Certain U.S. states have laws requiring Athletes’ Performance, Inc., and its affiliates (“Exos”, “us”, “we”, or “our”) to publish a specific privacy policy describing our collection and processing of your (“Member”) Consumer Health Data, as defined under applicable law, and the rights you may have.

This Consumer Health Data Policy (“Policy”) supplements Exos Privacy Policy and applies to all Exos Offerings. All capitalized terms used herein and not otherwise defined shall have the same meaning as in the Exos Privacy Policy.

What Categories of Consumer Health Data We Collect

As described in the “What Personal Information We Collect From You" section of our Privacy Policy, depending on the applicable Exos Offering(s) that you access, Exos may collect the following Consumer Health Data:

Demographic Data: When creating an Account, or by signing-up to receive notifications or updates, we may collect: age, date of birth, gender, and pronouns.
Fitness & Health – Related Data: In connection with your use of the Exos Offerings, we may collect information regarding your fitness level, motivation level, goals, health, nutrition, reproductive health information, activities, and biological characteristics (e.g., weight, sex age, injury/medical history, and disability). This data may also include performance information, physical assessments (e.g., body composition, heart rate threshold, and VO2 score ratings), training history, injury history, sleep information, motivational well-being, and workout activity. This information may also include Third-Party Applications You Link to an Exos Digital Solution.
Preferences and Usage Information: When using the Exos Offerings or accessing the Exos Facilities, Exos may collect information, which may include Consumer Health Data, regarding your use of the facilities, workout activity and associated metrics, interactions with Exos Coaches, saved content, location preferences (i.e., in-Facility or digitally), and purchases.
We may also collect other information that is inferred, or derived from the information described above or through your communications with Exos that may be deemed Consumer Health Data.

Sources We Collect Consumer Health Data From

We may collect Consumer Health Data from the following the following sources:

Directly from you
Automatically from your interaction with Exos Digital Solutions
From an Exos Client – to understand more, please read the “Role of the Parties” section of the Exos Privacy Policy.
From Third-Party applications (e.g. Apple Health and Google Fit) that you may link to an Exos Digital Solution
From Exos Subprocessors

Purpose For Collecting and Using Consumer Health Data

As further described in the “How We Use Personal Information” section of Exos’ Privacy Policy, we may collect Consumer Health Data for the following purposes:

To provide the applicable Exos Offering: We may use your Consumer Health Data to provide, improve, and maintain the applicable Exos Offering(s). For example, we may use your Consumer Health Data to communicate with you regarding your usage of the applicable Exos Offering(s), to provide technical support, or other customer service and support purposes.
To personalize content and experiences: We may use your Consumer Health Data to create and customize your user experience to your fitness goals and interests, and help you track your fitness progress. For example, Exos Coaches may use your Consumer Health Data to provide more personalized coaching based on all aspects of your fitness activities.
To advertise, market, and promote Exos Offerings: Subject to your consent and as permitted by Applicable Law, we may contact you by phone, email, postal mail, push notifications, in-app messages, or SMS with information about promotions, events, contests and/or other Exos Offerings that might be of interest to you.
For analytics, research, and product improvements for Exos Offerings: We may also use your Consumer Health Data to help us understand how you use the applicable Exos Offering(s) and to develop new Exos Offerings, which may entail conducting surveys and monitoring your usage of the applicable Exos Offering(s).
To comply with any applicable law and/or regulations: We may use your Consumer Health Data to investigate disputes or claims related to the applicable Exos Offering, such as responding to warrants, subpoenas, court orders, and other regulatory or law enforcement requests.

Disclosure of Consumer Health Data

With your consent or as reasonably necessary to provide the applicable Exos Offering, we may share the data described in “What Categories of Consumer Health Data We Collect” with the following constituents:

Exos Clients: Exos Clients may provide additional benefits, programs, and services based on your usage of Exos Fit and/or Exos Fitness Center Management services (e.g., rewards for completing a challenge). With your express consent, which you may withdraw at any time, we will share with our Client (e.g., your employer) the following information which may constitute Consumer Health Data:
- Coach Consults (number completed per month)
- Total Classes (number of live and on demand completed per month)
- Practice Participation (number completed in the month)
- Challenge Participation (number completed in the month)
- Workouts ( number completed per month)
- Any Consumer Health Data shared with our Client will also be subject to its privacy policy.

Client Third-Party Benefits Platforms: As a Member using the Exos Digital Solutions, with your consent, we may also share information that may be considered Consumer Health Data with our Client’s (e.g., your employer’s) chosen third-party benefits provider or aggregator (e.g., Virgin Pulse or Evernorth). If you authorize us to share your Consumer Health Data with these third parties, their privacy policies will govern the usage of the information shared with them. Any Consumer Health Data shared will be similar to the described categories immediately above under heading “Exos Clients.”
Third Party Service Providers: When you use the Exos Offerings, we may share your Consumer Health Data with third parties that we designate as our “subprocessors” or “service providers” depending on the Applicable Law. These third parties are listed here.
Third-Party Applications You Link to an Exos Digital Solution: As a Member using the Exos Digital Solutions, you can sync third-party fitness applications, such as Google Fit, or Apple Health, with the Exos Digital Solutions. With your consent, we may share your Exos fitness activity data with your connected third-party application provider. We will only share the categories of Consumer Health Data that you choose to share with such third-party applications, which is governed by the privacy policy of those applications.
Law enforcement or other governmental entities: Where required by law or legal process, we may share your Consumer Health Data with law enforcement, courts, other governmental entities or parties to a civil action in response to a subpoena or court order.
Subsidiaries and Affiliates: Exos may share your Consumer Health Data with the entities listed here.
Business Transfers: If we are involved in any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event, then we may transfer or share some or all our assets, which may include your Consumer Health Data, in connection with such transaction or event or in contemplation of such transaction or event (e.g., due diligence). Such third parties may include auditors, attorneys, consultants, and actual or potential successors to Exos’ business where permitted by Applicable Law.

Affiliates We May Share Your Consumer Health Data With

We may share your Consumer Health Data with the Exos Affiliates listed here.

How to Exercise Your Rights

Certain U.S. state Consumer Health Data privacy laws provide you with certain rights, which may include, as applicable, rights to access, delete, or withdraw consent to the processing of your data, subject to legal limitations and exceptions. Please review the “Privacy Rights and Choices” and “Additional Information for Certain Jurisdictions” sections of our Privacy Policy for more information.

If you have any questions or comments about this notice, the ways in which Exos collects and uses your Consumer Health Data, your choices and rights regarding such use, or wish to exercise your rights, contact our Privacy Officer:

U.S. Toll-Free Number: +1 (877) 660-4171
U.S. Domestic Number (reachable globally): +1 623-201-1433

Email: support@teamexos.com

We are committed to responding to all inquiries and resolving any complaints about your privacy and our collection or use of your Consumer Health Data.

Updates To This Policy

We will post any changes to the Policy on this page, and the revised version will be effective when it is posted. We will notify you by updating the “Last Updated” date at the top of this Policy, or through other communication. We encourage you to review this Policy whenever you use or access the Exos Offerings or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.