Privacy Policy
At EX3 Personal Training & Fitness, LLC ("EX3", "we", "our", or "us"), we take your privacy seriously. This Privacy Policy explains how we collect, use, store, and protect your personal information when you visit our website, www.ex3training.com, book a class, purchase a membership, or interact with our services. By using our website or signing up for our services, you agree to the practices described in this policy.
This website and the gym are owned and operated by:
Company Name: EX3 Personal Training & Fitness, LLC
Entity Type: Limited Liability Company
Registered Office: 2 Kings Way Unit-2C, Exeter, NH, 03833, USA
Our website allows users to purchase gym memberships, book in-person training sessions, and make payments for personal training packages. To provide these services, we collect certain personal information. We are committed to handling your information responsibly and transparently. This policy outlines how we handle your data, your rights regarding your information, and the steps we take to protect your privacy.
If you have any questions or concerns about how we manage your data, you can reach out to us at ex3@comcast.net.
TABLE OF CONTENTS
1. INFORMATION WE COLLECT
To provide our services effectively, we collect different types of information when you visit our website, sign up for a membership, book a class, or make a payment. The types of information we collect include:
1. Personal Information You Provide
When you sign up for a membership, book a class, purchase a personal training package, or contact us, you may provide us with personal details, including:
Name – To identify you as a gym member or customer.
Email Address – For account access, booking confirmations, and communication.
Phone Number – To send class reminders, updates, and customer support responses.
Date of Birth – Required for waiver of liability and to verify age eligibility.
Payment Information – Including credit/debit card details for processing transactions (handled securely by Wix Payments and Stripe; we do not store card details).
Login Details – Including username and password for member accounts.
Electronic Signature – When completing liability waivers.
Billing Address – For payment processing and verification purposes.
2. Information We Collect Automatically
When you visit our website, we automatically collect some information about your device and browsing activity, including:
Internet Protocol (IP) Address – To identify location-based access and enhance security.
Device Information – Such as browser type, operating system, and device model.
Session Activity – Including page response times, time spent on pages, and browsing behavior.
Interaction Data – Such as clicks, navigation paths, and referral sources (how you arrived at our website).
This data helps us improve website performance, enhance user experience, and identify technical issues.
3. Information Collected from Third Parties
We may receive additional information from third-party services that help us process payments, analyze website traffic, or verify user identities. These services include:
Google Analytics – Tracks website usage patterns, user behavior, and performance analytics.
Wix Payments & Stripe – Handles payment transactions and fraud prevention.
We do not collect or store your payment details directly; they are securely processed by Wix Payments and Stripe.
4. How We Collect This Information
We collect information through:
Forms filled out on our website (e.g., membership sign-ups, contact forms, and booking requests).
Automated tracking when you visit and interact with our website.
Payment transactions processed via our secure payment gateway.
Communications between you and our team via email or phone.
2. LAWFUL BASIS FOR WHICH WE USE YOUR INFORMATION
We collect and use your personal information based on the following lawful bases:
a) Contractual Necessity: We process your personal information to fulfill our contractual obligations when you sign up for a membership, book a class, or purchase a personal training package. This includes managing your account, processing payments, and providing access to the services you have paid for. Without this data, we would not be able to offer our services effectively.
b) Legal Compliance: We may be required to collect and retain certain personal information to comply with legal and regulatory requirements, such as tax laws, business record-keeping, and fraud prevention. This includes storing transaction history and liability waivers as part of our legal obligations.
c) Legitimate Interests: We process certain data based on our legitimate business interests, such as improving our website’s functionality, ensuring security, preventing fraud, and analyzing user behaviour through Google Analytics. We ensure that these interests do not override your rights or freedoms.
d) Consent: In cases where we rely on consent, such as sending marketing emails or promotional offers, we will only process your data if you have given explicit permission. You have the right to withdraw your consent at any time by following the opt-out instructions in our communications or contacting us directly.
e) Vital Interests: In rare cases, we may process your information if it is necessary to protect your vital interests or the interests of another individual, such as in an emergency situation where health and safety concerns arise at our gym.
3. HOW WE USE YOUR INFORMATION
The information collected from you is used for the following purposes:
a) Providing and Managing Our Services: We use your personal information to process memberships, book classes, and manage personal training packages. This includes verifying your identity, maintaining records of your reservations, and ensuring that you receive the services you have paid for.
b) Processing Payments: Your payment information is used to complete transactions securely through Wix Payments and Stripe. We do not store your credit card details, but we rely on these third-party providers to handle all payment processing and fraud prevention measures.
c) Maintaining Your Account If you create an account on our website, we use your login credentials to provide you with access to bookings, membership details, and account settings. This helps us streamline your experience and ensure that your membership benefits are properly managed.
d) Customer Support and Communication: We use your email and phone number to communicate with you regarding class bookings, cancellations, schedule updates, and customer support inquiries. This ensures that you stay informed about your reservations and any changes that may affect your gym experience.
e) Compliance with Legal Requirements: We may use your information to fulfill legal obligations, such as maintaining transaction records for tax and accounting purposes or storing signed liability waivers as part of our business operations.
f) Security and Fraud Prevention: To protect our website and users, we monitor account activity, IP addresses, and device information to detect unauthorized access, fraudulent transactions, or suspicious activity that could compromise security.
g) Marketing and Promotions: If you have opted in, we may send you promotional offers, updates, and special deals related to our gym services. You can unsubscribe from marketing communications at any time by following the opt-out instructions in our emails or contacting us directly.
h) Improving Website Performance: We use Google Analytics and other tracking tools to collect information about how users interact with our website. This data helps us identify trends, optimize site navigation, and enhance the overall user experience.
i) Storing Liability Waivers: We collect and store signed liability waivers to ensure compliance with gym policies and protect both our business and members in case of liability concerns.
4. DATA RETENTION AND DELETING YOUR INFORMATION
a) How Long We Retain Your Information: We retain your personal information for as long as necessary to provide our services, comply with legal obligations, and protect our business interests. Account details, bookings, and payment records are kept for as long as your membership is active. If you delete your account, we will remove most of your personal data, but certain information, such as payment history and signed liability waivers, may be retained for compliance and record-keeping purposes.
b) Retention of Purchase History: We keep records of all transactions indefinitely for business and legal reasons, including tax and accounting compliance. This includes details of membership payments, class bookings, and personal training package purchases.
c) Retention of Liability Waivers: Signed liability waivers, including your date of birth and electronic signature, are retained as long as necessary to protect EX3 Personal Training & Fitness, LLC from legal claims. These records are securely stored and will not be deleted upon account closure.
d) Deleting Your Information: You can request to delete your account and personal data by contacting us at ex3@comcast.net. Upon request, we will remove your personal information unless we are required to retain certain data for legal or security reasons. Deleted information cannot be recovered.
e) Exceptions to Data Deletion: Some data must be retained even if you request deletion, including:
· Transaction records: for tax and financial reporting.
· Signed liability waivers: for legal and business protection.
· Fraud prevention data: if your account was flagged for suspicious activity.
If you have any questions about data retention or deletion, please reach out to us at ex3@comcast.net.
5. INFORMATION SHARING
a) Our Employees: Information collected may be accessed by our employees based on their job responsibilities, such as customer support or system administrators. Access is restricted to those with a legitimate need for the information, and confidentiality obligations are in place.
b) Service Providers: We share certain information with trusted third-party providers who help us operate our business. This includes Wix Payments and Stripe for processing payments and Google Analytics for tracking website performance. These companies process your data securely and only for the purposes of providing their services to us.
c) Legal and Compliance Requirements: We may share your information if required by law, such as responding to legal requests, court orders, or government investigations. We will also disclose data if necessary to enforce our policies, protect our rights, or prevent fraud.
d) Business Operations and Security: We may share certain data to maintain the security of our website, prevent fraudulent activity, and protect our business from unauthorized access. This includes monitoring login activity, payment verification, and fraud prevention measures.
e) No Selling of Personal Data: We do not sell, trade, or rent your personal information to third parties. Your data is only shared with service providers essential for the operation of our gym, payment processing, and website management.
f) Aggregated and Non-Personal Data: We may share non-identifiable, aggregated data with business partners or marketing providers to analyze trends, improve services, and enhance the gym experience. This data does not contain personal details that could identify individual users.
6. STORAGE AND SECURITY OF YOUR INFORMATION
a) Where Your Information is Stored All user data collected through our website is stored on Wix Studio’s secure data centers. Our payment transactions are processed by Wix Payments and Stripe, which use industry-standard encryption to protect your financial details. We do not store any credit card information on our own servers.
b) How We Protect Your Information: We take data security seriously and implement reasonable measures to protect your personal information from unauthorized access, misuse, loss, or disclosure. This includes encryption, secure servers, firewalls, and access controls to safeguard your data. We also use SSL (Secure Socket Layer) encryption to protect data transfers on our website.
c) Who Has Access to Your Information: Only authorized personnel at EX3 Personal Training & Fitness, LLC and our trusted third-party service providers have access to your data. Access is granted only when necessary for business operations such as managing memberships, processing payments, or providing customer support.
d) Limitations of Security: While we take all reasonable steps to secure your data, no system is completely immune to security breaches. In the unlikely event of a data breach, we will take immediate action to investigate, contain, and notify affected users if required by law.
e) Your Role in Keeping Your Data Secure: To help protect your account, we recommend using a strong password, keeping your login details confidential, and avoiding sharing sensitive information over unsecured networks. If you suspect unauthorized access to your account, notify us immediately at ex3@comcast.net.
7. LINKS TO OTHER SITES
Our website may contain links to third-party websites for your convenience, such as payment processors, partner services, or external resources. We do not control or take responsibility for the privacy practices, security, or content of these websites. Once you leave our site, any information you provide to third-party sites is subject to their privacy policies, not ours. We encourage you to review their policies before sharing any personal data. If you have any concerns, you can contact us at ex3@comcast.net.
8. RIGHTS OF NEW HAMPSHIRE RESIDENTS
Under the New Hampshire Data Privacy Act (SB 255-FN), the New Hampshire residents may have specific privacy rights.
PLEASE NOTE, THIS LAW HAS SPECIFIC ELIGIBILITY CRITERIA. THIS SECTION IS ONLY EFFECTIVE IF AND WHEN THIS LAW STARTS TO APPLY TO OUR BUSINESS.
If and when the law becomes applicable to us, New Hampshire residents will have the following rights:
a) Right to Access: If applicable, you will have the right to request confirmation of whether we process your personal data and to access a copy of that data, unless an exception applies (such as protecting trade secrets).
b) Right to Correct: If the law applies, you will have the right to request that inaccurate or outdated personal data be corrected.
c) Right to Delete: If applicable, you may request the deletion of personal data collected about you, subject to certain exceptions, such as legal retention requirements.
d) Right to Data Portability: If we become subject to the law, you will have the right to receive a copy of your personal data in a portable and readily usable format to transfer it to another service provider.
e) Right to Opt-Out: If the law applies to us, you will have the right to opt out of the processing of your personal data for targeted advertising, the sale of personal data, or profiling.
f) How to Exercise Your Rights: If the New Hampshire Data Privacy Act applies to us in the future, we will provide a way for residents to submit privacy requests in compliance with the law. At that time, you may contact us at ex3@comcast.net for inquiries regarding your data rights.
9. RIGHTS OF USERS FROM OTHER STATES
Depending upon the laws of your specific state or country, you may be eligible for some or all the following rights in respect of your personal information:
Right to obtain information: You may have a right to obtain information about how and on what basis your personal information is processed and to obtain a copy.
Right to rectification: You may have the right to have any incomplete or inaccurate information we hold about you rectified and corrected.
Right of Erasure: You may have the right to erase your personal information in limited circumstances where (a) you believe that it is no longer necessary for us to hold your personal information; (b) we are processing your personal information on the basis of legitimate interests and you object to such processing, and we cannot demonstrate an overriding legitimate ground for the processing; (c) where you have provided your personal information to us with your consent and you wish to withdraw your consent and there is no other ground under which we can process your personal information; and (d) where you believe the personal information we hold about you is being unlawfully processed by us.
Right of restriction: You may have the right to restrict processing of your personal information where: (a) the accuracy of the personal information is contested; (b) the processing is unlawful but you object to the erasure of the personal information; (c) we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defense of a legal claim or (d) you have objected to us processing your personal information based on our legitimate interests and we are considering your objection.
Right to object: You may have the right to object to decisions which are based solely on automated processing or profiling.
Right to ask for a copy: Where you have provided your personal information to us with your consent, you may have the right to ask us for a copy of this data in a structured, machine-readable format and to ask us to share (port) this data to another data controller; or to obtain a copy of or access to safeguards under which your personal information is transferred outside of your jurisdiction.
Right to withdraw your consent. You may have the right to withdraw your consent on using your personal data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of our services.
Request the transfer of your Personal Data. If you so have this right, we will provide to you, or to a third-party you have chosen, your personal data in a structured, commonly used, machine-readable format. Please note that this right may only apply to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
To make such requests, please contact us at ex3@comcast.net. Please note, we reserve the right to reject the request if you are not entitled to the right that you request to enforce.
10. RESPONDING TO LEGAL REQUESTS
We may disclose your personal information if required by law, court order, or legal process, including in response to subpoenas, government investigations, or regulatory requirements. We may also share information if we believe it is necessary to comply with legal obligations, enforce our policies, protect our rights, prevent fraud, or ensure the safety of our customers and business. Any such disclosure will be made in accordance with applicable laws, and we will take appropriate steps to protect your privacy where possible. If permitted, we will notify you of any legal request involving your data unless prohibited by law.
11. CHILDREN PRIVACY
Our services are not intended for children under the age of 13, and we do not knowingly collect personal information from minors without parental consent. If we become aware that a child under 13 has provided personal information without parental authorization, we will take immediate steps to delete the data. Parents or guardians who believe their child’s information has been collected can contact us at ex3@comcast.net to request its removal.
12. OPTING OUT
a) Marketing Communications: You can opt out of receiving promotional emails by clicking the "unsubscribe" link in our emails or by contacting us at ex3@comcast.net. Even if you opt out, you may still receive service-related emails, such as booking confirmations and important account updates.
b) Google Analytics and Tracking: If you do not want your website activity tracked, you can adjust your browser settings to block cookies or use tools like Google’s opt-out browser add-on to disable Google Analytics tracking.
c) Targeted Advertising: If we use targeted ads, you can opt out by adjusting your Google Ads settings, Facebook Ad Preferences, or other ad platform settings to limit personalized advertising.
d) Account Deletion: If you wish to delete your account and associated personal data, you can submit a request to ex3@comcast.net. Please note that certain records, such as transaction history and liability waivers, may be retained for legal reasons.
13. CHOICE OF LAW AND DISPUTE RESOLUTION
This Privacy Policy and any disputes arising from or related to it shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict of law principles.
If a dispute arises regarding this Privacy Policy or our handling of your personal information, we encourage you to first contact us at ex3@comcast.net to attempt an informal resolution. If the dispute cannot be resolved informally, it shall be submitted to the courts located in Rockingham County, New Hampshire, which shall have exclusive jurisdiction over any legal proceedings.
14. QUESTIONS ABOUT THIS PRIVACY POLICY
In the event you have any grievance regarding anything related to this Privacy Policy, or with any content or service, in that case you may freely write your concerns through your registered email to Grievance Officer/Designated Representative at below:
· Name: Thaddeus Sieverding
· Email: privacy@boostcanvas.com
· Postal: 6 Main St., Unit 161, Newfields, NH, 03856
15. UPDATES TO THIS POLICY
We may update this Privacy Policy from time to time to reflect changes in our services, legal requirements, or business practices. If we make significant changes, we will notify users by posting an updated version on our website and, where required, by email. The revised policy will be effective immediately upon posting unless stated otherwise. We encourage you to review this Privacy Policy periodically to stay informed about how we handle your information. Your continued use of our website and services after any updates constitutes your acceptance of the revised policy. If you have any questions, you can contact us at ex3@comcast.net.
16. WELCOMING OF SUGGESTIONS
We welcome your comments regarding this Privacy Policy. Please write to us at ex3@comcast.net.
Last updated on February 25, 2025.