applications, and tools, and may prevent you from being able to access certain features.

4. Third-Party Websites & Social Media Platforms

A “Third-Party” is any company, natural or legal person, public authority, agency, or body other than the Individual, W.O.W. or W.O.W.’s agents. The Service may contain links to other websites and other websites may reference or link to the W.O.W. Site or other Services. These other domains and websites are not controlled by us, and W.O.W. does not endorse or make any representations about third party websites or social media platforms. We encourage you to read the privacy policies of each and every website and application with which you interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting other websites or applications is at your own risk. W.O.W.’s Services may include publicly accessible blogs, community forums, message boards, private messaging or live stream features. The Services may also contain links and interactive features with various social media or music platforms (e.g., widgets). If you already use these platforms, their Cookies may be set on your device when using the Services. You should be aware that Personal Information that you voluntarily include and transmit online in a publicly accessible blog, live stream session, social media platform or otherwise online, or that you share in an open forum, may be viewed and used by others without any restrictions. We are unable to control such uses of your information when you interact with a third party platform, and by using such services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.

THIRD-PARTY PAYMENT PROCESSING

When you make purchases through the Services, we Process your payments through a third-party application, such as an App Store or, in the case of online purchases, via a Third-Party payment processor. In these instances, the third party application may collect certain financial information from you to Process a payment on behalf of W.O.W., 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 app’s terms, conditions and privacy policies. If you apply for or otherwise take part in a financing offer through one of our financing partners, you will be asked to provide information (which may include financial information) to that financing partner, either directly or through the Services. The use of that information by the financing partner will be subject to the financing partner’s terms, conditions and privacy policies. Our treatment of any financial information that we may Process on your behalf, or that we receive from our financing partners or payment processors, is subject to this Privacy Policy.

5.     Opt-Out

EMAIL, TEXT, AND TELEPHONE COMMUNICATIONS

You can unsubscribe from email, text, and phone communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us. To opt-out of receiving text messages, follow the opt-out instructions in the text messages that you receive from us. We will process your request within a reasonable time after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding W.O.W. and our Services and, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms & Conditions or this Privacy Policy).

We maintain “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.

MOBILE DEVICES

W.O.W. may occasionally send you push notifications through our Apps with updates, achievements and other notices that may be of interest to you. You may at any time opt-out from receiving these types of communications by changing the settings on your device. W.O.W. may also collect location-based information if you use our Apps. You may opt-out of this collection by changing the settings on your device.

“DO NOT TRACK”

Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.

COOKIES AND INTEREST-BASED ADVERTISING

As noted above, you may stop or restrict the placement of Cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that Cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt-out of certain mobile advertisements via their device settings.

The online advertising industry also provides websites from which you may opt-out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, www.youronlinechoices.eu/ or www.youradchoices.ca/, and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here.

To be clear, whether you are using our opt-out or an online industry opt-out, these Cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted-out on your computer browser, that opt-out will not be effective on your mobile device. You must separately opt-out on each device. Advertisements on third party websites that contain the AdChoices link, and that link to this Privacy Policy, may have been directed to you based on anonymous, non-Personal Information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt-out of the advertising partners’ use of this information for interest-based advertising purposes.

6.     How We Share

We may share your information as described in this Privacy Policy (e.g., with our third party service providers; to comply with legal obligations; to enhance the Services, to protect and defend our rights and property) or with your permission. We use vendors and service providers. We may share any information we receive with vendors and service providers. The types of service providers to whom we entrust Personal Information include service providers for:

i.   provision of IT, analytics and related services;

ii.  provision of information and services you have requested;

iii. payment processing;

iv. customer service activities such as member support and deliveries; and

·       Business Partners. W.O.W. may share Personal Information with our business partners and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. W.O.W. may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with W.O.W.

·       Displaying to Other Users. Any content you post to the Services may be displayed on the Services. Other users of the Services may be able to see some information about you, such as your name if you submit a review or provide a testimonial to our Site. We are not responsible for the privacy practices of the other users who view and use posted information.

·       Marketing-Interest-Based Advertising and Third-Party Marketing. W.O.W. may allow third-party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities on our Sites (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with third party advertising partners. These advertising partners may use this information (and similar information collected from other companies) for purposes of delivering targeted advertisements to you when you visit non-W.O.W. related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising”. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable, or otherwise of interest to you.

·       Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures)). We may access, preserve, and disclose your Personal Information, other account information and content if we believe doing so is required or appropriate:

i.   to comply with law enforcement or national security requests and legal process, such as, a court order or subpoena;

ii.  to respond to your requests;

iii. to protect yours, ours or others’ rights, property or safety;

iv. to enforce W.O.W. policies or contracts;

v.  to collect amounts owed to W.O.W.;

vi. to comply with records retention policies;

vii. when we believe access, preservation, or disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or

viii.if we, in good faith, believe that access, preservation, or disclosure is otherwise necessary or advisable. In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order to allow them to identify users in connection with their investigation of the unauthorized activities.

·       Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of company assets or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. In such event, W.O.W. will endeavor to direct the transferee to use Personal Information in a manner that is consistent with the Privacy Policy in effect at the time such Personal Information was collected.

INTERNATIONAL DATA TRANSFERS

You agree that all Personal Information collected via or by W.O.W. may be transferred, Processed and stored anywhere in the world, including but not limited to, the United States, Canada, the European Union, in the cloud, on our servers, on the servers of our affiliates or on the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities as described above. By providing information to W.O.W., you explicitly consent to the storage of your Personal Information in these locations.

7.     RIGHTS OF ACCESS, RECTIFICATION, ERASURE, AND RESTRICTION

·       Residents of the European Union or the UK may submit a request through the GDPR Request Form.

·       Residents of California may submit a request through the CCPA Request Form.

·       For all other questions related to privacy, please contact wowwondersonwheels@gmail.com.

Although W.O.W. makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which W.O.W. is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If W.O.W. determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, W.O.W. will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.

8.     Data Retention

W.O.W. retains the Personal Information we receive as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements and comply with applicable laws. When we are no longer required to retain your Personal Information as described above, we will destroy, erase, or de-identify it in accordance with our data retention policies and applicable law. Legal requirements, however, may require us to retain some or all the Personal Information we hold for a period of time that is longer than that for which we might otherwise hold it.

9.     Security of Your Information

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. We maintain commercially reasonable administrative, technical, and physical safeguards (which vary depending on the sensitivity of the Personal Information) designed to protect against unauthorized use, disclosure, or access of Personal Information. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We do not accept liability for unintentional disclosure. By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. If we learn of a security breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing.

10.  NON-U.S. Users

By using the Services, you consent to W.O.W.’s transfer of your data to the United States. By choosing to visit the Site, use the Services, or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will, to the extent permitted by law, be governed by the laws of the State of New York, without regard to principles of conflicts of law. Any disputes arising in connection with this Privacy Policy will be handled in accordance with the dispute resolution provisions in the Terms & Conditions.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to the Processing of your data globally. By providing your Personal Information, you consent to any transfer and Processing in accordance with this Privacy Policy.

11.  Children’s Privacy

Our Services are not directed to children under the age of 13. In addition, you are not permitted to use our Services if you do not meet the minimum age requirement applicable to our Services in your jurisdiction. We do not knowingly collect Personal Information from children under the age of 13. If you learn that your child has provided us with Personal Information without your consent, you may alert us at wowwondersonwheels@gmail.com.  If we learn that we have collected Personal Information of a child under the age of 13 (or under the age of 16 in certain jurisdictions, such as EU member countries) we will take steps to delete such information from our files as soon as possible and terminate the child’s account unless we receive verifiable parental consent.

12.  Redress Compliance and Accountability

If you have any questions about our privacy practices, this Privacy Policy, or how to submit a complaint with the appropriate authority, please contact W.O.W. by email at wowwondersonwheels@gmail.com or by mail at the below address. We will address your concerns and attempt to resolve any privacy issues in a timely manner.

WOW Wonder On Wheels

2532 E Adams Street #7

Phoenix, Arizona 85034

Attn: Legal Department

13.  Changes To Our Privacy Policy

This Privacy Policy may change from time to time. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you use the Services after the updated Privacy Policy is posted on the Services (as reflected in the above Effective Date). If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Services.

·       Revisions to the Privacy Policy. We may revise this Privacy Policy in our sole discretion, so please review it periodically. If you continue to visit the Site and use the Services after such changes have been made, you thereby provide your consent to the changes.

·       Posting of Revised Privacy Policy. If there are any material changes to this Privacy Policy, W.O.W. will notify you by email or as otherwise required by applicable law. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective immediately when it is posted (or upon notice if applicable). If you are concerned about how your information is used, bookmark this page, and read this Privacy Policy periodically.

New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt-out. Where consent of the Individual for the Processing of Personal Information is required by law or contract, W.O.W. will endeavor to comply with the law or contract